STATE v. PAYNTER

No. 26205.

526 S.E.2d 43 (1999)

206 W.Va. 521

STATE of West Virginia, Plaintiff Below, Appellee, v. Lowell Eugene PAYNTER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 10, 1999.

Dissenting Opinion of Justice Maynard December 15, 1999.


Attorney(s) appearing for the Case

Richard E. Holicker, Assistant Public Defender, Charleston, West Virginia, Attorney for the Appellant.

Darrell V. McGraw, Jr., Attorney General, David P. Cleek, Senior Deputy Attorney General, Charleston, West Virginia, Attorneys for the Appellee.


DAVIS, Justice:

Lowell Eugene Paynter appeals his conviction for second-degree murder. Mr. Paynter first argues that the trial court erred when it failed to grant his request for a mental competency evaluation, which request was made after Mr. Paynter had already been found competent by a psychologist. In addition, Mr. Paynter contends that his due process rights were violated by the State's loss or destruction of certain...

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