State of West Virginia v. Thomas G. Carter, Jr., 16-0172

On June 14, 2014, a young woman was attacked on a wooded walking trail, forcibly moved off the trail, tied and gagged, sexually assaulted, and robbed of her cell phone.
The victim removed the attacker’s mask during the assault and later identified Thomas G. Carter, Jr.; police found a stained flannel shirt on Carter and cigarette pack matching the victim’s description.
Male DNA recovered from the victim was consistent with Carter’s DNA; the victim’s clothing was found near the mobile home park where Carter worked.
Carter was arrested the same evening hiding under a deck and indicted on robbery (1st), kidnapping, sexual assault (1st), and sexual abuse (1st); a jury convicted him on all counts after a three-day trial.
Sentences: 1–5 years (sexual abuse), 15–35 years (sexual assault), 50 years determinate (robbery), and life remainder (kidnapping); post-trial motions denied and Carter appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for robbery (1st)	State: taking phone by force to permanently deprive supports robbery	Carter: took phone only to prevent her calling police, no intent to permanently deprive	Affirmed — evidence (threats about jail, statements to victim) supports intent to permanently deprive and conviction
Sufficiency of evidence for kidnapping	State: restraint and forcible movement to isolated area were independent of sexual assault	Carter: movement/restraint was incidental to sexual assault, not a separate crime	Affirmed — restraint, movement, and promise to return made kidnapping distinct from sexual assault
Admission of post-attack injury photographs	State: photos relevant to show force and restraint	Carter: photos cumulative and prejudicial, intended to elicit sympathy	No plain error — photos were relevant, non-facial, probative of force and restraint; counsel did not object at trial
Standard of review for evidentiary and sufficiency rulings	N/A	N/A	Court applied de novo review for sufficiency and abuse-of-discretion/plain-error review for evidentiary rulings

State v. LaRock, 196 W. Va. 294, 470 S.E.2d 613 (W. Va. 1996) (standard for reviewing judgment of acquittal; view evidence in light most favorable to prosecution)
State v. Guthrie, 194 W. Va. 657, 461 S.E.2d 163 (W. Va. 1995) (appellate review of sufficiency requires determining whether evidence could convince a reasonable person beyond a reasonable doubt)
State v. Juntilla, 227 W. Va. 492, 711 S.E.2d 562 (W. Va. 2011) (de novo review statement for denial of judgment of acquittal)
State v. Rodoussakis, 204 W. Va. 58, 511 S.E.2d 469 (W. Va. 1998) (abuse-of-discretion standard for evidentiary rulings)
State v. Gibbs, 239 W. Va. 646, 797 S.E.2d 623 (W. Va. 2017) (confirming abuse-of-discretion review for evidence rulings)
State v. Miller, 194 W. Va. 3, 459 S.E.2d 114 (W. Va. 1995) (plain-error doctrine requirements)
State v. Miller, 175 W. Va. 616, 336 S.E.2d 910 (W. Va. 1985) (kidnapping not incidental where restraint and movement serve a separate criminal purpose)
State v. Kitchen, 207 W. Va. 724, 536 S.E.2d 488 (W. Va. 2000) (kidnapping may be a separate offense from sexual assault under similar facts)
State v. Marple, 197 W. Va. 47, 475 S.E.2d 47 (W. Va. 1996) (plain-error review citation)