State of West Virginia v. James Everett Marcum

WORKMAN, Justice:

This ease is before the Court upon the appeal of the Petitioner, James Marcum, from the September 14, 2012, Order re-sentencing 1 the Petitioner to a determinate term of forty years in prison following his jury conviction for second degree murder. The Petitioner argues that the circuit court erred: 1) in the manner it conducted the suppression hearing, by shifting the burden to the Petitioner and requiring him to put on evidence first in order to make a showing that would trigger the State’s rebuttal of the Petitioner’s suppression grounds; and, 2) in finding that the…