State of West Virginia v. Gary Lee Rollins, 233 W. Va. 715

Body of Teresa Rollins found underwater in a pond on Rollins property in Nettie, WV, allegedly after an apparent incident at the farm.
Rollins-last-seen-alive occurred morning of Oct. 5, 2009; he reported discovering the body and called for help.
Initial autopsy suggested drowning with minor injuries; death initially deemed accidental.
State police investigation intensified after an extramarital affair involving Bailes (a coworker) came to light; reassessed autopsy findings changed to possible homicide.
Rollins was indicted for first-degree murder in Sep. 2011; Bailes charged as an accessory after the fact in Oct. 2011.
Trial in Aug. 2012 featured three medical experts (Sabet, Kaplan, Wecht) with conflicting conclusions about cause of death; defense emphasized accident theory; verdict: guilty of first-degree murder, life without mercy.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Prosecutor's closing remark prejudice	Rollins claims remark biased jury against him.	State argues remark was a proper rebuttal to defense; invited error.	No reversible error; waiver found; remark not plain error.
Juror bias and replacement	Juror Jordan biased; error to not strike for cause.	Waived; peremptory strike used to remove biased juror; alternate juror available.	No reversible error; objections waived; Crislip seated and later not shown prejudice.
Admission of domestic-violence evidence (Rule 404(b))	Prior acts of domestic violence against Rollins’s wife admissible to show absence of accident.	Evidentiary and probative weight outweighed by prejudice; hearsay concerns.	Admissible under 404(b); proper balancing; not reversible error.
Cumulative medical-evidence testimony	Wecht's testimony cumulative; undue prejudice.	Wecht provided necessary corroboration distinct from Sabet/Kaplan; not cumulative.	No abuse of discretion; not reversible.
Unfair surprise regarding Dr. Kaplan’s testimony	Defense challenged change in opinion; surprise prejudicial.	Defense granted a recess; strategy to cross-examine; not preserved for appeal.	Not reversible; strategy and recess cured potential prejudice.

State v. Sugg, 193 W.Va. 388, 456 S.E.2d 469 (1995) (prosecutor remarks not reversible absent clear prejudice or manifest injustice)
State v. Dunn, 162 W.Va. 63, 246 S.E.2d 245 (1978) (prosecutor closing remarks; waiver if no timely objection)
State v. Coulter, 169 W.Va. 526, 288 S.E.2d 819 (1982) (prosecutor remarks review; waiver rule)
State v. Grubbs, 178 W.Va. 811, 364 S.E.2d 824 (1987) (objection procedure to remarks; request to disregard)
State v. McGinnis, 193 W.Va. 147, 455 S.E.2d 516 (1994) (Rule 404(b) evidence admissibility; three-step analysis; absence of accident)