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State v. McCraine5/16/2003
us points four and five of Nichols, provides that, after a request for bifurcation is made by a defendant, a trial court is to conduct a hearing at which the defendant carries the burden of producing satisfactory evidence to constitute a meritorious claim which defeats the validity of a prior conviction.
The decision regarding the bifurcation request is within the trial court's discretion. 208 W.Va. at 434-35, 541 S.E.2d at 312-13.
Nichols did not present us with the clear opportunity to consider the application of the announced procedure, although we had occasion to reflect and comment on it to some degree in State v. Hulbert, 209 W.Va. 217, 544 S.E.2d 919 (2001). In Hulbert we recognized that Nichols established that prior convictions constitute status elements of offenses such as third offense domestic assault or domestic battery and as elements of the charged offense are proven as part of the guilt/innocence stage of a trial. We observed that "[u]nder longstanding rules of criminal law, the burden of alleging and proving each element of a criminal offense beyond a reasonable doubt rests with the state and may not be shifted to the defendant." 209 W.Va. at 227, 544 S.E.2d at 929 (citations omitted).
The present case raises a related concern involving the Nichols procedure. In essence, if a criminal defendant wishes to garner the benefit of bifurcation, he or she shoulders the burden of going forward with evidence in advance of the State presenting its case. Consequently, the bifurcation procedure provides the State with the advantage of previewing the criminal defendant's evidence on a material element and denies the defendant a fair trial based on the principles of our criminal justice system. Such a result was not foreseen in Nichols, as our expressed intention in establishing the procedure was to avoid the impression "that a defendant is being forced to stipulate to a prior conviction status element." 208 W.Va. at 446, 541 S.E.2d at 324. However, the practical result of the bifurcation procedure set forth in Nichols does little to eliminate this impression since it poses such a significant disincentive to the defendant who wishes to obtain a bifurcated proceeding in these cases. Defining what constitutes a meritorious claim as suggested by Appellant would not remedy the problem. Therefore, the Nichols bifurcation procedure as it relates to challenges to prior convictions requires alteration so as to honor the criminal defendant's right to a fair trial. We remain firm in our belief that a criminal defendant charged with a status element offense who wishes to contest the validity of a prior conviction should have the opportunity to do so in a bifurcated proceeding so as to allay the enhanced risk of prejudice presented by unitary trial. Consequently, we hold that a trial court must grant bifurcation in all cases tried before a jury in which a criminal defendant seeks to contest the validity of an alleged prior conviction as a status element and timely requests that the jury consider the issue of prior conviction separately from the issue of the underlying charge. To the extent that our decision in State v. Nichols, 208 W.Va. 432, 541 S.E.2d 310 (1999), conflicts with this holding it is hereby modified.
In reaching this decision, we realize that bifurcated trials may appear less efficient than other alternatives and pose an additional demand on the time of our busy trial courts. However, as this Court stated in State v. LaRock, 196 W.Va. 294, 470 S.E.2d 613 (1996): "[E]fficiency cannot be permitted to prevail at the expense of justice. The obligation of the courts to deliver justice is paramount . . . ." Id. at 314, 470 S.E.2d at 633. We also appreciate the relatively short period of
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