State v. Gibson

Every member of this Court agrees that domestic violence is a scourge on society, one that should be forthrightly addressed by the law. However, I respectfully disagree with the majority opinion’s conclusion that W.Va.Code, 61-2-28(d) [2004] is “clear and unambiguous.” I believe that the statute is poorly *572drafted, vague and should be thoroughly rewritten by the Legislature.

As it is currently written, W.Va.Code, 61-2-28(d) can be given two reasonable interpretations. W. Va.Code, 61-2-28(d) states:

Any person who has been convicted of a third or subsequent violation ... of this section ... is…