STATE v. QUINN

No. 23537.

490 S.E.2d 34 (1997)

200 W.Va. 432

STATE of West Virginia, Plaintiff Below, Appellee v. James QUINN, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 4, 1997.

Dissenting Opinion of Justice Maynard June 5, 1997.

Rehearing Denied July 15, 1997.

Concurring Opinion of Chief Justice Workman July 22, 1997.


Attorney(s) appearing for the Case

David R. Bungard, Robinson and McElwee, Charleston, David L. Jackson, Chase and Gardner, Moundsville, for Appellant.

Scott E. Johnson, Senior Assistant Attorney General, State of West Virginia, Charleston, for Appellee.


STARCHER, Justice:

This case involves an appeal by James Quinn ("the appellant") of his conviction in the Circuit Court of Wetzel County for the offense of sexual misconduct toward a child by a custodian.

At the appellant's trial, the presiding judge ruled that our rape shield law prohibited the admission of evidence that the child victim had made other statements about sexual misconduct against her by other persons...

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