[9] In Woodall, ___ W.Va. at ___, 385 S.E.2d at 261-62, we stated: "Blood type and enzyme tests have general scientific acceptance, and the distribution of particular blood traits in the population is ascertainable. *851 The defendant does not challenge the scientific basis of the bloodstain and saliva analyses or of the DNA testing. 570, 783 P.2d 531 (1989), review allowed, 309 Or. "Q Agent Lynch, what percent of the population has a PGM of 1 + 2 +, an EAP of BA, and an HP of 1? paris romeo and juliet paul rudd; how tall is sarah waddingham; wagner ring cycle performances 2022; how many yellow cards before suspension in scottish football; carne de puerco es mala para diabeticos; paul william ferrell west virginia. Her body The court had already correctly instructed the jury that it could choose between two verdicts, "guilty" and "not guilty" so that the distinction was clear. Thus the jury was given the figure of 10,000 to 1 odds the defendants were guilty. A mix of clouds and sun. State v. Wyant, ___ W.Va. ___, 328 S.E.2d 174 (1985); State v. Kopa, ___ W.Va. ___, 311 S.E.2d 412 (1983). William Ferrell, who landed in Washington County . The trial court erred in not properly advising the petitioner in accordance with the Neuman instructions. See also State v. Banjoman, ___ W.Va. ___, 359 S.E.2d 331 (1987); State v. Thompson, ___ W.Va. ___, 342 S.E.2d 268 (1986); State v. Tanner, ___ W.Va. ___, 301 S.E.2d 160 (1982); State v. Church, 168 W.Va. 408, 284 S.E.2d 897 (1981); State v. Haverty, 165 W.Va. 164, 267 S.E.2d 727 (1980). 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. On 25 March 1988, police found a wristwatch of the type given to Ms. Ford by her father, near a small burn area behind Mr. Ferrell's mobile home. The court said: The point the court was making benefited the defendant, but making the point concisely without using the word "innocence" to contrast with the word "guilt" would have been difficult linguistically without involved convolutions distinguishing "guilty" from alternatives like "failure to prove guilt beyond a reasonable doubt," etc. According to him, they had been engaged in an on-again, off-again affair since fall 1987. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. (XV.) Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . The Gormania route, however, would not take the carrier to those roads. In Syllabus point 3 of State v. Starkey, supra, this Court said: *846 Like the instruction in that case, the instruction to which Paul Ferrell objects does not change the burden of proof. In short, both instructions do not misstate the law in any way that hurts the defendant. An in camera hearing on evidence such as the phone calls involved here is required by State v. Dolin, ___ W.Va. ___, 347 S.E.2d 208 (1986). The third result is Martha E Ferrell age 80+ in Gandeeville, WV. Along with the "crank sex" phone calls, Ferrell apparently made several other calls to women in the weeks preceding Cathy's disappearance. 2d 137 (1985). Updated: September 26, 2013 Paul Ferrell made a regular practice of posing as someone else while calling people on the phone to get them to do his bidding. Agent Curtis testified that as he was verbally presenting the scenario, Mr. Ferrell was nodding. Perhaps in an attempt to explain why he was obsessed, he told Ms. Bernard that he knew Cathy Ford well, and that they had been intimate about a year before he met Ms. Bernard. FBI agents found traces of blood under a newly laid carpet in Ferrell's [7] The tests demonstrated that Cathy Ford's father had Type O blood and carried the following genetic markers: PGM type 1 + 2 +; EAP type BA; Hp type 1. Both wanted to keep the relationship secret from Bernard and Cathy's boyfriend, Darvin Moon. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . Special Education, Marshall University Affiliations Aldersgate UMC PPRC Committee Chair; Poca Valley Bank Advisory . Huntington, West Virginia: New Douglass-Huntington High School Alumni and Classmates that have joined: Teresa McClain class of '56 Cheryl Minor class of '68 Paul William Ferrell, a rookie sheriff's deputy, was convicted of the She has a 1995 bachelor's degree in Journalism from West Virginia University. The FBI was able to identify some of the blood as human, and the blood type was not inconsistent with blood of a child of the victim's parents. In State v. Miller, ___ W.Va. ___, 336 S.E.2d 910 (1985), this Court held that *844 one limit that must be placed on the broad scope of the kidnapping statute is that, "a kidnapping has not been committed when it is incidental to another crime." To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. Although Cathy has never been found, it is assumed that she is deceased. Judge Paul T. Farrell Sixth Judicial Circuit (Cabell County) . A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. Ferrell located Cathy's burned-out car less than two hundred yards away from his trailer. All of the recipients were attractive women between the ages of nineteen and thirty-nine. Another person whom the "doctor" called testified that the caller noticed when the employee missed a paragraph on page 177, and asked if she would go back and read it. Research Farrell in the Surnames forums on Genealogy.com, the new GenForum! [3] Indeed, in closing argument, the prosecution stated that the telephone calls demonstrated that the defendant had a "perverse or somewhat abnormal attitude" and that he was "depraved of heart and mind.". From the room in Mr. Ferrell's family store in which his telephone was located, Mr. Ferrell could see people come and go from the post office, and could also see Ms. Knotts' residence. Last Name. 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). I am authorized to state that Justice McHUGH joins me in this dissent. There were many Ferrell patriots in the American Revolution, the rosters of the "Southern Campaigns of The American Revolution . My review of the law of other jurisdictions reveals no case in which evidence of this nature, which did not clearly demonstrate some nexus to the offense charged, was admitted under the precepts of W.Va. R.Evid. After Cathy Ford's disappearance, it came out that several other young women in the area of Grant County, West Virginia, and Garrett County, Maryland also received phone calls directing them to secluded areas. I believe it was error to permit the State's blood expert to testify with regard to the genetic markers as they relate to the parents' blood and to the statistical probabilities when combined. Moreover, one can only assume that the majority's reference to "[in]voluntary providers of sexual gratification" is intended to describe the salespersons who took the telephone calls at the bookstores. told me that he was a sicko, and that he needed to be put away. After William Ferrell in Virginia: 47 records available . He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. Rehearing Denied November 8, 1990. Contrary to the majority's assertion, none of the women who had received telephone calls similar to those received by Cathy Ford on the day she disappeared could positively identify the defendant as the caller. When Ms. Bernard asked Paul Ferrell about the note later, he seemed concerned, and explained that someone from the liquor board was going around to various places in the area trying to get them to sell liquor to minors, and that the note had something to do with that.[3]. That number comes from a resiliency plan developed by the city, which lays out how money would be spent if awarded. Agent Curtis his opinion that the defendant's body language demonstrated his guilt of the crimes charged. Paul Thomas Farrell Jr. was born to Judge Paul Thomas Farrell and Charlene Marie Linsenmeyer on July 1, 1972. Syllabus point 1 of State v. Smith, 169 W.Va. 750, 289 S.E.2d 478 (1982), this Court stated: The trial court could have corrected whatever problem there might have been in the charge, if asked to do so. The calls simply prove elements essential to the kidnapping case, namely motive and intent, and also tend to show a common plan or scheme." Ferrell said the trailer was eight years old, had been occupied by However, she later stated that she wasn't sure if it was him. The court found that the challenged expressions were more accurate when viewed in context than when viewed in "artificial isolation," and were not likely to "mislead the jury into finding no reasonable doubt when there was some." Paul Ferrell Grant County, West Virginia Date of Alleged Crime: February 17, 1988. She also claimed that Maryland prosecutors pressured her to testify to what was written in the statement. 9011 Assistant Prosecuting Attorney Cabell County Courthouse 750 Fifth Ave., Suite 350 Huntington, West Virginia 25701 Counsel for Petitioner LH-122280 12-30;2021;1-6;2022 Paul William Johnson. After testing for the same genetic markers, Agent Lynch testified that the bloodstains analyzed in the course of the police investigation could have come from an offspring of the Fords. Paul William Ferrell appeals his conviction before a jury of kidnapping, second degree murder and third degree arson. . STATE of West Virginia Agent Audrey Lynch, a forensic serologist, testified that her analysis of these samples demonstrated that one contained human protein, but could not be confirmed as containing blood, five contained blood which could not be confirmed as human, and the remainder contained human blood. Page 836 [184 W.Va. 125] Syllabus by the Court. Dana Ferrell (R - Kanawha, 060) CONTACT dana.ferrell@wvhouse.gov Capitol Office: Room 224E, Building 1 State Capitol Complex Charleston, WV 25305 Capitol Phone: (304) 340-3194 District: P.O. On examining the challenged sentence of the judge's charge to the jury in the context of the specific instructions and the general charge, we find that there was no error. Experts determined that the fire was deliberate arson. murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. A bloodstain on a paper towel taken from a trash bin in the defendant's living room or kitchen exhibited the serum protein haptoglobin (Hp type 1). Agent Lynch testified that the offspring of these two people would have to carry the Hp type 1 marker and that the other test results were not inconsistent with the characteristics that might be found in the blood of such offspring. 2. Evidence of Mr. Ferrell's motive for luring Cathy Ford to his trailer comes from the telephone calls he made to bookstores and libraries for sexual gratification. In addition, defendant did not object to the charge when given. . The telephone there was a private one listed in the name of the defendant, and he used this phone to make many of his unusual calls. ___ W.Va. at ___, 399 S.E.2d at 841. Educator, Business Owner, Developer Born April 17, 1961, in Charleston, West Virginia Parents David and Pauline Ferrell Spouse Tracy Ferrell Children Brooks Ferrell and Danica Ferrell Education A.A.S Business Management and Marketing, WVSU; B.S. In Miller, the facts showed that the defendant forced the victim to travel a not inconsequential distance, confined her behind a locked gate for a substantial period under threat of physical harm, before committing the separate offense of sexual assault. Extra Notes: This case first aired on the September 25, 1992 episode of Final Appeal: From the Files of Unsolved Mysteries. STATE of West Virginia v. Paul William FERRELL. This Court set out the standard in Syllabus point 1 of State v. Starkey, 161 W.Va. 517, 244 S.E.2d 219 (1978), where we said: Thus, it is with this standard in mind that we must consider defendant's assignment of error. Even the majority begins its opinion by acknowledging that this is a "difficult circumstantial evidence case." I must disagree with the majority's conclusions regarding the admissibility of the evidence relating to the telephone calls to the various bookstores. Journalist Martin Yant looked into this case and was able to locate two witnesses who claimed to have seen Cathy over a year after she vanished. *836 Daniel R. James, Barr & James, Keyser, for Paul W. Ferrell. The prosecution contends that the defendant, Paul Ferrell, used fraud to entice Ms. Ford into Grant County, West Virginia for the purpose of gaining a sexual concession or other advantage from her, and that Mr. Ferrell subsequently murdered Ms. Ford and disposed of her body, burning her vehicle to cover up the crime. When adopted, it was identical to FRE 404(b). Agent Curtis was testifying as an expert witness with regard to responses he observed before and after, but not during, a polygraph test that he administered to Mr. However, when his girlfriend, Cathy Bernard, visited his trailer on 14 February 1988, she had not noticed any stains on the master bedroom carpet, nor any strong odors. In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. Buy Tickets And View The Schedule For Zach Williams At West Virginia State Fair from Box Office Ticket Sales! After two years of home confinement, the court reaffirmed the convictions and he was returned to prison. His parole was granted in May 2004. Her sister's phone number was later found written on the cover of a phone book in the living quarters of Mr. Ferrell and his brother, above Ferrell's Mart in Gormania, West Virginia. There was insufficient evidence of arson and homicide, therefore, the verdict must be set aside. 150 (1954). As I have already remarked, there was simply no evidence to connect the telephone calls to the bookstores with the kidnapping of Cathy Ford. Death . ___ W.Va. at ___, 399 S.E.2d at 841. Dissenting Opinion of Justice MILLER December 19, 1990. All Cities (14) Roanoke (2) Broadway (1) Richmond (1) Chesapeake (1) Christiansbrg (1) Moneta (1) Salem (1) Many are still certain that Ferrell is guilty. Dana Ferrell ( Republican Party) is a member of the West Virginia House of Delegates, representing District 60. Male 31 December 1914-16 May 1969 GMDJ . exposure on Montel Williams and Unsolved Mysteries. . . State v. Woodall, supra; State v. Barker, ___ W.Va. ___, 366 S.E.2d 642 (1988); State v. Clawson, 165 W.Va. 588, 270 S.E.2d 659 (1980). Decided July 24, 1990. He married his high school sweetheart, Rebecca Ruth . The U.S. Supreme Court has refused to reconsider this case. This would render the evidence admissible under Rule 404(b) of the West Virginia Rules of Evidence. Denied,Articles, He then made another "stupid mistake": he sent an anonymous letter to the restaurant, claiming that she had run away and wanted her parents to know that she was safe. A concisely worded test of whether error is harmless was announced by this Court in State v. Davis, 153 W.Va. 742, 172 S.E.2d 569 (1970): We set out a more detailed test in Syllabus point 2, State v. Atkins, 163 W.Va. 502, 261 *845 S.E.2d 55 (1979), cert. His parents owned a general store; after serving in the military, he came home to help run it. On 11 March 1988, the police questioned Paul Ferrell, and after obtaining his written permission, searched his trailer. Research genealogy for William Ferrell of Augusta, Virginia, United States, as well as other members of the Ferrell family, on Ancestry. The most that could be said was that the blood was not inconsistent with that of Cathy's parents. Supreme Court of Appeals of West Virginia. Later that day, a man claiming to be an undercover officer called Ms. Ford with information concerning a possible investigation of her family's restaurant by the liquor licensing authorities. Dissenting Opinion of Justice MILLER Dec. 19, 1990. This case lacks even the circumstantial evidence that was present in State v. Hanna, supra, where the defendant's former live-in girlfriend had attempted to break off her relationship with the defendant and had begun dating another man. On 18 February 1988, Mr. Ferrell ripped out and burned the carpeting from the master bedroom of his trailer (mobile home), replacing it with new carpeting on the following day. In these calls, he posed as either a doctor, police officer, or a magistrate. Id., at 395, 242 S.E.2d at 471. In 2001, the Governor of West Virginia commuted Ferrell's sentence, which made him eligible for parole, which was granted in May of 2004. . The same distortion occurred in the statistical probability questions which are set out in note 8, supra. trailer as well as on the walls and ceiling. You already receive all suggested Justia Opinion Summary Newsletters. However, the carrier's route did not take him to that area, so the employee hung up. When questioned about the blood, Ferrell suggested that it may have been there from before he lived there. Without such an initial showing, our cases are clear that the test results should not be admitted. City State. [1] From these meager facts, the *847 majority concludes that "[t]he record shows that Paul Ferrell made numerous phone calls to bookstores and libraries, and that he regularly received sexual gratification from interaction with persons who were not voluntary providers of sexual gratification." SUBMITTED PHOTO. Tamela Kitzmiller testified that she thought the one who called her was Ferrell. Her coworker noticed that she was dressed up. About an hour and a half after the meeting, Paul Ferrell called Ms. Moreland and asked her if she could call off the search, at least for 48 hours, because the officers had found some solid evidence. U.S. v. Kerr, 778 F.2d 690 (11th Cir.1985), was a prosecution for mail fraud and conspiracy to commit mail fraud, based on the predicate crime of arson of a pharmacy. He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. WMOT 89.5 - Nashville. In each instance, the salesperson was asked to locate and to read certain passages over the telephone. An analogous situation arose in State v. Walters, 99 Or.App. Storm Fire Hall sometime between 10:00 and 3:00. He then asked women clerks to read the same sexually explicit passage. When Christopher Columbus Ferrell was born on 3 May 1873, in West Virginia, United States, his father, David Music Ferrell, was 23 and his mother, Elizabeth Susan Jones, was 20. State v. Ferrell Ferrell Cemetery Spencer, Roane County, West Virginia. In Atkins, we discussed at length some of the practical factors to consider in determining whether the identified error should be deemed harmless, including the principle that where the case "is basically a circumstantial evidence case, there is an increased probability that the error will be deemed prejudicial." Listen to 'Long Time Coming': https://found.ee . (VII.) The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. None of the salespersons who testified were able to identify the defendant as the caller. ___ W.Va. at ___, 399 S.E.2d at 837. Mr. Farrell is co-lead of MDL2804, National Prescription Opiate Litigation, and represents 700+ communities across the United States in the largest and most complex case in history. Select this result to view Paul William Ferrell's phone number, address, and more. In the case before us, however, it is highly unlikely that Paul Ferrell enticed Cathy Ford to his trailer exclusively in order to kill her; rather the jury could have reasonably believed that he enticed her to his trailer in order to commit the offense of rape, an offense with which he was not charged. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. A young woman who testified that it was Mr. Ferrell who had called her, said that he had asked for her sister's phone number at work. The court then laid out the test, "[i]n deciding whether the acts that technically constitute kidnapping were incidental to another crime, courts examine the length of time the victim was held or moved, the distance the victim was forced to move, the location and environment of the place the victim was detained, and the exposure of the victim to an increased risk of harm." Paul William FERRELL. jose munoz death tulsa ok; jobs at arsenal training ground; scotiabank priority pass registration The trial court erred in admitting into evidence forensic evidence from the "crime scene" which was not properly preserved thus constituting a denial of due process. Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. others, and might be stained by blood from a variety of sources. SB 268 places a "marriage . Her body has never been found and no one had ever seen her with Ferrell. Paul Farrell 7/15/12. . In reversing the conviction for attempted sexual assault, the court stated: Finally, in Stevens v. Commonwealth, 8 Va.App. Officer Defendants, Murder Bibliographic information. Business Education, WVSU; M.A. The magistrate told her assistant that the man talking on the phone outside was their new deputy sheriff. Enclosed with the letter was the sum of two hundred dollars in twenty dollar bills. The parents' blood was analyzed for the same markers as if they had come from a common source. about Cathy Ford's murder, he had observed signs of guilt in Ferrell's The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. The only evidence introduced by the State in this regard was a series of telephone calls to bookstores, placed from the defendant's telephone, in which a male caller asked the salesperson to read selected portions of a book describing anal sex practices. Based on the evidence, investigators believed that Cathy was dead and that she had been killed during a violent act. Judge Williams was an associate attorney at the law firm of Bowles Rice McDavid Graff & Love from 1991 to 1993, before . [6] A bloodstain taken from a floor joist of the defendant's bedroom showed the presence of phosphoglucomutase, a blood enzyme (PGM type 1 + 2 +). [1] The appellant assigns myriad errors, many of which are so obviously without merit that we find that they are not fairly raised. From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. Ms. Ford told her family and the restaurant employees to check identifications before selling beer, and then left the restaurant to meet with the alleged undercover officer. They also offered a reward for information. He had no idea that her parents had already called the police and reported her missing. Ferrell had been involved in a series of murders in Yellowstone Park. I believe this evidence was not relevant to the crimes charged and was, therefore, inadmissible. If, therefore, there was sufficient evidence from which the jury could find beyond a reasonable doubt that the defendant used fraud to entice Ms. Ford to his mobile home with the intent of gaining a concession or advantage from her, then his conviction must be affirmed. It must be recalled that the State's case here was entirely circumstantial. Case: Appeal Tyler County, West Virginia, USA. (IX.) On the day after Cathy vanished, Ferrell ripped out and burned the carpet in the master bedroom of his trailer. They A Grant County magistrate is usually on duty at a satellite office in the Mt. Ferrell appealed his conviction, claiming: there was insufficient evidence that she was dead, the body language testimony should not have been used, and the jury was not properly instructed. He won a $10 million landmark medical malpractice trial verdict in Monongalia County in Riggs v. West Virginia Univ. (XVIII.) In 1994, Ferrell was released from prison while the Supreme Court reviewed this case. The region's first coal miners primarily were African Americans, both enslaved and free. He was born exactly one day before his Phantom of the Paradise (1974) co-star William Finley . On 29 February 1988, Mr. Ferrell made a collect call from Uniontown, Pennsylvania to his girlfriend, Cathy Bernard, in which he asked her to call the Ford family to say Cathy Ford was alright. However, when a test is novel or not generally accepted, that circumstance alone meets the threshold requirement of rebutting any presumption of admissibility under Rule 702 and, therefore, with regard to tests that are not generally accepted the burden of proof that the test is reliable remains on the proponent.". Opening arguments started at about 9:30 a.m. with Paul Farrell Jr. representing the plaintiffs laying out their case. Ferrell never testified on his own behalf. the prosecution purportedly engaged in mathematical wizardry which made On March 19, FBI agents tore up a newly laid carpet in his master bedroom. It is important to note that eyewitness sightings of missing persons have often been proven to be false. 1. The caller posed as various people, including a doctor, a magistrate, a police officer, and a passing motorist. fibers. The commutation made Ferrell eligible for parole which he was Some of the locations were just a few hundred yards from his trailer. Bill was born July 29, 1922 in Charleston, West Virginia to Pearl Alberts Ferrell and Cecil Ira Ferrell who both have preceded him. This is particularly true in view of the highly prejudicial nature of such evidence. It is entirely possible that Mr. Ferrell was simply nodding to show that he was listening, and in no way agreed with what Agent Curtis was telling him. William Ferrell, SHRM-SCP, PHR Talent Acquisition Manager at Kearfott Corporation New York City Metropolitan Area. Consequently, because there was a lack of evidence to show that Cathy Ford was abducted for the purpose of obtaining some sexual advantage or concession, the kidnapping charge cannot, in my opinion, be sustained. Paul Farrell knows all about it. Ferrell believed that he was being accused of something. When police asked Mr. Ferrell about the calls, he told them that he had made such calls from his girlfriend's residence and from the living quarters above Ferrell's Mart.
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