State of West Virginia v. Edward Charles L., Sr.

Summary

The Supreme Court of Appeals of West Virginia affirmed a father's convictions for two counts of first-degree sexual assault and two counts of first-degree sexual abuse against his four-year-old twin children, holding that collateral sexual acts were admissible under Rule 404(b) — including a newly announced 'lustful disposition' exception for child-victim cases that overrules State v. Dolin to the extent it barred such evidence — that the children's statements to their treating psychologist satisfied Rule 803(4) and the mother's repetition of her son's statements was admissible or at worst harmless, that a qualified expert could opine that the children had been sexually abused, that the children's uncorroborated testimony was not inherently incredible, and that counsel rendered effective assistance. Justice Miller, joined by Chief Justice Neely, dissented, contending that the lustful-disposition exception contradicts Rule 404(a) and the overwhelming weight of authority, that the expert's ultimate-issue abuse opinion and the mother's hearsay were inadmissible (particularly under Idaho v. Wright), and that trial counsel was ineffective, including in failing to object to the closed-circuit television testimony.