State Ex Rel. Callahan v. Santucci

McGRAW, Chief Justice:

This case presents the issue of whether a magistrate court is required to hold a hearing to permit a defendant to demonstrate “unavoidable cause” for the failure to request a jury trial within twenty days of an initial appearance, as required by W. Va.Code § 50-5-8(b) (1994) and Rule 5(c) of the West Virginia Rules of Criminal Procedure for Magistrate Courts. For the reasons set forth below, we find that a defendant must be given a reasonable opportunity to adduce evidence and argument bearing upon whether the tardiness in requesting a jury trial was occasioned by such…