No. 21-23

Brenda Cook v. West Virginia

Lower Court: West Virginia
Docketed: 2021-07-08
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 14th-amendment 5th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment impartial-jury jury-impartiality sixth-amendment voir-dire
Key Terms:
DueProcess
Latest Conference: 2021-12-10 (distributed 2 times)
Question Presented (AI Summary)

Has the Petitioner's Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Has the Petitioner’s Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated when the court erred in allowing juror, Victor Owens, who called the Petitioner a “murderer” in 2011 in reference to State v. Cook, 204 W. Va. 591, 515 S.E.2d 127 (1999) to remain on the jury when an alternate juror was available and had never been excused from the jury at the time of the Petitioner’s objection? II. Has the Petitioner’s Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated when the court erred in allowing the juror, Victor Owens, to omit in voir dire questioning that he had prejudicial knowledge of the Petitioner, Brenda Cook and the Petitioner’s witness Frank Brent? Ill. Has the Petitioner’s Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated when the court denied the Petitioner’s attorney’s request the biased juror, Victor Owens, approach the bench for questioning? IV. Has the Petitioner’s Fourteenth Amendment right to due process been violated when the court erred by allowing the State to introduce 404(b) evidence but disallowed the Petitioner’s 404(b) rebuttal evidence? V. Has the Petitioner’s Fourteenth Amendment right to due process been violated when the court erred in not allowing the Petitioner’s Expert Witness, Craig Corkrean, to testify at the trial even though the Circuit Court agreed at the Discovery Hearing four months prior to the trial that the Expert Witness would be allowed to testify? Page | ii

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-15
Reply of petitioner Brenda Cook filed. (Distributed)
2021-11-15
Motion for leave to proceed in forma pauperis filed by petitioner Brenda Cook. (Distributed)
2021-11-03
Brief of respondent West Virginia in opposition filed.
2021-09-17
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
2021-09-16
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
2021-09-02
Response Requested. (Due October 4, 2021)
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-08-09
Waiver of right of respondent West Virginia to respond filed.
2021-06-09
Petition for a writ of certiorari filed. (Response due August 9, 2021)

Attorneys

Brenda Cook
Brenda Cook — Petitioner
Brenda Cook — Petitioner
West Virginia
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent