State of West Virginia v. Marcus Stephen Sanders

FILED April 9, 2019 No. 17-0401, State of West Virginia v. Marcus Stephen Sanders released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS Judge Bloom, joined by Justice Armstead, dissenting: OF WEST VIRGINIA I disagree with the majority’s conclusion that attempted felony murder cannot be a cognizable crime in West Virginia. Simply put, no holding of this Court or statute in our Code precludes the possibility of an attempted felony murder conviction. While it is clear that attempted felony murder is not explicitly a statutory crime under the laws of our State, neither are most…