Amy R. McClung, by counsel Scott E. Johnson, appeals the
Circuit Court of Greenbrier County's April 19, 2016,
order sentencing her to an indeterminate term of not less
than one nor more than five years of incarceration following
her unlawful assault conviction. Respondent State of West
Virginia, by counsel David A. Stackpole, filed a response. On
appeal, petitioner argues that the circuit court abused its
discretion by failing to quash the jury panel after a
prospective juror stated that he considered the assistant
prosecuting attorney representing the State to be honest.
Court has considered the parties' briefs and the record
on appeal. The facts and legal arguments are adequately
presented, and the decisional process would not be
significantly aided by oral argument. Upon consideration of
the standard of review, the briefs, and the record presented,
the Court finds no substantial question of law and no
prejudicial error. For these reasons, a memorandum decision
affirming the circuit court's order is appropriate under
Rule 21 of the Rules of Appellate Procedure.
February 3, 2015, petitioner was indicted on one count of
malicious assault. Petitioner's trial commenced on July
14, 2015. During voir dire, the following exchange ensued
between the circuit court and David Kirby, a prospective
THE COURT: . . . The State is represented by Pat Via,
who's the Prosecuting Attorney in this county, and Ryan
Blake, who is the Assistant Prosecuting Attorney. I think
everyone has seen him as he has stood. Anyone did not see his
face? In the back? Okay.
Are any of you related to him, by blood or marriage?
Do any of you have any business or social relationship with
him? Yes, sir.
MR. KIRBY: We attended high school together, graduated, were
in the band together.
THE COURT: Mr. Workman?
MR. KIRBY: Kirby.
THE COURT: Kirby, excuse me. So you were in the same class?
MR. KIRBY: Yeah, from seventh grade through high school
THE COURT: Were you close friends?
MR. KIRBY: Not close, but we were ...