Sept. 5, 2008
West Virginia Supreme Court Grants Harden’s First Degree Murder Appeal
Refuses to Determine if Step Grandfather Applies on Incest Statute
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) –- Tanya Harden, convicted in May 2007 by a Cabell County jury of killing her husband Danuel Harden, has been granted an appeal of her First Degree Murder conviction. Her husband died at the couple’s Culloden home in 2004.
Harden contends that the court improperly allowed the admission of irrelevant and gruesome photographs, failure to rebut her self-defense claim, admission of speculative evidence, improper jury instruction regarding lost or destroyed evidence, failure to excuse a juror for cause, and that her attorney had been improperly ordered to not object to the State’s closing argument.
The jury deliberated nine hours before finding her guilty and recommending mercy.
At trial, the defense maintained she shot her husband in self-defense following a domestic dispute; the prosecution contended that the shooting occurred hours after the argument.
She is serving life in prison with mercy and will be eligible for parole in 15 years.
Among other cases granted appeal:
Share This Story:
Make HNN Your Homepage (IE Users Only)
West Virginia Supreme Court Grants Harden’s First Degree Murder Appeal
Refuses to Determine if Step Grandfather Applies on Incest Statute
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) –- Tanya Harden, convicted in May 2007 by a Cabell County jury of killing her husband Danuel Harden, has been granted an appeal of her First Degree Murder conviction. Her husband died at the couple’s Culloden home in 2004.
Harden contends that the court improperly allowed the admission of irrelevant and gruesome photographs, failure to rebut her self-defense claim, admission of speculative evidence, improper jury instruction regarding lost or destroyed evidence, failure to excuse a juror for cause, and that her attorney had been improperly ordered to not object to the State’s closing argument.
The jury deliberated nine hours before finding her guilty and recommending mercy.
At trial, the defense maintained she shot her husband in self-defense following a domestic dispute; the prosecution contended that the shooting occurred hours after the argument.
She is serving life in prison with mercy and will be eligible for parole in 15 years.
Among other cases granted appeal:
- Victor T. Peoples v. WVHRC, Sue J. Erps and William G. Erps in which an administrative law judge concluded that the defendants’ business, Improvements Unlimited, subjected Peoples to a hostile work environment, racial discrimination and a retaliatory discharge for filing the complaintThe court also refused to consider the appeal of Paul Lamar Cochran who pleaded guilty conditionally to incest but argued the definition under West Virginia Code is silent as to whether a “step” grandfather meets the definition of grandfather. Also refused, a petition from Robert Holcomb who contended that a life sentence under the recidivist statute after his conviction for Gross Child Neglect was untimely and the court did not suppress evidence obtained during a pre-textual traffic stop.
- Deborah K. White v. Mark A. White in which Mr. White asserts that the family court failed to follow proper procedures and without prior notification converted a temporary hearing into a final divorce hearing, entering the final divorce order the same day.
Share This Story:
Make HNN Your Homepage (IE Users Only)
