No. 23-5816

Henry Jo Ward v. West Virginia

Lower Court: West Virginia
Docketed: 2023-10-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-procedure due-process evidentiary-presumption fourteenth-amendment official-capacity
Key Terms:
FifthAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Does the Due Process Clause of the Fourteenth Amendment prohibit this presumption of facts against an accused?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The West Virginia Supreme Court interpreted a statute to create an unconstitutional evidentiary presumption. Specifically, the West Virginia Supreme Court ruled that officers “act in their lawful and official capacity twenty-four hours a day” and created a burden shift for critical elements of the crime outlined in West Virginia Code § 61-2-10b(b). This ruling eliminates the requirement for the State to prove, beyond a reasonable doubt, that an officer is acting in an official capacity. Does the Due Process Clause of the Fourteenth Amendment prohibit this presumption of facts against an accused? i

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent State of West Virginia to respond filed.
2023-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2023)

Attorneys

Henry Jo Ward
Troy Nino Alexander GiatrasThe Giatras Law Firm, PLLC, Petitioner
State of West Virginia
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent