Marijuana Grow House Charges Dismissed

T. C. was arrested with over 100 marijuana plants growing in his house in Morgantown, WV. The Federal Government arrested T. C. instituted forfeiture proceedings against his home and all of his personal wealth. They also held him without bail. After two lengthy bail hearings, and several written motions to suppress evidence, TC was released from custody and district court judge Irene Kealey granted Mills McDermott’s motion to suppress the evidence based upon the illegal search of TC’s home. This resulted in the dismissal of all criminal charges and the restoration of his home and his personal property.

West Virginia Supreme Court Overturns Illegal Sentence

S. H. had been given a 20 year sentence in the West Virginia state penitentiary when his family hired Mills McDermott to contest the legality of the West Virginia circuit court’s sentencing procedure. After submitting written briefs and appearing before the West Virginia state Court & arguing the case, the West Virginia Supreme Court ordered the circuit court decision be reversed, the sentence vacated, and S. H. released.

Jury Finds Man Not Guilty of Murder

J. J. had been charged with first degree murder for allegedly shooting his cousin in the back at least three times. He faced life without mercy in the West Virginia state penitentiary. After a two week jury trial, highlighted by Kevin Mills cross examination of renown forensic expert Dr. Henry Lee who had been hired by the state to testify against J. J., the jury returned a verdict of not-guilty in under one hour.

DUI Case Verdict of Not-Guilty

J. F. was arrested for driving under the influence of alcohol. The case seemed open and shut, because of the evidence regarding his BAC and the allegations made by the arresting police officer. There was also a video of the arrest. However, in pre-trial motions, the BAC was found not to be accurate and was excluded from the trial. The trial featured a frame by frame viewing of the video that was alleged to show J. F.’s intoxication, but instead was used to clear him when the jury returned a verdict of not-guilty.

Post-Conviction Cases

The criminal defense law firm of Mills McDermott handles many types of postconviction representation including rule 35 sentence modification, direct appeal to the West Virginia and United States supreme courts and habeas corpus proceedings in state and federal courts

USA v Harvey
1985 4th circuit federal court of appeals – Argument regarding the issue of marital privilege based on common law marriage.

State v Hutchinson
1989 West Virginia Supreme Court reversed and illegal sentence overturned and ordered that the defendant to be re-sentenced.

USA v Trageser
1994 United States Supreme Court challenge to robbery conviction denied.

State v Lough
1995 West Virginia Supreme Court of Appeals set aside 20 year sentence and remanded case. Defendant was released with time served.

State ex rel Wilkes v Rojas
1995 West Virginia court of appeals halted trial after an emergency stay filed by Kevin Mills was granted. Reversed circuit court and established the right in West Virginia for indigents to obtain expert services from public defender funding while still hiring the attorney of their choice. Trial resumed with proper expert assistance of renown forensic scientist Cyril Wecht and the Mills McDermott firm won an acquittal from the jury on first degree murder charge. Defendant released.

State v. Sowers
1999- West Virginia Supreme Court of appeals reversed a forfeiture of Mrs. Sowers home by the state based on her being an innocent owner. She was given the tittle back to her home.

USA v Charles Keith
2001 4th circuit federal court of appeals challenge to improper guideline sentencing.

State v Callahan
2001 – West Virginia Supreme Court of appeals reversed circuit court ruling defendant had waived his right to jury trial. Established that the right to jury trial must be voluntarily and knowingly waived by a defendant in a criminal case. Defendant had DUI charges dismissed against him.

USA v Phillips
2008 4th circuit court  of appeals reversed a federal sentencing and remanded the case to the district court for re-sentencing.

State v Hutzler
2008 litigated double jeopardy clause.conviction affirmed.

State v. Stephens
Appeal of circuit denial of Rule 35 re-sentencing. Defendant released on parole.

USA  v McAllister
2010 reversed in part a challenge to federal sentencing guidelines appeal waiver  provision.

State ex rel Boggs v Ballard
2016 habeas corpus reversed on grounds that circuit court had erred in not awarding the hearing requested by defendant to prove ineffective assistance of trial counsel.