March 11, 2014
CHARLESTON, W.Va. (AP) -- The West Virginia Supreme Court has reversed a decision to grant a new trial for a man convicted of participating in the 1995 killing of a gas station worker during a robbery in Bluefield.
A Greenbrier County judge overturned David Lee Hurt's conviction last year, ruling his counsel at trial was ineffective.
Hurt was convicted in July 1998. He was accused of acting as a lookout when Freddie Lester was fatally shot during a robbery at a Rich Oil gas station.
The state's high court Friday found that the lawyer's failure to tell Hurt that he did not have to testify was not a violation of his constitutional rights.
The Charleston Gazette reports that the justices also said Hurt's decision to testify likely did not affect the trial's outcome.