Cases

Case Date:
23-10-2018

Case Information:
The petitioner, a pharmacist who owned a pharmacy in Martinsburg, West Virginia, appeals his sentence of one to fifteen years in the penitentiary upon the conviction of three felony counts of Delivery of Methadone, his sentence of one to fifteen years in the penitentiary upon his conviction of five felony counts of Delivery of Oxycodone, and his sentence of one to three years in the penitentiary upon his conviction of five felony counts of Delivery of Alprazolam. The petitioner asserts that the circuit court erred in granting the State’s motion to strike an African-American juror. The petitioner also asserts that the circuit court erred in refusing to allow the admission of certain medical records into evidence. Finally, the petitioner asserts that the circuit court erred in denying his motion for a new trial, to be conducted as a bench trial. In response, the State argues that the African-American juror was properly stricken as a juror because she suffers from serious health conditions. The State further argues that the petitioner failed to demonstrate that the medical records at issue have any probative value. Finally, the State argues that the petitioner’s motion for a new trial was properly denied because he is not entitled to a bench trial as a matter of right.