State of West Virginia v. Carter Perry King

In reversing the circuit court's denial of the petitioner's motion for a hearing pursuant to West Virginia Code § 27-6A-6, the majority has improperly intruded upon the discretion of the circuit court.

In February of 2004, the petitioner was indicted by a grand jury on two counts of sexual abuse by a parent, guardian, or custodian and two counts of second-degree sexual assault. In a December 18, 2008, order the circuit court found that the petitioner was not competent to stand trial, was not substantially likely to attain competency, and but for the fact that the petitioner was not competent…