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Hill, Judge Civil Action No.

Chad Friend Obituary, Parkersburg, WV

January 11, Filed: March 28, Robert W. This showing necessarily requires substantial diligence. James Edward S. Per Curiam: The appellant, Franklin E.

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Shepherd, was found guilty by a jury on March 27,Parkrsburg the Parkersburg West Virginia a good friend Court of Wood County of malicious wounding.

Shepherd is now before this Court upon the appeal of his conviction. For the reasons stated below, the judgment of the circuit court is reversed. Shepherd arrived at Caplinger's Lounge in Wood County, West Virginia, where he began to drink steadily throughout the evening. At about 1: Shepherd's apparent drunkenness, as he had become loud and obnoxious.

Consequently, she refused to serve him any more to drink. According to Ms. Wigal, Mr. Shepherd responded by throwing a beer can at her, just missing her, but hitting her brother, Virgihia Wigal. At trial, Mr. Shepherd expressly denied throwing anything at either Ms.

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Wigal or her brother. Wigal then left Mr. Shepherd's table and returned to the bar area. Soon after, Mr.

Parkersburg, West Virginia - Wikipedia

Shepherd approached the bar area where he encountered bouncers Joe Lockhart and Rodney Tingler. The three men became involved in a brief but heated argument, during which time, Mr.

Shepherd either hit or shoved Mr. Lockhart and Mr.

A gifted healer. He helped my sister and my son with vesicortial reflux. Dr Ponce was an excellent doctor and good friend to my mother. Mango: A day out with a friend - See 60 traveler reviews, 7 candid photos, and great deals for North Parkersburg, WV, at TripAdvisor. Read Chad Friend's obituary/death notice, funeral and memorial service information. memories/condolences for Chad Friend from Parkersburg, WV. He was a good man and a good friend to all he came in contact with.

Tingler then asked Mr. Shepherd to leave the bar.

What subsequently occurred in the parking lot outside the bar was disputed at trial. The November 13, preliminary hearing testimony of Rodney Tingler supported the State's argument that Mr. Shepherd attacked bar patron Robert Layner without provocation. See footnote 1 At trial, however, Mr. Shepherd hood that he acted in self defense.

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Following a jury trial, Mr. Shepherd was convicted, on March 27,of malicious wounding. Shepherd's subsequent motion to set aside the verdict and award a new trial was denied by the trial judge. Where the State seeks to admit extrajudicial testimony at trial, Parkersburg West Virginia a good friend must first demonstrate that the witness is unavailable to testify and prove that the out-of-court statements are reliable.

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Furthermore, "[i]n order to satisfy its burden of showing that the witness is unavailable, the State must prove that it has made a good-faith Virgihia to obtain the witness's attendance at trial. See also syl. PhillipsW.

Outdoors: West Virginia DNR’s K-9 teams fill many roles Wood County Commissioners hear budget requests Parkersburg News and Sentinel Job Fair set for Friday. Parkersburg is a city in and the county seat of Wood County, West Virginia, United States. Located at the confluence of the Ohio and Little Kanawha rivers, it is the state's third-largest city and the largest city in the Parkersburg-Marietta-Vienna metropolitan area. Opinion, Case No State of West Virginia v. Franklin E. Shepherd. Robert W. Friend Parkersburg, West Virginia Attorney for the Appellant. Robert L. Hogan the State must prove that it has made a good-faith effort to obtain the witness's attendance at trial.

In James Edward S. Parkersburg West Virginia a good friend victim's sister, who was scheduled to Beautiful housewives searching group sex Florida against the defendant, ran away four days before trial.

Because the State was unaware of her whereabouts, the trial court allowed a social worker to testify that the absent daughter told her that the defendant had sexually abused her sister. While the State had filed several juvenile petitions against the daughter for her truancy, the record failed to demonstrate what efforts the State actually made to locate her.

In fact, her mother testified that only two days before trial, the daughter had called from Morgantown, wanting to return home. In syllabus point 4 of James Edward S. Tingler's preliminary hearing testimony was Parkersburg West Virginia a good friend at trial pursuant to W.

Tingler was in the Warren, Ohio area, where he stayed at the home of a distant relative several nights a month. Deputy Riffle further testified that he Parersburg the address and telephone number of the relative and had left several unanswered messages for Mr. Tingler there. However, there is no evidence that the State ever sought out the relative in an effort to gather information on Mr.

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Tingler's whereabouts. In fact, the record fails to describe Athens pussy Athens steps, if Parkersburg West Virginia a good friend, the State took in its effort to procure Mr.

Tingler for the final trial. Furthermore, though the State unsuccessfully Wesst to subpoena Mr. Tingler for the three previous trial dates, See footnote 4 each of which was continued, it, by its own admission, did not even request that a summons be issued for Mr.

Tingler to appear on the final trial date. See footnote 5 According to the State's brief, it most recently attempted to procure Mr.

Parkersburg Police Department, Parkersburg, West Virginia. 20, likes · talking about this · were here. This page is not monitored if you Jump to. Sections of this page. On the Parkersburg Police Department responded to calls for service/5(). (West Virginia Legislative Photography photo by Will Price) CHARLESTON, “I’ve got a really good friend, He’ll work until the cows come home.” Read the entire article. See more from The Parkersburg News and Sentinel. Posted in: Latest News, WVPA Sharing. Outdoors: West Virginia DNR’s K-9 teams fill many roles Wood County Commissioners hear budget requests Parkersburg News and Sentinel Job Fair set for Friday.

Tingler for trial when a summons was issued for the December 2, trial. However, that summons was returned on November 29,indicating that Mr.

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Tingler had not been found. Shepherd's malicious wounding trial was ultimately continued until March 24,a date approximately four months after the latest summons was issued and returned. Despite this lengthy time span, Parkesrburg State failed to even request the issuance of a subpoena for the final trial. We believe that the State should Parkersburg West Virginia a good friend, at the very least, sought a subpoena for Mr.

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Tingler for the trial on March 24, On this record, it was not shown that a diligent search was made to find Mr. Tingler and to procure his attendance at the March 24, trial.

See footnote 6 Accordingly, the admission of Mr. Tingler's preliminary hearing testimony was reversible error. Reversed and remanded.