State of West Virginia v. Belinda Ann Fuller

Ignoring clear statutory language and engaging in a convoluted analysis, the majority of this Court has gone out of its way to manufacture a non-existent ambiguity in the prostitution statute, West Virginia Code § 61—8—5(b) (2014). Moreover, even under the majority’s misguided analysis, there is no justification for an outright dismissal of the petitioner’s indictment. Because the majority has imprudently overstepped its judicial authority and reversed a valid conviction, I am compelled to dissent.

A plain reading of West Virginia Code § 61-8-5 reveals that the statute was designed to…