No. 25-5458

Andrew Jackson McCauley, Jr. v. West Virginia

Lower Court: West Virginia
Docketed: 2025-08-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: change-of-venue child-abuse first-degree-murder human-remains k-9-testimony motion-for-directed-verdict
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Did the trial court commit reversible error by denying Petitioner's Motion for Change of Venue; by allowing K-9 testimony about human remains; and by failing to direct a verdict due to insufficient evidence?

Question Presented (OCR Extract)

I). Did the trial court commit reversible error by denying Petitioner's Motion for Change of Venue? Question II). Did the trial court commit reversible error when it "allowed the testimony of Brandy Eggeman and evidence that her K-9 Rock indicated to the presence of human remains in the bed of the green Dodge truck driven by Petitioner? Question III). Did the trial court commit reversible error when it failed to direct a verdict in favor of the Petitioner at the close of the State's Case-in-Chief and the close of all of the evidence because the evidence was insufficient to find the Petitioner guilty of murder in the first degree and guilty of death of a child by custodian by child abuse?

Docket Entries

2025-11-10
Petition DENIED.
2025-10-09
DISTRIBUTED for Conference of 11/7/2025.
2025-10-06
Waiver of right of respondent West Virginia to respond filed.
2025-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2025)

Attorneys

Andrew Jackson McCauley, Jr.
Andrew Jackson McCauley Jr. — Petitioner
Andrew Jackson McCauley Jr. — Petitioner
West Virginia
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent
Michael Ray WilliamsOffice of the West Virginia Attorney General, Respondent