State of West Virginia v. Robert Scott R., Jr.
754 S.E.2d 588
W. Va.2014Background
- Mr. R. was convicted by a Mineral County jury of thirty sexual offenses against four minors (C.R., J.D., A.M., R.R.) based on acts from 2008–2010 at his home.
- Trial occurred in 2011; victims testified via live closed-circuit TV; defense denied the allegations.
- Circuit court sentenced him to 125–295 years in prison.
- Before trial, the State moved to dismiss several counts for venue, which Mr. R. opposed; the court granted the dismissal over his objection.
- On appeal, R. challenged (a) opening remarks by the prosecutor, (b) admission of Rule 404(b) evidence (pornographic texts), (c) discovery of mental-health records, (d) cross-examination limits, and (e) amendments/dismissals of counts; the Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Opening remarks by the prosecutor prejudiced the defendant | R. contends remarks prejudiced him | Grievance preserved; argued prejudice | Waived; no prejudice established |
| Admission of Rule 404(b) pornographic text evidence | Evidence showed lustful disposition and was relevant | Hearing inadequate under McGinnis/Edward Charles L. | Harmless error despite flawed hearing |
| Discovery of J.D.'s mental health records | Records needed for defense | Records confidential; Roy standard not met | No abuse of discretion; Roy not satisfied for in camera inspection |
| Cross-examination of A.M. and Debbie Wolford | Need to impeach credibility and show other statements | Cross-examination limited by Quinn and rape-shield rules | Not reversible; court did not abuse discretion |
| Amendment/nolle prosequi of counts (venue issue) | State sought dismissal to drop improper venue counts | Venue waiver required; dismissal improper without waiver | Court did not abuse discretion; venue issue controlled by waiver |
Key Cases Cited
- State v. Dunn, 162 W. Va. 63 (1978) (opening remarks not reversible absent prejudice or manifest injustice)
- State v. Grubbs, 178 W. Va. 811 (1987) (timely objection and request to disregard remarks required)
- Yuncke v. Welker, 128 W. Va. 299 (1945) (waiver for failure to timely object in trial)
- State v. Atkins, 163 W. Va. 502 (1979) (harmless-error framework for nonconstitutional evidence)
- State v. Roy, 194 W. Va. 276 (1995) (prima facie relevancy/need before in camera review of confidential records)