STATE v. MECHLING

No. 32873.

633 S.E.2d 311 (2006)

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

Supreme Court of Appeals of West Virginia.

Decided June 30, 2006.


Attorney(s) appearing for the Case

Marcia Ashdown, Prosecuting Attorney, Morgantown, of Appellee.

Joseph M. Sellaro, Esq., Sellaro & Sellaro, Morgantown, for Appellant.


STARCHER, J.:

This is an appeal of a domestic battery conviction from the Circuit Court of Monongalia County. We are asked to examine whether the circuit court erred in permitting the admission of statements made by the victim to three individuals—statements indicating that the victim was battered by the defendant—when the victim did not appear and testify at the defendant's trial.

As set forth below, we find that the statements made by the victim...

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