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State of West Virginia v. Jams Carroll DePriest
Date: 11-03-2025
Case Number: 21-F-11
Judge: Robert A. Irons
Court: Circuit Court, summers County, West Virginia
Plaintiff's Attorney: Summers Court, West Virginia District Attorney's Office in Hinton
Defendant's Attorney:
Click Here For The Best Hinton Criminal Defense Law Lawyer Directory
Description:
Hinton, West Virginia, criminal defense lawyer represented the Defendant charged with ailure to provide notice of sex offender registration.
Legal issue Can a court dispense with a presentence investigation and report if a defendant escapes before sentencing?
CRIMINAL PROCEDURE. SENTENCING. The case concerns the improper sentencing of a defendant without a presentence report, as mandated by West Virginia Rule of Criminal Procedure 32(b)(1), and examines whether the defendant's fleeing from home confinement constituted a waiver of the right to such a report.
CRIMINAL PROCEDURE. WAIVER OF RIGHTS. The court considered whether a defendant's escape from home confinement implied a waiver of the right to a presentence investigation and report, ultimately determining that the escape did not waive the right but only the right to participate in the investigation process.
Key Phrases Criminal procedure. Presentence report. Sentencing discretion. Waiver of rights. Judicial review.
Legal issue Can a court dispense with a presentence investigation and report if a defendant escapes before sentencing?
CRIMINAL PROCEDURE. SENTENCING. The case concerns the improper sentencing of a defendant without a presentence report, as mandated by West Virginia Rule of Criminal Procedure 32(b)(1), and examines whether the defendant's fleeing from home confinement constituted a waiver of the right to such a report.
CRIMINAL PROCEDURE. WAIVER OF RIGHTS. The court considered whether a defendant's escape from home confinement implied a waiver of the right to a presentence investigation and report, ultimately determining that the escape did not waive the right but only the right to participate in the investigation process.
Key Phrases Criminal procedure. Presentence report. Sentencing discretion. Waiver of rights. Judicial review.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of West Virginia v. Jams Carroll DePriest?
The outcome was: Affirmed
Which court heard State of West Virginia v. Jams Carroll DePriest?
This case was heard in Circuit Court, summers County, West Virginia, WV. The presiding judge was Robert A. Irons.
Who were the attorneys in State of West Virginia v. Jams Carroll DePriest?
Plaintiff's attorney: Summers Court, West Virginia District Attorney's Office in Hinton. Defendant's attorney: Click Here For The Best Hinton Criminal Defense Law Lawyer Directory.
When was State of West Virginia v. Jams Carroll DePriest decided?
This case was decided on November 3, 2025.