West Virginia

Eyewitness Identification Reform

West Virginia law requires that all law enforcement agencies have a written policy guiding eyewitness identification protocols. It also suggests that all lineups a should be conducted using blind administration, sequential presentation, witness instructions, confidence statements, appropriate filler photo usage, recordation (written/video) of the entire procedure, and that show-ups be performed only in exigent circumstances (using live or photo lineup). Law enforcement agencies covering more than two-thirds of the state’s population have adopted policies that comport with the law’s recommended scientifically-supported best practices. Effective: 2007; Amended most recently: 2013.

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List of West Virginia law enforcement agencies in compliance

Recording of Interrogations

West Virginia has no state law requiring recorded interrogations.

Post Conviction DNA Testing

A person convicted of a felony currently serving a term of imprisonment may file a motion for post-conviction DNA testing at any time. Effective: 2004.

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Evidence Preservation

West Virginia has no state law requiring preservation of evidence.

Exoneree Compensation

If the wrongfully convicted person "did not by his own conduct cause or bring about his conviction," he will be awarded damages that the court deems will "fairly and reasonably compensate him." He must file the claim within two years of the pardon or dismissal. Effective: 1987; Amended most recently: 2013.

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