State of West Virginia v. Jason Paul Lambert

WORKMAN, Justice:

The petitioner, Jason Paul Lambert, was convicted in the Circuit Court of Marion County, West Virginia, of one count of sexual abuse by a parent, guardian or custodian, and one count of distribution and display of obscene matter to a minor. The victim, S.W., 1 who was four years old at the time of the offenses, was deemed incompetent to testify. On appeal, the petitioner claims that admission at trial of certain of S.W.’s out-of-court statements violated his rights under the United States Constitution, Amendment VI, and the West Virginia Constitution, article III, section 14;…