2 results for "John B. McCuskey"
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State v. Butcher - Writ of Prohibition Granted Against Judge for Dismissing Indictment Based on Evidence Sufficiency
The West Virginia Supreme Court granted the State's petition for a writ of prohibition, prohibiting Circuit Court Judge Joshua Butcher from enforcing his July 1, 2025 order that dismissed the indictment against respondent Aaron Chase Mahon. The Court held that the circuit court exceeded its legitimate powers by evaluating the sufficiency of evidence presented to the grand jury when ruling on Mahon's pretrial motion to dismiss.
Cook Affirmed - Third-Degree Sexual Assault Conviction
The Supreme Court of Appeals of West Virginia affirmed Thomas Woodrow Cook's third-degree sexual assault conviction, rejecting his claim that evidence was insufficient to prove identity and his challenge to the Child's Uncorroborated Testimony jury instruction. The court applied a de novo standard of review to his motion for judgment of acquittal, finding that any rational trier of fact could have found the essential elements proved beyond a reasonable doubt.
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