744 S.E.2d 315
W. Va.2013Background
- Rogers was convicted of first-degree murder and sentenced to life without mercy.
- The killing occurred August 29–30, 2010 in St. Albans; the victim was Laura Amos and Rogers had an ongoing relationship with her.
- Rogers confessed to police after arrest; Miranda warnings were given and he waived prompt presentment.
- Authorities transported Rogers to the sheriff’s office for booking before presenting him to a magistrate; the knives used were not recovered.
- The circuit court denied suppression and conflict-with-counsel motions; the convictions were affirmed on appeal.
- The opinion discusses prompt presentment, conflict of interest, and prosecutorial closing argument, applying West Virginia law to uphold the lower court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prompt presentment violation | Rogers argues a §62-1-5(a)(1) violation | State argues delays were for booking and not for coercing confession | Not violated; admission not suppressed |
| Conflict of interest / withdrawal | Rogers claims actual conflict of interest requires withdrawal | State contends no actual conflict; waiver valid | No actual conflict; denial of withdrawal affirmed |
| Prosecutorial closing argument | Closing remarks misstate law and invade evidence | Court instructed properly; remarks isolated | No reversible error; closing remarks not prejudicial under Sugg standard |
Key Cases Cited
- State v. Stuart, 192 W. Va. 428, 452 S.E.2d 886 (1994) (de novo review of suppression; credibility matters defer to circuit court)
- State v. Lacy, 196 W. Va. 104, 468 S.E.2d 719 (1996) (review of suppression; findings reviewed for clear error)
- State v. Humphrey, 177 W. Va. 264, 351 S.E.2d 613 (1986) (prompt presentment triggered by arrest; delays allowed; not vitiating confession)
- State v. Guthrie, 173 W. Va. 290, 315 S.E.2d 397 (1984) (premeditation not measured by a fixed time; some period required)
- State v. Sugg, 193 W. Va. 388, 456 S.E.2d 469 (1995) (four factors for prosecutorial misconduct review; not dispositive here)
- State ex rel. Youngblood v. Sanders, 212 W. Va. 885, 575 S.E.2d 864 (2002) (conflict of interest disclosure requirements; evidence of discussed confidences)
- State ex rel. Blake v. Hatcher, 218 W. Va. 407, 624 S.E.2d 844 (2005) (abuse-of-discretion standard for disqualification; need actual conflict)