751 S.E.2d 280
W. Va.2013Background
- Flourney killed his girlfriend Victoria West on August 20, 2005 by shooting her in the face; he admitted the shooting in a recorded statement within hours of the homicide.
- Defendant was indicted for first-degree murder in Cabell County; pretrial competency and mental health evaluations were ordered under Rule 12.2 to assess insanity or other mental defenses.
- Examining psychiatrists and a psychologist concluded Flournoy had capacity to stand trial and was not suffering from a mental disease or defect at the time of the crime.
- During trial jurors were permitted to take notes; defense requested insanity instructions, but the court denied due to lack of Rule 12.2 notice and insufficient evidence.
- The jury convicted Flournoy of first-degree murder with no mercy recommended and the trial court sentenced him to life without parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prompt presentment of a confession | Flournoy argues confession was obtained in violation of prompt presentment. | State contends delay did not violate prompt presentment. | No reversible error; delay was minimal and not coercive. |
| Insanity instruction | Flournoy requested insanity instruction as his theory of defense. | State argues failure to comply with Rule 12.2 and lack of evidence. | No error; insufficient evidence of insanity and no Rule 12.2 compliance warranted instructions. |
| Mercy instruction in murder cases | Rule 62-3-15 guidance should inform mercy deliberations. | Legislature did not prescribe factors; discretion lies with jury. | Miller controls; no mandated factors instruction; no merit. |
| Juror note guidance | Trial court’s note-taking instruction adequate; no plain error or reversible fault. |
Key Cases Cited
- State v. Lacy, 196 W. Va. 104 (1996) (deference to circuit court findings in suppression reviews; clear-error standard)
- State v. Sugg, 193 W. Va. 388 (1995) (prompt presentment delays allowed; routine processing permitted)
- State v. Whitt, 184 W. Va. 340 (1990) (delay in processing not fatal to prompt presentment)
- State v. Rogers, 231 W. Va. 205 (2013) (delay after confession generally does not vitiate a confession)
- State v. Humphrey, 177 W. Va. 264 (1986) (prompt presentment considerations in confession timing)
- State v. Guthrie, 194 W. Va. 657 (1995) (insanity defense standards and relation to Myers)
- State v. Myers, 159 W. Va. 353 (1976) (insanity burden and admissibility of insanity instruction)
- State v. Miller, 178 W. Va. 618 (1987) (no mercy-factors instruction in first-degree murder cases)
- State v. Triplett, 187 W. Va. 760 (1992) (note-taking permissible; trial court discretion)