Brenda Cook v. West Virginia

I. Has the Petitioner’s Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated when the court erred in allowing juror, Victor Owens, who called the Petitioner a “murderer” in 2011 in reference to State v. Cook, 204 W. Va. 591, 515 S.E.2d 127 (1999) to remain on the jury when an alternate juror was available and had never been excused from the jury at the time of the Petitioner’s objection? II. Has the Petitioner’s Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated when the court erred in allowing the juror, Victor Owens, to omit in voir dire questioning that he had prejudicial knowledge of the Petitioner, Brenda Cook and the Petitioner’s witness Frank Brent? III. Has the Petitioner’s Fifth, Sixth, and Fourteenth Amendment right to an impartial jury been violated when the court denied the Petitioner’s attorney’s request the biased juror, Victor Owens, approach the bench for questioning? IV. Has the Petitioner’s Fourteenth Amendment right to due process been violated when the court erred by allowing the State to introduce 404(b) evidence but disallowed the Petitioner’s 404(b) rebuttal evidence? V. Has the Petitioner’s Fourteenth Amendment right to due process been violated when the court erred in not allowing the Petitioner’s Expert Witness, Craig Corkrean, to testify at the trial even though the Circuit Court agreed at the Discovery Hearing four months prior to the trial that the Expert Witness would be allowed to testify? Page | ii