Cases

State of West Virginia v. Daniel Scruggs

Case Number:
19-0073
Case Date:
29-10-2019
Case Information:
QUESTIONS CERTIFIED BY THE CIRCUIT COURT OF JEFFERSON COUNTY Certified Question No. 1: Whether a jury must decide those facts that in all kidnapping cases must result in a lesser (or greater) sentence? Certified Question No. 2: Whether, in the absence of a constitutional requirement that special interrogatories be submitted to a jury in a kidnapping case, a trial court exceeds its legitimate authority and abuses its discretion in submitting special interrogatories for the jury’s determination of whether the victim was returned unharmed, and if so, at what juncture?