State v. Skidmore, 718 S.E.2d 516

Skidmore was convicted of first degree murder after a bifurcated trial for killing Steve Yarborough with a hammer.
The State introduced evidence of Skidmore's 1987 voluntary manslaughter conviction during the penalty phase.
The circuit court admitted the prior conviction relying on Dunlap v. McBride, without a McGinnis hearing.
The jury returned a verdict of life without mercy after the mercy phase.
Skidmore argued the penalty-phase evidence should have been subject to Rule 403 balancing and McGinnis analysis.
The Court affirmed the conviction and life sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior conviction at penalty phase	State; broader mercy-phase evidence permitted	Skidmore; require McGinnis balancing before admission	Admissible; no McGinnis hearing required under Dunlap
Voluntary intoxication instruction with 'gross' term	No reversible error; instruction was adequate	Word 'gross' heightens required intoxication level	Instruction not erroneous; no abuse of discretion

State v. Vance, 207 W.Va. 640, 535 S.E.2d 484 (2000) (standard for review of circuit court rulings on appeal; defers to factual findings)
State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (1995) (jury instruction reviewed as a whole for accuracy)
State v. Bradshaw, 193 W.Va. 519, 457 S.E.2d 456 (1995) (deference to circuit court in formulating instructions; abuse standard)
State v. Davis, 52 W.Va. 224, 43 S.E. 99 (1902) (death-row intoxication standard to reduce or negate premeditation)
State v. Kidwell, 62 W.Va. 466, 59 S.E. 494 (1907) (gross intoxication concept in negating deliberation)
State v. Keeton, 166 W.Va. 77, 272 S.E.2d 817 (1980) (drunkenness may reduce first degree to second if capable of deliberation absent intoxication)
State v. Painter, 135 W.Va. 106, 63 S.E.2d 86 (1951) (reference to prior intoxication standard in homicide cases)
State v. McGinnis, 193 W.Va. 147, 455 S.E.2d 516 (1994) (requires Rule 401/403 analysis for evidence admissibility in penalty phase; McGinnis balancing)
State v. McLaughlin, 226 W.Va. 229, 700 S.E.2d 289 (2010) (establishes Rule 401/403 analysis for penalty phase evidence; prospective application)
State ex rel. Dunlap v. McBride, 225 W.Va. 192, 691 S.E.2d 183 (2010) (penalty phase evidence may proceed without McGinnis hearing under Dunlap)
Zant v. Stephens, 462 U.S. 862, 103 S. Ct. 2733 (1983) (penalty phase evidence relevant to character and propensities)