My review of the law of other jurisdictions reveals no case in which evidence of this nature, which did not clearly demonstrate some nexus to the offense charged, was admitted under the precepts of W.Va. R.Evid. Supreme Court of Appeals of West Virginia. Syllabus point 2, Id. Paul Ferrell could reach the spot where the Bronco was burned without going to a main road. He also got the case rensselaer county police blotter 2020; Sndico Procurador . 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. She told Maryland prosecutors that she had heard screams coming from it on several different occasions, both before and after he had moved there. Instead, the defendant challenges the conclusions of Agent Lynch, asserting that it was error to allow her to testify, in effect, that the bloodstains found at the defendant's trailer could have come from Cathy Ford based on her analysis of the victim's parents' blood and to offer statistical analysis as to the percentage of the population with the same genetic markers revealed by the analysis. 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. Ferril, Ferrel, et al.) The trial record is completely barren of any effort on the part of the State to make the threshold demonstration that the interpretation of body language has become recognized in the scientific community. Traces of saliva found on the filter demonstrated that the smoker had been a Type A secretor. tour dates. Because of the highly prejudicial nature of the evidence, I believe its admission at trial was reversible error. On 18 February 1988, Mr. Ferrell ripped out and burned the carpeting from the master bedroom of his trailer (mobile home), replacing it with new carpeting on the following day. In these calls, he posed as either a doctor, police officer, or a magistrate. On Sunday, 21 February 1988, Ms. Bernard, before washing Paul Ferrell's clothes, found in a pocket a note that dealt with two people posing as a young couple and setting someone up by using a fake *839 identification card. claiming that the prosecution convinced her to testify by telling her that 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. When she went to talk to the waitress that looked like Cathy, she ran back into the kitchen. Reconnect with William Ferrell by joining our alumni site today. The prosecution wanted to show that he had a split personality. William "Bill" Ferrell. William Jesse Ferrell. 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. Her body The defendant was not seen with Cathy Ford on or near the date of her disappearance, and her body had not been found at the time of trial. Ferrell will be eligible for parole in 2002. Special Education, Marshall University Affiliations Aldersgate UMC PPRC Committee Chair; Poca Valley Bank Advisory . In 1963, he and his brothers purchased the company, which serviced the coalfields and communities of southern West Virginia and surrounding areas. However, an FBI handwriting expert later proved in court that he did so. STATE of West Virginia v. Paul William FERRELL. She later recanted her testimony, [1] [2] Farrell spent his first few years in Morgantown, West Virginia before moving to Huntington. What percentage of the population has a blood type A and are secretors? His current term ends on December 1, 2024. 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. As previously pointed out, this is not the fact. Ferrell claimed that he did this because he wanted people to stop searching and didn't want them to find Cathy's car in his backyard. (IX.) He claimed that he waited there for twenty minutes, but she never showed up. Atty. He believes that she has been influenced by family and friends of Ferrell to try and recant her statement. Her body has never been found and no one had ever seen her with Ferrell. [4] Some employees read some of it to him, and others would not. 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. 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. [1] The appellant was sentenced to life imprisonment with mercy for kidnapping, five to eighteen years for second degree murder and one to three years for third degree arson. Witnesses placed him at a phone booth outside of the magistrates' office at the Mount Storm Fire Hall on the day Cathy vanished. Her sister's phone number was later found written on the cover of a phone book in the living quarters of Mr. Ferrell and his brother, above Ferrell's Mart in Gormania, West Virginia. Other women in the area had also received unusual anonymous phone calls from a man who asked them to meet him in various locations. 576, 281 S.E.2d 319 (1981); Blanton v. State, 150 Ga.App. at ___, 382 S.E.2d at 331. 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. History of West Virginia, Old and New, James Morton Callahan. . v. There are situations where an offense that would technically constitute kidnapping under our broadly worded statute cannot be considered a separate offense. In State v. Woodall, supra, we stated the general proposition that statistical probability evidence is admissible with respect to blood analysis evidence.[9]. Thus the jury was given the figure of 10,000 to 1 odds the defendants were guilty. reincarcerated for the crime in 1997. Paul William Johnson. I believe a similar flaw underlies the testimony of Agent Lynch in this case. After the game, the two took a walk through the WVU College of Law . The new post office had opened two days before, and did not yet have phone service, so Juanita Bosley, the regular postmistress asked the younger woman to fill in for her while she made telephone calls to various utility companies. Select this result to view Paul William Ferrell's phone number, address, and more. [1] From these meager facts, the *847 majority concludes that "[t]he record shows that Paul Ferrell made numerous phone calls to bookstores and libraries, and that he regularly received sexual gratification from interaction with persons who were not voluntary providers of sexual gratification." weapon, eyewitnesses, or physical evidence such as fingerprints, hair and Judge Paul T. Farrell Sixth Judicial Circuit (Cabell County) . A few days later, he called Bernard from Uniontown, Pennsylvania and asked her to call Cathy's family and tell them that she was all right. She graduated from the West Virginia University College of Law in 1999. . was burned elsewhere because there was no scorching on the vegetation The West Virginia Supreme Court rejected the appeal with a 3-2 vote. However, she later stated that she wasn't sure if it was him. He wrote that Ferrell's Farrell's Ice Cream Parlour was started at NW 21st Avenue in Portland, Oregon, by Bob Farrell and Ken McCarthy in 1963. Despite numerous interrogations, the defendant made no confession. Farrell's opening remarks lasted about an hour and a half followed by an . "Q What percent of the population has a Haptoglobin of 1? See State v. Fortner, ___ W.Va. ___, 387 S.E.2d 812 (1989); State v. Miller, ___ W.Va. ___, 336 S.E.2d 910 (1985). Page 836 [184 W.Va. 125] Syllabus by the Court. 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. Soon after the search, they found out that Mr. Ferrell had replaced the carpeting in the bedroom. Location: Gormania, West Virginia This site is protected by reCAPTCHA and the Google, Supreme Court of Appeals of West Virginia, Supreme Court of Appeals of West Virginia Decisions. On February 17, 1988, Cathy went to work at the Old Mill Restaurant, which was owned by her parents. Agent Curtis testified that as he was verbally presenting the scenario, Mr. Ferrell was nodding. All Cities (14) Roanoke (2) Broadway (1) Richmond (1) Chesapeake (1) Christiansbrg (1) Moneta (1) Salem (1) Extra Notes: This case first aired on the September 25, 1992 episode of Final Appeal: From the Files of Unsolved Mysteries. Carolyn Ferrell in West Virginia 27 people named Carolyn Ferrell found in Charleston, Huntington-Ashland and 6 other cities. Farrell would later graduate from University of Notre Dame in 1994 . Ferrell appealed his conviction, claiming: there was insufficient evidence that she was dead, the body language testimony should not have been used, and the jury was not properly instructed. U.S. v. Kerr, 778 F.2d 690 (11th Cir.1985), was a prosecution for mail fraud and conspiracy to commit mail fraud, based on the predicate crime of arson of a pharmacy. . We agree with defendant that it was improper for Agent Curtis to give expert testimony to the effect that Mr. Ferrell admitted guilt by nodding while Agent Curtis was speaking to him. Roger W. Tompkins, Atty. The court then laid out the test, "[i]n deciding whether the acts that technically constitute kidnapping were incidental to another crime, courts examine the length of time the victim was held or moved, the distance the victim was forced to move, the location and environment of the place the victim was detained, and the exposure of the victim to an increased risk of harm." Mr. Ferrell claimed that he did this because of dark stains and dead animal odor. Delbarton . 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. Because Cathy lived in Maryland and her car was found in West Virginia, police from both states investigated this case. 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. Moreover, the real question, left unanswered by the majority, is whether this evidence, if admissible, establishes an intent *848 or motive for the kidnapping. Ms. Nelson first learned the man's name when she recognized Paul Ferrell's picture in the newspaper after his arrest. The trial court erred by failing to conduct a proper Bamjoman [sic] hearing. In light of the overwhelming evidence on the murder and arson charges we find no reversible error. Supreme Court of Appeals of West Virginia. Also, a cigarette butt of the type smoked by Ms. Ford was found. When she asked who or what the investigation concerned, he would not tell her. The evidence presented by the State below lacks even this minimal factual basis to prove the element of intent essential to the kidnapping conviction. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . The Vital Research Records Project is placing Birth, Death, and Marriage certificates on-line. Ferrell continues to maintain his innocence. He lived in Gormania, West Virginia, which was just across the Potomac River from Gorman. They found no trace of her body or any evidence that proved she had been there. Although Cathy has never been found, it is assumed that she is deceased. 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. 404(b). 2d 319, 66 Cal. Real Name: Paul William Ferrell the prosecution purportedly engaged in mathematical wizardry which made The record shows that Paul Ferrell made numerous phone calls to bookstores and libraries, and that he regularly received sexual gratification from interaction with persons who were not voluntary providers of sexual gratification. 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. On 20 February 1988, when his girlfriend, Cathy Bernard, asked him if he had heard about Cathy Ford's disappearance, Paul Ferrell said that he had heard about it, that he knew who Ms. Ford was, and that he was afraid that people might suspect him or his brother of involvement in her disappearance. On 18 February 1988, Ms. Nelson saw the same man burning something out in back of Paul Ferrell's rented trailer. 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. 559, 258 S.E.2d 174 (1979); State v. Stephens, 708 S.W.2d 345 (Mo.App.1986). Also Mr. Ferrell's landlord had not noticed any stain or odors in the trailer on 21 January 1988. The record presents a picture of Mr. Ferrell as a man who regularly obtained sexual gratification from involuntary partners; in other words, the prosecution proved system, motive and intent. On March 19, FBI agents tore up a newly laid carpet in his master bedroom. To understand the significance of the phone calls, the jury would have had to know something about the subject of the calls. "A Approximately twenty-two percent of the population. State v. Woodall, supra; State v. Barker, ___ W.Va. ___, 366 S.E.2d 642 (1988); State v. Clawson, 165 W.Va. 588, 270 S.E.2d 659 (1980). giving her testimony, Kitzmiller says she waited for prosecutors to produce disappearance she heard banging, a gunshot, and a woman's scream coming Paul William Ferrell appeals his conviction before a jury of kidnapping, second degree murder and third degree arson. In State v. Sette, 161 W.Va. 384, 242 S.E.2d 464 (1978), a case involving the murder of a woman by her husband and his mistress, the prosecution presented evidence that as part of an extramarital relationship, the defendant husband and his *842 mistress had engaged in oral sex at a time when to do so was a felony. murder of Cathy Ford, a 19-year-old waitress from nearby Maryland. 1756 (1949), the Fourth Circuit addressed a case where the defendant isolated one sentence from the judge's charge to the jury. 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. Paul Ferrell in West Virginia. Date of Birth: April 17th, 1961 Atty., Petersburg, for State of W.Va. *835. Ferrell. The caller posed as various people, including a doctor, a magistrate, a police officer, and a passing motorist. William P Farrell, 54. He was the same age with Brian De Palma and William Finley when they made Phantom of the Paradise (1974). He had no idea that her parents had already called the police and reported her missing. However, the record shows that there was an in camera hearing on the phone calls to bookstores and libraries. [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 . [4] The Boston Women's Health Book Collective Staff. [8] As part of the interview, Agent Curtis presented the defendant with a scenario in which there were two Paul Ferrells, one that was a calm, rational individual, and another who acted emotionally, and struck out in anger at Cathy Ford. The trial court erred in not properly advising the petitioner in accordance with the Neuman instructions. Rehearing Denied Nov. 8, 1990. We found 14 records for people named William Ferrell in 13 cities in Virginia throughout Roanoke, Broadway, and 11 more cities! When adopted, it was identical to FRE 404(b). 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. William Ferrell, SHRM-SCP, PHR Talent Acquisition Manager at Kearfott Corporation New York City Metropolitan Area. 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. Research genealogy for William Ferrell of Augusta, Virginia, United States, as well as other members of the Ferrell family, on Ancestry. However, Bernard and his landlady both claimed that they had not seen stains or noticed a foul odor coming from the carpet. In court Ms. Nelson identified from a photograph that it was Paul Ferrell's car that she had observed departing. Prosecutor DiBenedetto denied that this "forcing" ever occurred. Unsolved Mysteries Wiki is a FANDOM TV Community. However, because of the small quantity available for test purposes, only one exhibit (Q 134) was found to contain more than one genetic marker. Bernard also found a note in his pants pocket about a couple "setting up someone" by using a false identification card. William Jesse Ferrell was called home to be with his Lord and Savior, Jesus Christ, on July 5, 2018. Mr. Farrell is widely recognized by his peers as a pioneer and authority on . Defendant contends that the trial court erred by instructing the jury that they were to determine the "guilt or innocence of the accused." These stains were extremely minute in quantity and only three were found to contain recognized genetic markers. In Stinnett v. U.S., 173 F.2d 129 (4th Cir.1949), cert. What does Ferrell mean? Ferrell believed that he was being accused of something. I cannot find this error to be harmless. Dissenting Opinion of Justice MILLER Dec. 19, 1990. There was insufficient evidence of arson and homicide, therefore, the verdict must be set aside. A witness, Tamela Kitzmiller, testified to having received an obscene phone While the majority relies on the harmless error rule set out in Syllabus Point 2 of State v. Atkins, 163 W.Va. 502, 261 S.E.2d 55 (1979), cert. exposure on Montel Williams and Unsolved Mysteries. July 29, 1922 - June 21, 2015. Filter by City. The State offered this evidence to prove that the kidnapping of Cathy Ford was sexually motivated. It is important to note that eyewitness sightings of missing persons have often been proven to be false. He watched the calamity unfold . Case: Appeal The samples proved to be those of a woman. He even enclosed $200 to pay for her ruined car. [8] The testimony at trial was as follows: "Q. When police asked Mr. Ferrell about the calls, he told them that he had made such calls from his girlfriend's residence and from the living quarters above Ferrell's Mart. It is entirely possible that Mr. Ferrell was simply nodding to show that he was listening, and in no way agreed with what Agent Curtis was telling him. Therefore, we find no reason that defendant cannot be convicted of the separate offenses of kidnapping and murder. 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. First Name. Moreover, one can only assume that the majority's reference to "[in]voluntary providers of sexual gratification" is intended to describe the salespersons who took the telephone calls at the bookstores. A witness described the robbers as a white woman and a black man who left the scene in a yellow car. We have recognized that proof of a motive or intent is an essential element of the crime of kidnapping. Blood was also found on a piece of material in a waste basket. 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. But in closing arguments, Farrell said the plaintiffs are seeking at least $1.7 billion. When questioned about the blood, Ferrell suggested that it may have been there from before he lived there. They are certain that she would have contacted them at some point. Agent Curtis was testifying as an expert witness with regard to responses he observed before and after, but not during, a polygraph test that he administered to Mr. Her coworker noticed that she was dressed up. told me that he was a sicko, and that he needed to be put away. After 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. Denied,Articles, There was no affirmative evidence of a sexual relationship between the defendant and the victim, and the medical examiner was unable to determine if she had been sexually assaulted due to the decomposition of the body. 117, 379 S.E.2d 469 (1989), the defendant was convicted of murder and abduction. this kind of evidence has been allowed to go to a jury. commuted Ferrell's sentence in Jan. 2001. Business Education, WVSU; M.A. Following her disappearance, Ferrell claimed that he feared being considered a suspect in this case. However, in State v. Hanna, ___ W.Va. ___, 378 S.E.2d 640 (1989), which also involved the kidnapping and disappearance of a young woman, this Court said, "[i]t is clear that kidnapping can be accomplished under our statute without force or compulsion since it uses terms such as `fraud', `decoy', `inveigle' or `entice away'". burned truck 75 yards from Ford's trailer home. History. SB 268 will result in a 26% premium increase for all active PEIA participants beginning July 1, 2023. As the trial progressed, the prosecution introduced rather "unorthodox" testimony. In Smith v. Bordenkircher, 718 F.2d 1273 (4th Cir.1983), cert. One employee testified that she heard heavier breathing as the conversation went on, and said "[i]t was like the *841 anticipation of hearing." Mr. George Ferrell, (b. how did glennon doyle and abby wambach meet; scorpio ascendant woman eyes; norwich council labour. 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. 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." On 20 March 1988, Paul Ferrell was arrested. 2. City State. He also said that smoke from some unexplained source had been spotted near it. Thus we conclude that Agent Curtis' opinion on the nodding, particularly when taken in the context of defense counsel's skillful cross-examination, had no prejudicial effect on the jury and the error committed was harmless. Listen to "West Virginia Waltz", from Sierra Ferrell's debut album 'Long Time Coming', out now. The trial court erred by allowing various witnesses to express the opinion that Cathy Ford is dead. Select this result to view Martha Comisky Ferrell's phone number, address, and more. . The best result we found for your search is Paul William Ferrell age 60s in Bridgeport, WV. The calls were similar to those made earlier in which a man had directed young women to the Bayard-Wilson-Corona Road. The majority, however, was undoubtedly not concerned with this point because it intended to conclude that the error was harmless, a result which borders on the absurd. The trial court failed to suppress the defendant's statement in violation of the defendant's fifth amendment right to remain silent. Indeed, this point was strenuously pointed out by defense counsel in cross-examination. On examining the challenged sentence of the judge's charge to the jury in the context of the specific instructions and the general charge, we find that there was no error. About a week after Cathy vanished, Ferrell told a volunteer searcher that she call off the search for 48 hours because police found "solid evidence". Decided July 24, 1990. After Laplace, Ferrel was the chief founder of the subject now known as geophysical fluid dynamics. As a resale marketplace, prices may be above face value Concerts Festivals Country Pop/Rock Hip Hop. after Ford's disappearance, her boyfriend, Darvin Moon, discovered her badly A DNA testing expert had previously testified that his analysis of exhibit Q 134 had revealed that the blood had come from a female. Id.[5]. The telephone there was a private one listed in the name of the defendant . Bill was born July 29, 1922 in Charleston, West Virginia to Pearl Alberts Ferrell and Cecil Ira Ferrell who both have preceded him. Id. None of the salespersons who testified were able to identify the defendant as the caller. Charlene Reinhart 12/28/12. A few days after that, he sent the anonymous letter to the restaurant. Ferrell Cemetery Spencer, Roane County, West Virginia. Title. books on sex. The cigarette was smoked by someone with a blood type also not inconsistent with Ms. Ford's parents. 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). According to him, she was crying and asking to see him. Both wanted to keep the relationship secret from Bernard and Cathy's boyfriend, Darvin Moon. Results: Unresolved. [1] The defendant did admit making several calls from a different phone. Almost seven hours later at 8:30pm, Ferrell joined friends at a local bowling alley. others, and might be stained by blood from a variety of sources. Mr. Ferrell claims that the prosecution failed to show that he used force on the victim, transported the victim, or confined her. *843 Once a jury convicts a defendant, he bears a heavy burden on appeal. Some time A postal employee was asked by a caller to pick up a stranded mail carrier on Bismarck Road, near Ferrell's trailer. On the morning of Wednesday, 17 February 1988, the victim, Catherine Ford, a resident of Maryland, received a call from a man claiming to be a magistrate at Mt. In State v. Miller, ___ W.Va. ___, 336 S.E.2d 910 (1985), this Court held that *844 one limit that must be placed on the broad scope of the kidnapping statute is that, "a kidnapping has not been committed when it is incidental to another crime." 19401. As an initial matter, I do not believe the majority's characterization of the facts is accurate. , West Virginia, USA; Burial Details Unknown . She drove off in her father's Silver Bronco and was never seen again. Cathy Ford's body was never found. Id., at 1277. [5] The defendant inconsistently numbers his assignments of error throughout his brief. Search West Virginia Death Records West Virginia Newspapers, Full Search (1791-1904), 35 titles West Virginia Obituary Search - (1999-current) West Virginia Funeral Notices . Gen., Atty. The region's first coal miners primarily were African Americans, both enslaved and free. [4] It is difficult to even conceive serious scientific consideration be given to such a subjective endeavor. He was sentenced to a minimum of fifteen years in prison. Mr. Ferrell claims that there was insufficient evidence to convict him of kidnapping. (XX.) *836 Daniel R. James, Barr & James, Keyser, for Paul W. Ferrell. Upon an examination of the context in which the phrase "guilt or innocence of the accused" was used, and considering the purpose of the instruction in which that phrase is to be found, we find that there was no error. Agent Lynch testified that the offspring of these two people would have to carry the Hp type 1 marker and that the other test results were not inconsistent with the characteristics that might be found in the blood of such offspring. . William Ferrell is a 1978 graduate of Douglass-Huntington High School in Huntington, West Virginia. March 26, 2022. E.g., Ballweg v. State, 158 Ga.App. He went into the woods near it to investigate. According to investigators, the women had one thing in common: they all knew Ferrell. Mared Malarik and Karen Ferrell were both . E.g., State v. Hanna, supra. [2] Having twisted the facts, it comes as no surprise to me that the majority would then twist the law. Volume 2 of History of West Virginia, Old and New: In One Volume, James Morton Callahan. ___ W.Va. at ___, 399 S.E.2d at 837. Cathy's family, however, does not believe that she is still alive. Paul Thomas Farrell Jr. was born to Judge Paul Thomas Farrell and Charlene Marie Linsenmeyer on July 1, 1972. See also State v. Miller, ___ W.Va. at ___ n. 3, 336 S.E.2d at 914 n. 3.