State of West Virginia v. Douglas D., 15-0266

Defendant (Douglas D.) was indicted in January 2014 for seven felony sex offenses (five first‑degree sexual assault; two sexual abuse by a parent) alleging multiple sexual acts against his son and daughter (both under 11) in March 2013.
At a September 2014 jury trial the State presented victim testimony, mother, therapists, pediatrician, teachers, Child Protective Services, and responding Monongalia County law enforcement; jury convicted on six of seven counts (acquitted on one count).
Medical exam three weeks after the alleged incidents showed no physical injury, but the pediatrician explained that absence of injury is not dispositive.
Pre‑sentence evaluations were completed; the circuit court denied alternative sentencing and concurrent terms and sentenced defendant in February 2015 to an aggregate 50 to 200 years in prison (within statutory limits) plus fines and supervised release; motion for new trial denied.
Defendant appealed, arguing (1) improper venue, (2) insufficient evidence, and (3) sentence cruel, unusual, and disproportionate. The Supreme Court of Appeals of West Virginia affirmed by memorandum decision.

Issue	State's Argument	Defendant's Argument	Held
Venue (county where offense occurred)	Circumstantial evidence (crime occurred at defendant's trailer near Cheat Lake; Monongalia County officers, CPS branch, and Child Advocacy Center involved) proves venue by preponderance	No proof connecting trailer location to Monongalia County; venue is jurisdictional and not proven	Venue proved by circumstantial evidence; Monongalia County involvement dispositive — claim rejected
Sufficiency of evidence	Victims, mother, therapists, and other witnesses provided testimony that, if believed, established elements beyond a reasonable doubt	Children were allegedly coached by the mother; medical exam showed no injuries; testimony unreliable	Viewing evidence in light most favorable to prosecution, testimony was sufficient; credibility for jury — conviction affirmed
Sentencing proportionality / cruel and unusual punishment	Sentences were within statutory limits and based on permissible factors; proportionality challenge to statutory sentences with upper limits not reviewable on direct appeal	Aggregate 50–200 years is disproportionate and violates state constitutional prohibition on cruel and unusual punishment	Sentence within statutory limits and not based on impermissible factors; proportionality challenge not reviewable on direct appeal; claim rejected

State v. Burton, 163 W.Va. 40, 254 S.E.2d 129 (establishes State's burden to prove venue and that venue may be proven circumstantially)
State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (standard for reviewing sufficiency of evidence; view evidence in light most favorable to prosecution)
State v. Beck, 167 W.Va. 830, 286 S.E.2d 234 (un corroborated victim testimony can support sexual offense conviction unless inherently incredible)
State v. Vance, 207 W.Va. 640, 535 S.E.2d 484 (standard of review for circuit court findings; cited for review principles)
State v. Tyler, 211 W.Va. 246, 565 S.E.2d 368 (limitations on appellate review of proportionality challenges to statutory sentences)