State v. Berry
227 W. Va. 221
| W. Va. | 2011Background
- Berry murdered Martha Mills and Zachary Worthington in December 2006 after driving to Mills' apartment; eyewitness A.C. described Berry firing multiple shots as Mills and Worthington arrived, leading to over a dozen gunshot wounds to both victims.
- Berry lived with his mother after the killings and later called 911 to report the shootings.
- Berry was indicted January 7, 2007, and trial began May 12, 2009, with Berry admitting to the killings during testimony.
- The jury found Berry guilty on two counts of first-degree murder and two counts of use of a firearm, resulting in two consecutive life sentences without parole.
- Berry challenged multiple trial decisions on appeal, including judge recusal, preclusion of mitigating evidence, sufficiency of evidence, admission of photographs, and prosecutorial misconduct; the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disqualification of the trial judge | Berry argues judge should have recused due to prior marriage to the prosecutor | Berry contends bias denied fair trial | Issue waived; no reversal on recusal |
| Preclusion of mitigating evidence | Berry sought social anxiety evidence for mercy mitigation | State argued evidence inadmissible in guilt phase and not timely disclosed | Waived due to not renewing bifurcation when offered; LaRock controls |
| Insufficiency of evidence for lying in wait theory | Sufficiency issues regarding lying in wait; verdict form did not distinguish theories | Griffin v. United States allows conviction on any sufficient theory in a multi-theory case | Conviction upheld; sufficient evidence for at least one theory (premeditated) supports verdict |
| Admission of numerous photographs | Many photos were gruesome and prejudicial | Photographs relevant to wounds; admissibility within Rule 401-403 discretion | No reversible error; admission was not abuse of discretion; any error harmless |
| Prosecutorial misconduct | Prosecutor allegedly improper arguments and conflicts of interest | Arguments lack merit; defenses were not improperly thwarted | No merit to prosecutorial misconduct |
Key Cases Cited
- State v. Vance, 207 W.Va. 640 (2000) (establishes standard of review for circuit court rulings; abuse of discretion; clearly erroneous factual findings; de novo legal questions)
- LaRock v. State, 196 W.Va. 294 (1996) (court may bifurcate guilt and mercy; LaRock factors for bifurcation; mercy phase admissibility)
- Griffin v. United States, 502 U.S. 46 (1991) (general verdict valid if supported on any submitted theory; sufficiency on one theory suffices)
- Yates v. United States, 354 U.S. 298 (1957) (extension of validity of multiple theories of liability; not controlling for sufficiency when some theories lack evidence)
- Turner v. United States, 396 U.S. 398 (1970) (conviction sustained if sufficient evidence of any one act in a conjunctive indictment)
- Guthrie v. State, 194 W.Va. 657 (1995) (standard for sufficiency review in murder cases; alternative theories treated distinctively unless jury verdict aggregates)
- Stuckey v. Trent, 202 W.Va. 498 (1998) (verdict forms need not distinguish theories when underlying doctrine permits)
- Derr v. Derr, 192 W.Va. 165 (1994) (photograph admissibility balancing under Rule 403; trial court's discretion given deference)
- Hughes v. State, 225 W.Va. 218 (2010) (verdict form distinction for felony murder vs. premeditated murder not required where underlying facts distinguishable)
- McLaughlin v. State, 226 W.Va. 229 (2010) (mercy-phase evidence broader than guilt-phase; supports bifurcation)
- Leach v. Hamilton, 280 S.E.2d 62 (1980) (early Leach decision on unitary vs bifurcated trials; LaRock supersedes)