STATE v. TUSING

No. 21-0115.

875 S.E.2d 283 (2022)

STATE of West Virginia, Plaintiff Below, Respondent, v. Kelly Marie TUSING, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Filed: June 14, 2022.


Attorney(s) appearing for the Case

Jeremy B. Cooper, Esq. , Blackwater Law PLLC, Aspinwall, Pennsylvania, Counsel for Petitioner.

Patrick Morrisey, Esq. , Attorney General, Katherine M. Smith, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for Respondent.


In this case, the petitioner Kelly Marie Tusing ("the petitioner") appeals from her conviction in the Circuit Court of Preston County, West Virginia, on one count of death of a child by parent, custodian, or guardian by child abuse, W. Va. Code § 61-8D-2a(a) (2017).1 She raises five issues, two...

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