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No. 35472 - State of West Virginia v. Donald Lee Longerbeam

FILED
November 22, 2010

Workman, Justice, dissenting:

RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

The Appellant was the victim's fifty-five-year-old uncle who, along with his wife, was called to the home where their three underage nieces were alone. When the adults arrived, they entered the victim's home without knocking. The Appellant's wife asked the children to come downstairs and the children complied with her directive. Moreover, the sixteen-year-old sister who the majority characterizes as being "in charge" of the victim was actually sleeping at the time the Appellant arrived and, therefore, was not actively watching her sisters.

The Appellant was convicted of one count of sexual abuse by a parent, guardian, custodian, or person in a position of trust to a child in violation of West Virginia Code

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West Virginia Law