Phares v. Brooks

This is a follow-up appeal from our decision in Phares v. Brooks, 211 W.Va. 346, 566 S.E.2d 233 (2002) (per curiam) (hereinafter “Phares I ”) where we reversed and remanded this case with directions to the Circuit Court of Mineral County to hold a hearing to determine if a juror during the trial falsely testified during voir dire. After conducting the hearing, the circuit court found the juror did not so testify at voir dire and reinstated the verdict. It is from this reinstatement order that Ms. Phares now appeals. Having reviewed the briefs and the record provided to us, we believe that the…