On 21 January 1988, Paul Ferrell rented a mobile home off of the Bismark Road. In February 2001, the West Virginia governor commuted his sentence, which made him eligible for parole. The trial judge gave an instruction equating "good and substantial doubt" with "reasonable doubt." Around the time he started working for the sheriff's department, Ferrell rented a trailer off of Bismarck Road, just outside of Gormania. What percentage of the population has a blood type A? 2d 319, 66 Cal. Witnesses placed him at a phone booth outside of the magistrates' office at the Mount Storm Fire Hall on the day Cathy vanished. Her body has never been found and no one had ever seen her with Ferrell. In State v. Woodall, supra, we stated the general proposition that statistical probability evidence is admissible with respect to blood analysis evidence.[9]. 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. Reconnect with William Ferrell by joining our alumni site today. Id. Get free summaries of new Supreme Court of Appeals of West Virginia opinions delivered to your inbox! (XI.) 521, 789 P.2d 1386 (1990), in which the defendant was tried on charges of attempted kidnapping and attempted sexual assault after approaching a thirteen-year-old girl and offering her money to enter his vehicle to help him search for a lost dog. In light of the overwhelming evidence on the murder and arson charges we find no reversible error. at ___, 382 S.E.2d at 331. Paul Ferrell demonstrated concern about the disappearance of Cathy Ford. (XX.) Holland v. United States, 348 U.S. 121, 140, 75 S. Ct. 127, 138, 99 L. Ed. Ferrell was released pending an evidentiary hearing, but he was 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 prosecution needed to prove beyond a reasonable doubt that Mr. Ferrell used fraud to entice Ms. Ford to the area near his mobile home, for the purpose of gaining a "concession or advantage" in the form of sexual gratification. Kim Nelson lived in the trailer nearest Mr. Ferrell's trailer on the same driveway off of the Bismark Road, but did not know Paul Ferrell. A postal employee was asked by a caller to pick up a stranded mail carrier on Bismarck Road, near Ferrell's trailer. The majority agrees that it was error for the prosecution to elicit from F.B.I. Bernard also found a note in his pants pocket about a couple "setting up someone" by using a false identification card. books on sex. Ferril, Ferrel, et al.) He also said that smoke from some unexplained source had been spotted near it. . denied, 445 U.S. 904, 100 S. Ct. 1081, 63 L. Ed. March 26, 2022. He was afraid because Ms. Ford was last seen heading in the direction of Mt. Despite the prior intimate relationship between the defendant and the victim, we held that there was "no evidence of any overt act or statement indicating that the defendant was sexually motivated to remove [the victim] from [the] home." These calls, when considered in conjunction with the calls to local women, are probative, because they tend to prove that Mr. Ferrell used fraud to entice Cathy Ford to the area of his mobile home for the purpose of obtaining some sexual concession or advantage. On 2 March 1988, Cathy Ford's parents received a letter postmarked Pittsburgh, 29 February 1988. of the ordinary on the day in question. 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. He was told that a woman had been calling, asking for him. On the element of enticement, the jury's determination from the overwhelming evidence that Cathy Ford was killed in Paul Ferrell's mobile home, combined with the phone call to Cathy Ford concerning the liquor investigation, could lead the jury reasonably to believe that Paul Ferrell told Cathy Ford something to get her to meet with him, and that she actually went to his trailer because of his fraudulent representations. Delbarton . In cases involving sexual offenses, for example, evidence that the defendant made obscene or suggestive telephone calls before or after the crime has been held to be admissible to show motive or intent or to identify the defendant as the perpetrator of the offense. They were the parents of at least 3 sons and 2 daughters. The samples proved to be those of a woman. Also known as Bill J Farell, Wm T Farrell, W Farrell, Wiliam Farrel, William T Sarrell. [5] The defendant inconsistently numbers his assignments of error throughout his brief. He also got the case Check back often as we continue to add more. 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. It is perhaps an understatement to say that body language interpretation is novel and not generally accepted as a means of proving guilt. Enclosed with the letter was the sum of two hundred dollars in twenty dollar bills. 163 W.Va. at 515, 261 S.E.2d at 63. He wrote that Ferrell's On March 11, the FBI searched the area. You're all set! Sometime between 10:30 and 11:00 on Wednesday, 17 February 1988 (the day the victim disappeared), the magistrate and her assistant observed Mr. Ferrell using the public pay phone outside of the office. "A. 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. Top 3 Results for Paul Ferrell in WV. the found blood look like that of Ford's. Ferrell saw Darvin twice that day; once outside the restaurant. An FBI agent testified that while giving Ferrell a hypothetical scenario [7] In State v. Weaver, ___ W.Va. ___, 382 S.E.2d 327 (1989), this court noted that "kidnapping was so broadly defined, virtually any movement or detention of a person during the commission of another crime fell within the kidnapping statute." In 1957, Jim returned home to help "grow" Ferrell Excavating, a business started by his father in 1932. She has not been seen since. Between 28 September 1987 and late November 1987, several women in Grant County, West Virginia and nearby Garrett County, Maryland received unusual phone calls from a man who directed them to various locations near Paul Ferrell's trailer on the Bayard-Wilson-Corona Road, including the trailer itself and a garage building near the trailer. Many are still certain that Ferrell is guilty. Huntington, West Virginia, is the capital of America's opioid epidemic. West Virginia Waltz. Ferrell Cemetery Roane Co. WV Located Vicars - approximately 1/2 mile west of Vicars Post Office, off of Flat Fork, just below Harmony - Harper District Source ---- Roane County, West Virginia Cemeteries - 1983 Read by -- Carol Fouty -- 08 Nov 1980 Anderson, Judy Ann 1951-1967 Asbury, Clifford "Jake" 1926-1962 s/o Ella Asbury Cunningham Booth . Box 13757 Charleston, WV 25360 Dana Ferrell Biography. City State. A man then drove out in a light blue car. Directly across the river from the Bronco, and running parallel to the Bismark Road, ran the Cherry Ridge Road. However, we cannot conclude that the defendant was prejudiced by the trial court's decision on that point. Trusted by millions of genealogists since 2003 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 All sentences were to run consecutively. However, the carrier's route did not take him to that area, so the employee hung up. State v. Ferrell Atty. FBI agents found traces of blood under a newly laid carpet in Ferrell's [1] [2] Farrell spent his first few years in Morgantown, West Virginia before moving to Huntington. The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. She also claimed that prior to the trial she signed a statement typed up by prosecutors without reading it. mick tucker death; when is the route 40 yard sale 2021 At 1pm, she received a phone call; the caller claimed to be a magistrate and said that the sheriff's department was cracking down on bars and restaurants about selling alcohol to minors. [6] The testing process also destroyed the samples, leaving the defendant with no opportunity to have the test results verified. We note that this Court in Dolin also gave the defendant the right to request and receive a limiting instruction on evidence such as the phone calls involved here. One employee testified that she heard heavier breathing as the conversation went on, and said "[i]t was like the *841 anticipation of hearing." By 1850, approximately half of Kanawha County's slaves worked in the salt industrymany mined coal to fuel the furnaces. was burned elsewhere because there was no scorching on the vegetation 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). The defendant became enraged, broke into the man's house, and took the girl with him against her will. In short, both instructions do not misstate the law in any way that hurts the defendant. [2] We dismiss the following assignments of error as not fairly raised: (IV.) When she went to talk to the waitress that looked like Cathy, she ran back into the kitchen. William "Bill" Ferrell. He was surrounded by his daughter and his Pastor. ], chapter sixty-two of this Code, shall not be eligible for parole: provided, That the jury may, in their discretion, recommend mercy, and if such recommendation is added to their verdict, such person shall be eligible for parole in accordance with the provisions of said article twelve: Provided, however, That if the accused pleads guilty, the court may, in its discretion, provide that such person shall be eligible for parole in accordance with the provisions of said article twelve, and, if the court so provides, such person shall be eligible for parole in accordance with the provisions of said article twelve in the same manner and with like effect as if such person had been found guilty by the verdict of a jury and the jury had recommended mercy: Provided further the person against whom the offense is committed is returned, or is permitted to return, alive, without bodily harm having been inflicted upon him, but after ransom, money or other thing, or any concession or advantage of any sort has been paid or yielded, the punishment shall be confinement in the penitentiary for any term of years not less than twenty: And provided further, That in all cases where the person against whom the offense is committed is returned, or is permitted to return, alive, without bodily harm having been inflicted upon him, but without ransom, money or other thing, or any concession or advantage of any sort having been paid or yielded, the punishment shall be confinement in the penitentiary for any term of years not less than ten. Mr. Ferrell had the same motive in calling young women, including the victim, and enticing them to secluded areas near his trailer. Id., at 395, 242 S.E.2d at 471. The court said that "each challenged instruction of this general sort must be assessed in its particular context to determine whether by itself it so infected the trial that due process was denied." Saint Johnsbury, VT (05819) Today. Id., at 1277. Meaning of Ferrell. 1825 IRE in Turnberry, Ontario 1881. Syllabus point 2, Id. The West Virginia Rules of Evidence now provide in Rule 404(b): Rule 404(b) states essentially the same rule that we pronounced in Thomas, supra. This proof never arrived. The party seeking to impeach blood test evidence is free to cross-examine the proponent's experts and offer experts of his own to discredit the conduct of the tests and the underlying statistical probabilities.". The evidence at trial revealed that approximately twenty samples of what appeared to be bloodstains taken from the defendant's home and from Cathy Ford's vehicle were analyzed. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. Paul Ferrell then told Ms. Moreland, regarding the search scheduled for the following day, to search any place except the Bismark and the Cherry Ridge Roads. However, DNA testing could not provide a positive match. While doing so, he said that he observed signs of guilt through Ferrell's body language. E.g., Ballweg v. State, 158 Ga.App. *843 Once a jury convicts a defendant, he bears a heavy burden on appeal. There was insufficient evidence of arson and homicide, therefore, the verdict must be set aside. They continued until the time Cathy vanished. However, this Court went on to say that, "if the state had been able to demonstrate that this had any reasonable bearing upon the intensity of the emotional relationship and, therefore, upon the strength of the motive, it would have been admissible testimony." Amelia Ferrell Knisely said she had been warned to stop reporting on . Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. 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. Between 1880 and 1920, southern West Virginia's population grew from 93,000 to 446,000, due almost entirely to the coal industry. Select this result to view Martha Comisky Ferrell's phone number, address, and more. Id., at 394, 242 S.E.2d at 471. Yet, this was the very premise on which the State built its case. Supreme Court of Appeals of West Virginia. Buy Tickets And View The Schedule For Zach Williams At West Virginia State Fair from Box Office Ticket Sales! James Morton Callahan. A Grant County magistrate is usually on duty at a satellite office in the Mt. Ferrell continues to maintain his innocence. After graduating from the University of Notre Dame with a bachelor's degree in government in 1994, Paul Farrell attended a West Virginia University (WVU) football game with his father, Judge Paul Farrell. There is nothing in the record to indicate that other women in the area had been abducted for sexual purposes during the period in which the telephone calls to the bookstore were made or that the defendant had ever attempted to coerce anyone to engage in the sexual practices described in the phone calls. When she asked him about it, he mentioned that someone from the liquor board was going around and trying to get places to sell liquor to minors; this is what the caller mentioned when talking to Cathy. Barbour: 1843 - 1849, 1853 - 1969 Berkeley: 1780 - 1856, 1858, 1862 - 1970 Boone: 1865 - 1968 Braxton: 1836 - 1847, 1865 - 1967 Brooke: 1797, 1799 - 1833, 1835 - 1971 Cabell: 1809 - 1968 Calhoun: 1856 - 1969 . Gen.'s Office, Charleston, Dennis V. DiBenedetto, Pros. classification and properties of elementary particles v. Ferrell never testified on his own behalf. The court found sufficient evidence to support the convictions based on several sexually suggestive remarks the defendant had previously made about the victim to third persons. At the time, Farrell was considering which law school he would attend. (X.) Decided July 24, 1990. Although the phone call evidence was prejudicial to the murder and arson charges, it was admissible in the State's effort to prove the kidnapping charge. Id., at 130. Mr. Ferrell was not lying when he said the evidence was on those roads. 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. Select this result to view Paul William Ferrell's phone number, address, and more. The people who found the Bronco knew to look there because they heard that smoke was seen hanging over the river on 17 February 1988. History of West Virginia, Old and New, James Morton Callahan. Aaron Tippin Bonnaroo Buzzfest CeCe Winans Coachella Fishfest . In 1994, Ferrell was released from prison while the Supreme Court reviewed this case. The State charged the defendant, among other things, with abduction, an offense which requires proof of a sexual motivation. Unbeknownst to Bernard, he was seeing another woman, Cathy Ford. Huntington, West Virginia: New Douglass-Huntington High School Alumni and Classmates that have joined: Teresa McClain class of '56 Cheryl Minor class of '68 ___ W.Va. at ___, 399 S.E.2d at 841. Although Cathy has never been found, it is assumed that she is deceased. From 14 September 1987 to 27 November 1987, Paul Ferrell rented a mobile home on the Bayard-Wilson-Corona Road. Dissenting Opinion of Justice MILLER December 19, 1990. The New Our Bodies, Ourselves, Simon and Schuster (New York, 1985). 2d 828 (1984), the Fourth Circuit addressed a similar problem, in a case involving a West Virginia prisoner. Rehearing Denied Nov. 8, 1990. States in the 20th Century. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. The letter said: Richard Williams, an FBI handwriting expert, testified that the letter and its envelope were both in Paul Ferrell's handwriting. At most, the evidence demonstrated to the jury that the defendant had a propensity to commit the crimes charges because he is a "bad" man. No witness ever saw the defendant with her. This site is protected by reCAPTCHA and the Google, Supreme Court of Appeals of West Virginia, Supreme Court of Appeals of West Virginia Decisions. Ford. 117, 379 S.E.2d 469 (1989), the defendant was convicted of murder and abduction. He often tried to get a female employee to read to him from pages 177 and 178 of The New Our Bodies, Ourselves. However, David Ferrell, defendant's brother, told Ms. Bernard that he knew nothing about that, and that if Paul had had an affair with Ms. Ford, he would have known something. The crimes charged were heinous, the evidence entirely circumstantial, and what better place for a jury to repose confidence than in an F.B.I. That number comes from a resiliency plan developed by the city, which lays out how money would be spent if awarded. The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. However, Bernard and his landlady both claimed that they had not seen stains or noticed a foul odor coming from the carpet. [Intro] A F#m A F#m D E A [Verse 1] A D A In coal mining country, green rolling hills A E A Where my true love is waiting he loves me A D A I had to go my rambling ways A E A I'm always thinking of him, the sweet love we made [Chorus] F#m The last time I saw him A F#m We did the West Virginia Waltz A F#m The West Virginia Waltz D E A No . (XVII.) Dissenting Opinion of Justice MILLER December 19, 1990. . What percentage of the population has a blood type A and are secretors? The court had also instructed the jury that the State must overcome the presumption of innocence by proof beyond a reasonable doubt, so the standard of proof was clear. . 576, 281 S.E.2d 319 (1981); Blanton v. State, 150 Ga.App. On the same day that Ms. Ford disappeared, two other women received telephone calls from a man purporting to be a magistrate. 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. 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. Paul William Ferrell, a rookie sheriff's deputy, was convicted of the murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. 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. [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 +). However, the issue was clearly raised by motion in limine prior to trial. OF COUNSELPaul Farrell, Jr. Paul Farrell, Jr. serves as of counsel for the McHugh Fuller Law Group's opiate litigation practice. WMOT 89.5 - Nashville. He sometimes joins with his challenge to the admissibility of the phone calls on anal sex, a contention that excerpts from the book The New Our Bodies, Ourselves, supra, should not have been admitted for the jury to read. When the questions combine the genetic markers to elicit smaller probability answers, the fundamental premise is that the markers came from a common blood source. Mr. Ferrell also argues that he cannot be convicted of kidnapping if he is convicted of murder, because the kidnapping would be only incidental to the murder. Details: Former Deputy Sheriff Paul Ferrell was convicted of murdering nineteen-year-old Gorman, Maryland resident Cathy Ford; he maintains that he is innocent. 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. [3] That is the very result the rule seeks to prevent. 1. The calls were similar to those made earlier in which a man had directed young women to the Bayard-Wilson-Corona Road. He attended Marshall College and was a member of the US Army Reserve from 1958 through 1964. They have also lived in Alexandria, VA and Washington, PA. Martha is related to Margaret Janice Ann Hively and Joseph William Ferrell as well as 2 additional people. See also State v. Miller, ___ W.Va. at ___ n. 3, 336 S.E.2d at 914 n. 3. Without such an initial showing, our cases are clear that the test results should not be admitted. When he called the number, Cathy answered. The police obtained a search warrant, and on 19 March a police search of Mr. Ferrell's mobile home revealed tiny splatters of blood in various places on walls, mirrors, and the ceiling of the bedroom. The appeals court noted that the sentence to which objection was made was "not intended as a complete statement in itself of all the elements of the crime charged," and that other parts of the court's charge resolved any possible ambiguity. However, fearing that her body was inside, he did not tell anyone about it. When another waitress came over to them, she asked what the husband felt was a strange question for a restaurant off of a freeway: "You seem to be strangers here, where are you from?" 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. 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. Male 31 December 1914-16 May 1969 GMDJ . The jury is competent to determine the meaning of such everyday non-verbal communication, and Agent Curtis should not have been allowed to add an expert opinion. Gen., Atty. Cathy Ford has never been found, although she is assumed dead. It was smoked by someone with a blood type not inconsistent with her parents. WHITE SULPHUR SPRINGS, W.Va. (AP) Winners of the 2021 Virginias Associated Press Broadcasters Awards were announced Saturday at the Awards Banquet and Annual Membership Meeting at The Greenbrier Resort in White Sulphur Springs, West Virginia. According to investigators, the women had one thing in common: they all knew Ferrell. 497, 438 P.2d 33 (1968), the defendants were an inter-racial couple. It is apparent that at any point along the way the salesperson could have terminated these voluntary activities by hanging up or by advising the caller that it was not customary to read books over the telephone. blood to be that of a woman, but DNA tests could not match the blood to The State contends that the evidence of the phone calls was probative because it established motive, intent, and common plan or scheme, and that the evidence was essential to prove the charge of kidnapping. His current term ends on December 1, 2024. At the beginning of the general charge, the court cautioned the jury that they were not there to judge the defendant for crimes that were not charged in that proceeding. From 1 February 1988 to 17 February 1988, several young women in the area received strange calls in which a man purporting to be someone other than Paul Ferrell directed them to the area near Mr. Ferrell's trailer along the Bismark Road. F.B.I. STATE of West Virginia v. Paul William FERRELL. Extra Notes: This case first aired on the September 25, 1992 episode of Final Appeal: From the Files of Unsolved Mysteries. He continues to maintain that he is innocent. Bedford [now Fulton] County, Pennsylvania, 29 January 1817; d. Maywood, Kansas, 18 September 1891) mathematical geophysics. exposure on Montel Williams and Unsolved Mysteries. I must disagree with the majority's conclusions regarding the admissibility of the evidence relating to the telephone calls to the various bookstores. She also claimed that Maryland prosecutors pressured her to testify to what was written in the statement. The Gormania route, however, would not take the carrier to those roads. He grew up here, went off to college, and returned home. Private investigator and author Martin Yant helped expose the case by The information accessed through the use of this website may not be used to threaten, intimidate or harass registered sex offenders and violations of law will be investigated by the West Virginia State Police. Definition of Ferrell in the Definitions.net dictionary. We found public records for William Ferrell in VA. . Case: Appeal See also, U.S. v. Merryman, 630 F.2d 780 (10th Cir.1980) (evidence of other bad acts was admissible to rebut defendant's claim of mistake or lack of knowledge or intent); U.S. v. Thomas, 632 F.2d 837 (10th Cir.1980) (evidence that one defendant made a death threat growing out of a theft of narcotics was admissible to prove that he was a leader of the drug conspiracy). Supreme Court of Appeals of West Virginia.
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