State of West Virginia v. Alexander Paul Delorenzo

No. 21-0456 – State of West Virginia v. Alexander Paul Delorenzo FILED November 18, 2022 EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS WOOTON, Justice, dissenting, joined by Chief Justice Hutchison: OF WEST VIRGINIA I primarily take issue with the majority’s failure to recognize the obvious: that the circuit court’s refusal to allow the petitioner’s expert witness, Michael J. Marshall, Ph.D., to testify as to his Asperger’s Syndrome Disorder (“ASD”) gutted the petitioner’s ability to advance his sole defense, lack of intent, thereby violating his constitutional right to a fair trial. I…