With more felony cases recently added to the dockets of Calhoun County Circuit Court, Calhoun citizens are not without justifiable concern over the time restraints on Prosecution.
In the matter of State of West Virginia Vs. Jacob McCumbers, 25-M07F-00038, the case was filed on September 13th, 2025 with McCumbers facing 50 counts of Sexual Abuse by a Parent or Custodian. The September term of Court was already underway, and many assumed that the case would be presented for indictment in the January 2026 term. Due to the transfer of Prosecutors, (with Michael Hicks requesting recusal) and Doddridge County Prosecutor, Betsy Coffey not coming into the picture until later, a no show defense attorney at the first Preliminary Hearing, and the preliminary hearing was delayed until November 4th, 2025. At that time Magistrate Tamara Milhoan, filling in for recused Calhoun Magistrates found probable cause to send the case forward to Calhoun Circuit Court.
Once there, it stalled out again when the Doddridge County Prosecutor had a conflict of scheduling and the case has yet to be to be presented to a Grand Jury.
P.A. Coffey stated that she did not want to announce the Grand Jury date for McCumbers for fear of Grand Jurors knowing and searching for case information, jading their opinions.
In West Virginia, if a felony case is not prosecuted in a timely manner, specifically if three regular terms of court pass without a trial after an indictment, the defendant is entitled to be forever discharged from prosecution, per West Virginia Code §62-3-21. This applies regardless of reasons like witness issues or temporary insanity,
Key West Virginia laws regarding delays:
- Three Term Rule (§62-3-21): A person must be tried within three regular terms of court after the indictment is found.
- Indictment Delay (§62-2-12): A person in jail must be indicted before the end of the second term of court, or they are discharged from imprisonment.
- Speedy Trial Rights: While the above are statutory rules, constitutional speedy trial rights may still apply if the court does not meet the “three-term” requirement.
- Exceptions: Delays caused by the defendant (e.g., insanity, fleeing, or asking for a continuance) do not count towards this time.
Consequences of Delay
- Dismissal: If the case violates the three-term rule, the indictment must be dismissed with prejudice, meaning it cannot be refiled.
- Release from Jail: If not indicted within the timeframes of §62-2-12, the person is released from jail, though the charges may not necessarily be dismissed. Virginia Code (.gov) +1
If a case is dismissed due to these reasons, the defendant may be eligible to have the record of the charge removed through expungement under West Virginia law.
The law divides “timely prosecution” into two main stages: before and after an indictment is found.
- Pre-Indictment (Failure to Indict):
- A person held in jail must be discharged from imprisonment if they are not indicted before the end of the second regular term of court at which they are held to answer.
- According to W. Va. Code § 62-2-12, a defendant cannot be held in jail for more than three regular grand jury terms without being indicted.
- Post-Indictment (The Three-Term Rule):
- Under W. Va. Code § 62-3-21, any person charged with a felony must be “forever discharged from prosecution” if three regular terms of court pass after the term in which the indictment was found without a trial.
- The term in which the indictment is returned is not counted toward the three terms. West Virginia Code (.gov) +6
Exceptions to the Rule
The three-term rule does not apply if the delay is caused by the defendant’s actions (e.g., insanity, fleeing, or requesting a continuance) or by specific external factors like a hung jury, unavailable witnesses, or unavoidable accidents.
Additional Procedural Deadlines
- Initial Appearance: Must occur “without unnecessary delay,” generally interpreted as a prompt proceeding following arrest.
Will this create a concern with the McCumbers case? It should not so long as a Grand Jury is convened within or before the next term of Court which is May 6th, 2026.
Based on these statutory rules, the specific term start dates for 2025 and 2026 are as follows:
| Term | 2025 Dates | 2026 Dates |
|---|---|---|
| Winter/Spring Term | Tuesday, January 28, 2025 | Tuesday, January 27, 2026 |
| Summer Term | Tuesday, May 6, 2025 | Tuesday, May 5, 2026 |
| Fall Term | Tuesday, September 2, 2025 | Tuesday, September 1, 2026 |
