Results

The following is a sample of favorable results that Jeremy Cooper has obtained for his clients:

• Obtained writ of prohibition from Supreme Court of Appeals of West Virginia ("SCAWV") on behalf of foster parents to prevent change of custody, with matter remanded for further proceedings on permanent placement.  State ex rel. D.B. v. Bedell (Harrison County, WV)

• Obtained writ of prohibition from SCAWV on behalf of a sovereign tribe requiring the transfer of the case to tribal court, and upholding the broad application of the Indian Child Welfare Act in  West Virginia.  State ex rel. the Delaware Tribe of Indians v. Nowicki-Eldridge  (Boone County, WV)

• New trial granted by the Superior Court of Pennsylvania in a sexual abuse case as a result of improperly admitted expert testimony.  Commonwealth v. Merringer (Somerset County, PA)

• New trial granted by Superior Court of Pennsylvania in a drug delivery and racketeering case based upon insufficient counsel waiver colloquy.  Commonwealth v. Griffin  (Huntingdon County, PA)

• Reversal by SCAWV of a lower court ruling denying the right to a de novo bench trial on appeal after a pro se guilty plea in magistrate court.  State v. Folse (Monongalia County, WV)

• Partial reversal by SCAWV for dismissal of conspiracy conviction and sentence as a result of duplicative conspiracy counts in indictment.  State v. Gray (Mineral County, WV)

• Reversal by SCAWV of 100 year determinate sentence for imposition of lawful sentence resulting in parole eligibility ten years earlier.  State v. Tusing (Preston County, WV)

• Reversal by SCAWV of lower court rulings upholding a license suspension for DUI based on total lack of evidence that appellant consumed any drugs or alcohol.  Casto v. Frazier (Kanawha County, WV)

• Reversal by SCAWV of abuse adjudication and termination of parental rights based upon trial court's violation of jurisdicitional issue arising from UCCJEA.  In Re: A.T., A.T., and B.T. (Berkeley County, WV)

• Reversal by SCAWV on appeal of denial of habeas relief on false blood evidence claim due to lack of sufficient factual findings by the circuit court.  Knotts v. Ames (Preston County, WV)

• Reversal by SCAWV on appeal of an order terminating parental rights based on a violation of due process.  In Re: H.T.  (Grant County, WV)

• Reversal by United States Court of Appeals for the Third Circuit, with remand for evidentiary hearing in appeal of denial of 28 U.S.C. § 2255 Motion to Vacate.  USA v. Jeffrey Valenta (Western District of Pennsylvania)

• Reversal by SCAWV on appeal of a lifetime restraining order imposed upon a defendant at sentencing.  State vs. Tewalt (Preston County, WV)

• Reversal by SCAWV on appeal of recidivist life sentence for failure to register as a sex offender on direct appeal.  State vs. Hoyle (Randolph County, WV)

• Affirmance by SCAWV on appeal of declaratory judgment action preventing mineral lessors from being forced into pooling arrangements.  Ascent Resources - Marcellus, LLC vs. Huffman, et al.  (Tyler County, WV)

• Reversal by SCAWV on appeal by parents of grandparent visitation order, with remand for further proceedings.  In Re: Adoption of L.A. (Hampshire County, WV)

• Obtained judgment of acquittal at jury trial for client facing multiple counts of sexual assault.  (Tucker County, WV)

• New trial granted in PCRA proceeding on murder conviction and other charges based on ineffective assistance.  (Fayette County, PA)

• Not Guilty verdict at jury trial for client facing life in prison for sexual assault.  (Tucker County, WV)

• Not Guilty verdict at jury trial for client facing multiple counts of fraud.  (Randolph County, WV)

• Not Guilty verdict at jury trial for failure to register as a sex offender.  (Hardy County, WV)

• Not Guilty verdict at jury trial for client facing charges of harboring a vicious dog.  (Randolph County, WV)

• Resolved murder indictment with plea of not guilty by reason of mental illness.  (Tucker County, WV)

• Resolved double murder indictment with two counts of accessory after the fact.  (Mineral County, WV)

• Immediate discharge following resolution of state habeas case for client who had served four years out of maximum 75-year sentence for delivery of controlled substances.  (Hampshire County, WV)

• Dismissal with prejudice before trial of eight-count indictment for possession of obscene material depicting minors, and conspiracy.  (Tucker County, WV)

• Obtained correction of illegal sentence by applying correct prior version of statute, reducing minimum sentence by 15 years.  (Mineral County, WV)

• Resolved six count sexual abuse indictment with single misdemeanor plea requiring no registration as sex offender.  (Grant County, WV)

• Obtained new trial on felony conviction in PCRA proceeding based on insufficient jury-waiver colloquy.  (Cambria County, PA)

• Resolved multiple-count sexual abuse indictment with deferred adjudication resulting in no conviction.  (Tucker County, WV)

• Indictment for abduction, sexual assault, and possession of obscene material depicting minors resolved with client serving only probation.  (Randolph County, WV)

• Dismissal of abuse and neglect petition with immediate reunification of children and parents over objection of the state.  (Grant County, WV)

• Overturning the application of a PA mandatory-minimum statutory sentence on post-sentence motions.  (Mercer County, PA)

• Obtained reinstatement of state habeas rights by demonstrating ineffective assistance of prior habeas counsel.  (Preston County, WV)

• Obtained dismissal of indictment for strangulation and domestic battery before trial.  (Preston County, WV)

• Resolved indictment for kidnapping and attempted murder with plea agreement leading only to home confinement.  (Preston County, WV)

• Dismissal of recidivist information filed against client.  (Preston County, WV)

• Multiple felony count indictment for display of obscene matter to minors resolved with misdemeanor plea.   (Randolph County, WV)

• Dismissal before trial of felony indictment for failure to register as a sex offender.  (Tucker County, WV)

• Resolution of felony destruction of property case on eve of trial with misdemeanor plea requiring no jail time.  (Randolph County, WV)

• Negotiation of pre-trial diversion for 20+ felony counts of forgery and uttering.  (Randolph County, WV)

• Obtained dismissal of felony bad check case pre-indictment.  (Randolph County, WV)

• Reduction of a constitutionally disproportionate sentence by 35 years in a post-conviction habeas proceeding.  (Ohio County, WV)

Please be aware that your case may differ from these cases in ways that make it difficult or impossible to achieve the same result. It is also possible that the same strategy or approach may work in one case, but lead to a negative outcome in another.  Criminal cases are difficult and high-stakes, and there is a reason that two million Americans are presently incarcerated.  Criminal charges can and do result in disaster for defendants on a regular basis.  Coming out on top is never a sure thing.  Results cannot be guaranteed in any case, but Attorney Cooper can guarantee that he will zealously and creatively seek out the best possible resolution of your case in the trial court, the appellate court, or post-conviction.