WEST VIRGINIA'S WRONGFULLY CONVICTED ANDY MCCAULEY
FILES MANDAMUS TO COMPEL JUDGE TO APPOINT COUNSEL
TO CONDUCT ADDITIONAL DNA TESTING TO PROVE INNOCENCE. I HAVE CALLED MORGAN COUNTY COURT AND IT WAS CONFIRMED THAT JUDGE MCLAUGHIN HAS RECEIVED HER COPY OF THE MOTION . THE SUPREME COURT AND ATTORNEY GENERAL ALSO HAVE THEIR COPIES AND WILL WILL ORDER HER To RESPOND 😉
Andy McCauley was wrongfully convicted of murder in the Morgan County West Virginia circuit court and oral arguments are being scheduled in the West Virginia Supreme Court on the issue of his being convicted with insufficient evidence, a legal Unicron, Mr. McCauley has made a showing of the claim being taken seriously by The Supremes, Oral arguments are rarely, if ever granted on insufficient evidence.
Andy McCauley filed a perfected motion in the circuit court six months ago with Judge McLaughlin seeking the appointment of Counsel to conduct additional DNA testing pursuant to WV CODE 15-2B-14 which has good he without review or considerations, More alarming is Judge McLaughlin's approaching Andy's Appellate lawyer with directions to inform !r. McCauley that he was not allowed to file any pleadings in the circuit court, This stands in clear violation of the State and United States Constitution's and has caused concerns throughout the legal community.
Under WV CODE 15-2B-14 Right to DNA Testing a convicted person may request the appointment of Counsel to conduct additional DNA testing, The motion must provide a statement that the petitioner was not the perpetrator of the crime and that DNA testing is relevant to the assertion of innocence.
It goes on to outline that upon finding the petitioner is indigent with the inclusion of the required statement, The Court 'SHALL' appoint Counsel, Who shall investigate and is appropriate file a motion for additional DNA testing.
The motion must explain why the identity of the perpetrator was, or should have been pertinent to the case and explain in light of the evidence how the DNA testing would raise a reasonable probability that the petitioner's conviction would be more favorable if the results would have been available at the time of the conviction.
Andy McCauley had properly perfected the motion in entirety and submitted it to Judge McLaughlin who has allowed the action to languish without proper review or decision and now the matter has been presented to the West Virginia Supreme Court by a Petition for Writ of Mandamus seeking to compel Judge McLaughlin to provide the procedural due process in compliance to the WV Code of Judicial Conduct Canon 3(B) which mandates Judges make timely decisions in all matters properly filed before the courts.
Under WV CODE 15-2B-14 Right to DNA Testing a convicted person may request the appointment of Counsel to conduct additional DNA testing, The motion must provide a statement that the petitioner was not the perpetrator of the crime and that DNA testing is relevant to the assertion of innocence.
It goes on to outline that upon finding the petitioner is indigent with the inclusion of the required statement, The Court 'SHALL' appoint Counsel, Who shall investigate and is appropriate file a motion for additional DNA testing.
The motion must explain why the identity of the perpetrator was, or should have been pertinent to the case and explain in light of the evidence how the DNA testing would raise a reasonable probability that the petitioner's conviction would be more favorable if the results would have been available at the time of the conviction.
Andy McCauley had properly perfected the motion in entirety and submitted it to Judge McLaughlin who has allowed the action to languish without proper review or decision and now the matter has been presented to the West Virginia Supreme Court by a Petition for Writ of Mandamus seeking to compel Judge McLaughlin to provide the procedural due process in compliance to the WV Code of Judicial Conduct Canon 3(B) which mandates Judges make timely decisions in all matters properly filed before the courts.
Under WV CODE 15-2B-14 Right to DNA Testing a convicted person may request the appointment of Counsel to conduct additional DNA testing, The motion must provide a statement that the petitioner was not the perpetrator of the crime and that DNA testing is relevant to the assertion of innocence.
It goes on to outline that upon finding the petitioner is indigent with the inclusion of the required statement, The Court 'SHALL' appoint Counsel, Who shall investigate and is appropriate file a motion for additional DNA testing.
The motion must explain why the identity of the perpetrator was, or should have been pertinent to the case and explain in light of the evidence how the DNA testing would raise a reasonable probability that the petitioner's conviction would be more favorable if the results would have been available at the time of the conviction.
Andy McCauley had properly perfected the motion in entirety and submitted it to Judge McLaughlin who has allowed the action to languish without proper review or decision and now the matter has been presented to the West Virginia Supreme Court by a Petition for Writ of Mandamus seeking to compel Judge McLaughlin to provide the procedural due process in compliance to the WV Code of Judicial Conduct Canon 3(B) which mandates Judges make timely decisions in all matters properly filed before the courts.
This means Judge McLaughlin will be ordered to respond, and if she can, explain his she may remain inert in issuing a decision in the properly perfected motion for appointment of Counsel to conduct additional DNA testing, Obviously Judge McLaughlin cannot legally refuse to issue an order, What will happen is Judge McLaughlin will issue a decision and then provide a response to the Supreme Court stating the matter is moot, meaning no longer in dispute, by her issuing a decision in the matter.
Unfortunately Judge McLaughlin has forced Andy McCauley's hand, maintaining actual innocence and fighting for his freedom and the vindication of his namesake Andy McCauley filed the Mandamus seeking the appointment of qualified counsel to conduct additional DNA testing, Not only to prove Andy McCauley's innocence but to also identity the actual perpetrator of the murder which he was wrongfully convicted of with hearsay witnesses and insufficient evidence.
Importantly, No guilty person would motion any court to conduct additional DNA testing of the evidence found under a victims fingernails, More fantastical is WHY this material was NEVER TESTED in the first place, Obviously there is something very amis with this entire case.
N.P.A. stands with Andy McCauley in his fight for Justice, We will attend the Oral Arguments when scheduled and we will be promoting a Rally for Justice afterwards in West Virginia's Capital City Charleston West Virginia on the same day. N.P.A. members from across the country will be attending the oral arguments and Rally for Justice, California, Alabama, Ohio, Washington D.C., Georgia are only a few of the States where members will be traveling from to attend Andy McCauley's Oral Arguments in a show of support of his wrongful murder conviction being overturned and the Rally for Justice will focus on the Wrongful Convictions that premiere on our official website, Andy McCauley, Jesse Dreyfuse, Robert Brown, Timothy McGruder, Jerome Harris, Mike Brown and others who are sitting being a cell door under a wrongful conviction are featured in the website and we are reviewing applications for advocacy assistance, promotions and education from every state by those who have an actual innocence claim.
Visit our official website at:
Listen to Voiceless Behind Bars True Crime Podcast on IHeartRadio hosted by Sarah DeArmond
Listen to Naked Truths Two Chic's on the Mic Podcast Hosted by Melissa Ann and Penelope Brown
National Public Awareness is accepting applications from every state for advocacy assistance, promotion and education to those with an actual innocence claim, anyone can fill out an online application on our website.
*National Public Awareness Will NOT Accept or Review ANY applications submitted by ANY sex offenders*
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