STATE v. KEATON

No. 31575.

599 S.E.2d 799 (2004)

215 W.Va. 376

STATE of West Virginia Plaintiff Below, Appellee v. Housein B. KEATON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 17, 2004.

Concurring Opinion of Justice Davis June 18, 2004.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Robert D. Goldberg, Assistant Attorney General, Charleston, for Appellee.

Jay Craig, Public Defender Corporation, Charleston, for Appellant.


STARCHER, J.:

In April of 2003 the appellant, Housein B. Keaton, was convicted of malicious wounding in the Circuit Court of Kanawha County. He appeals his conviction, asserting that a comment made by the trial judge when speaking with a juror, just before the jury began its deliberations, created such a possibility of unfair prejudice against the appellant by one or more jurors that the appellant's conviction may not stand. We reverse the appellant's conviction and...

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