STATE EX REL. CATON v. SANDERS

No. 31661.

601 S.E.2d 75 (2004)

215 W.Va. 755

STATE of West Virginia ex rel. Jason L. CATON, Petitioner, v. The Honorable David H. SANDERS, Judge of the Circuit Court of Berkeley County, West Virginia, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 29, 2004.

Concurring Opinion of Justice Starcher July 14, 2004.


Attorney(s) appearing for the Case

Deborah A. Lawson, Chief Public Defender, William R. DeHaven, Public Defender Corporation, Martinsburg, West Virginia, Attorneys for the Petitioner.

Pamela Jean Games-Neely, Berkeley County Prosecuting Attorney, Christopher C. Quasebarth, Assistant Prosecuting Attorney, Martinsburg, West Virginia, Attorneys for the Respondent.

Justice STARCHER and Justice ALBRIGHT concur and reserve the right to file separate opinions.


DAVIS, Justice:

In this original proceeding in prohibition, a criminal defendant seeks to prohibit the circuit court from allowing evidence of prior bad acts pursuant to West Virginia Rule of Evidence 404(b). Finding a proper purpose for the admission of the challenged evidence, we deny the writ. In addition, however, we clarify the requirements for demonstrating the purpose which must be shown in order to achieve the admission of such evidence.

I.

...

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