State of West Virginia v. Brian D. Greeson
16-0497
W. Va.May 19, 2017Background
- Greeson and co-defendant Charles Shaffer shared an apartment with victim Leslie Fields; victim was found dead in the apartment on December 15, 2014.
- Autopsy showed multiple stab/incised wounds and blunt force trauma; two knives found at the scene; no fingerprints on knives.
- Greeson was arrested outside his locked apartment with significant blood on his clothing; he gave inconsistent statements and was recorded making inculpatory remarks at the police station.
- Shaffer pleaded guilty to second-degree murder pursuant to a plea agreement before Greeson’s trial; the State moved in limine to exclude evidence of Shaffer’s plea at Greeson’s trial, which the trial court granted.
- Greeson was tried alone, argued Shaffer acted alone, was convicted of second-degree murder, received a 40-year sentence, moved for new trial claiming his right to present a defense was violated by exclusion of Shaffer’s plea, and appealed.
Issues
| Issue | Plaintiff's Argument (Greeson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Exclusion of co-defendant's guilty plea | Plea is definitive evidence linking Shaffer as sole perpetrator; exclusion violated Greeson’s right to present a defense under Harman | Plea would not show Shaffer acted instead of Greeson and is inadmissible or more prejudicial than probative | Court affirmed: plea excluded; would not show Shaffer acted alone and could suggest joint guilt, so exclusion proper under W. Va. Evid. R. 403 and Frasher standard |
| Whether State "opened the door" to admit the plea (curative admissibility) | State’s evidence (photos, glove, arrest evidence, questioning) opened the door, so Greeson should be permitted to introduce plea | Trial court permitted other means to support defense and did not find the State opened the door; plea still inadmissible | Court affirmed: trial court did not abuse discretion; State did not open the door and Greeson was not foreclosed from other evidence or cross-examination |
Key Cases Cited
- State v. Harman, 165 W. Va. 494 (evidence linking another person admissible when it directly links that person as the perpetrator)
- State v. Frasher, 164 W. Va. 572 (evidence of another's guilt admissible only when inconsistent with defendant's guilt)
- State v. Vance, 207 W. Va. 640 (standard of review: abuse of discretion for new trial rulings; clearly erroneous for factual findings)
- State v. Guthrie, 194 W. Va. 657 (curative admissibility and limits on defendant’s evidentiary rights)