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From Victor Nutter

By Staff | Nov 11, 2009

I am a wrongfully convicted man, within the West Virginia prison system, and the courts clearly know this-two circuit court judges and an ex-Supreme Court judge.

My direct appeal was denied (un-adjudicated), my Habeas Corpus appeal was denied (un-adjudicated), and two Writs of Prohibition denied (un-adjudicated).

The Judicial Investigation Commission is also in denial. These are clear and concise violations of the U.S. Constitution, West Virginia code, West Virginia statutes, and trial court rules of procedures-knowingly and willfully committed against me.

The courts own transcripts (three separate trials in one year!) that show that Judge Robert A. Waters of the 4th circuit refused proper limiting instructions in trials two and three, refused a proper lesser included offense instruction in trial two, then in reverse allowed it in trial three creating a double jeopardy issue, and most seriously gave a “change of venue” upon the verbal motions of the prosecutor, and received an administrative order to follow it into the 3rd circuit, usurping his judicial authority into Judge Robert Holland’s 3rd circuit, who was never recused! Also, Justice Elliott Maynard did not have the authority to give this administrative order. Also, I was never transferred to the Doddridge County 3rd Circuit, as prescribed by law. Also, the 3rd circuit prosecutor was to try this case. Never was he ever in the court room! I never sought, requested, or motioned for a change of venue.

I was acquitted in trial one in May of 1999, and had a hung jury in trial two in November of 1999. Why would I want a change of venue? No where was I ever asked or gave up my constitutional rights.

The complete court system knows my illegal conviction, as well as the Judicial Investigation Commission. But they all have absolute immunity! This is a clear case of the fox guarding the hen house!

There are many more violations throughout. I ask you, the people of West Virginia: Will you allow an innocent, wrongfully convicted man to remain in prison? Ten years is enough! Give me justice or give me death!


Victor Nutter #27562

Huttonsville, W.Va.