State v. Harden
West Virginia Supreme Court of Appeals
679 S.E.2d 628 (2009)
- Written by Carolyn Strutton, JD
Facts
Tanya Harden (defendant) shot and killed her husband, Danuel Harden, during a night when she suffered brutal domestic violence at his hands. Danuel beat Tanya severely with his fists and the butt of a shotgun, sexually assaulted her, and repeatedly threatened to kill her and her children, who were in the home at the time and aware of the ongoing violence. Tanya was charged with first-degree murder and claimed that she had acted in self-defense. At trial, the prosecution (plaintiff) claimed that a cooling-off period had occurred between the end of Danuel’s abuse of Tanya and when Tanya had shot Danuel, and that Danuel had been asleep or unconscious from intoxication on the couch when he was killed. Tanya testified that Danuel was still threatening to kill her and the children when she shot him, immediately following the sexual assault after hours of physical abuse. Tanya was convicted of first-degree murder and sentenced to life imprisonment. Tanya appealed, alleging that the state had failed to prove beyond a reasonable doubt that she had not acted in self-defense.
Rule of Law
Issue
Holding and Reasoning (Ketchum, J.)
Dissent (Benjamin, C.J.)
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