State of West Virginia v. Nicholas Varlas

FILED June 16, 2020 No. 19-0005 – State of West Virginia v. Nicholas Varlas released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA HUTCHISON, Justice, dissenting, joined by ARMSTEAD, Chief Justice: This case presented an excellent opportunity for this Court to reinstate sentencing discretion in circuit courts that was wrongfully stripped from them by the decision in State v. Eden, 163 W. Va. 370,

256 S.E.2d 868

(1979) and its progeny. As pointed out by the majority opinion, under Eden a trial court is prohibited from increasing the punishment of a defendant…