State of West Virginia v. Steward Butler

LOUGHRY, Chief Justice:

The petitioner (plaintiff below), State of West Virginia, appeals the circuit court’s order entered May. 13, 2016, through which it dismissed two counts of a four-count indictment returned against the respondent (defendant below), Steward Butler. The two dismissed counts charged the defendant with criminal civil rights violations under West Virginia Code § 61-6-21 (b) (2014). The State argues that the circuit court erred when it dismissed Counts I and III based on its erroneous determination that the word “sex” in West Virginia Code § 61-6-21(b) was plain and…