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In re: Expungement of Record of N.S.
Date: 11-14-2024
Case Number: 23-P-51
Judge: Alfred E. Ferguson
Court: Circuit Court, Cabell County, West Virginia
Plaintiff's Attorney:
Click Here For The Best Huntington Civil Rights Lawyer Directory
Defendant's Attorney: Cabell County, West Virginia Prosecuting Attorney's Office
Description:
On August 8, 2002, the partially clad body of Deanna Louise Crawford, a twenty-one-year-old, was discovered by loggers in an abandoned barn-like structure located in a remote area of Hickory Ridge, Cabell County, West Virginia. Ms. Crawford's cause of death was determined to be manual strangulation and her autopsy revealed that she had numerous bruises and abrasions upon her body. Items of evidence were recovered by law enforcement from the area where Ms. Crawford's body was found, including beer cans, cigarette butts, and pants believed to have belonged to Ms. Crawford.
On January 18, 2011, N.B. accepted an Alford[8] plea to the voluntary manslaughter of Ms. Crawford. In 2015, counsel for N.B. filed a motion for post-conviction DNA testing pursuant to West Virginia Code § 15-2B-14 (2004), which was granted on November 1, 2016. Ultimately, the DNA profile on the items tested excluded Mr. Dement, N.B., J.B., and P.B., but showed the presence of the DNA of a convicted sex offender, Timothy Smith, on various samples found in the crotch area of the victim's discarded pants and a discarded cigarette butt. Given the newly discovered DNA evidence, N.B. was permitted to withdraw his Alford plea for the voluntary manslaughter of Ms. Crawford. Thereafter, during an October 5, 2021, hearing, Cabell County Special Prosecutor Thomas Plymale elected to dismiss all charges against N.B., J.B., and P.B.
On February 10, 2023, N.B. filed a Petition for Expungement of Criminal Records Due to Dismissal, seeking expungement of his criminal records related to any charges brought against him associated with Ms. Crawford's death. N.B. argued that expungement was necessary as his "exoneration" through DNA evidence constituted "extraordinary circumstances" requiring the exercise of the circuit court's inherent expungement power. N.B. further argued that the presence of charges on his criminal record, for which he was "wrongfully convicted" and subsequently "exonerated" makes it difficult for him to find employment and housing and causes him "significant emotional distress." After consideration of N.B.'s petition for expungement, by order dated August 21, 2023, the circuit court denied the motion.
Petition for expungement denied.
Huntington, West Virginia civil rights lawyer represented the Plaintiff seeking expungement of criminal records.
On August 8, 2002, the partially clad body of Deanna Louise Crawford, a twenty-one-year-old, was discovered by loggers in an abandoned barn-like structure located in a remote area of Hickory Ridge, Cabell County, West Virginia. Ms. Crawford's cause of death was determined to be manual strangulation and her autopsy revealed that she had numerous bruises and abrasions upon her body. Items of evidence were recovered by law enforcement from the area where Ms. Crawford's body was found, including beer cans, cigarette butts, and pants believed to have belonged to Ms. Crawford.
On January 18, 2011, N.B. accepted an Alford[8] plea to the voluntary manslaughter of Ms. Crawford. In 2015, counsel for N.B. filed a motion for post-conviction DNA testing pursuant to West Virginia Code § 15-2B-14 (2004), which was granted on November 1, 2016. Ultimately, the DNA profile on the items tested excluded Mr. Dement, N.B., J.B., and P.B., but showed the presence of the DNA of a convicted sex offender, Timothy Smith, on various samples found in the crotch area of the victim's discarded pants and a discarded cigarette butt. Given the newly discovered DNA evidence, N.B. was permitted to withdraw his Alford plea for the voluntary manslaughter of Ms. Crawford. Thereafter, during an October 5, 2021, hearing, Cabell County Special Prosecutor Thomas Plymale elected to dismiss all charges against N.B., J.B., and P.B.
On February 10, 2023, N.B. filed a Petition for Expungement of Criminal Records Due to Dismissal, seeking expungement of his criminal records related to any charges brought against him associated with Ms. Crawford's death. N.B. argued that expungement was necessary as his "exoneration" through DNA evidence constituted "extraordinary circumstances" requiring the exercise of the circuit court's inherent expungement power. N.B. further argued that the presence of charges on his criminal record, for which he was "wrongfully convicted" and subsequently "exonerated" makes it difficult for him to find employment and housing and causes him "significant emotional distress." After consideration of N.B.'s petition for expungement, by order dated August 21, 2023, the circuit court denied the motion.
Petition for expungement denied.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of In re: Expungement of Record of N.S.?
The outcome was: Affirmed
Which court heard In re: Expungement of Record of N.S.?
This case was heard in Circuit Court, Cabell County, West Virginia, WV. The presiding judge was Alfred E. Ferguson.
Who were the attorneys in In re: Expungement of Record of N.S.?
Plaintiff's attorney: Click Here For The Best Huntington Civil Rights Lawyer Directory. Defendant's attorney: Cabell County, West Virginia Prosecuting Attorney's Office.
When was In re: Expungement of Record of N.S. decided?
This case was decided on November 14, 2024.