CHARLESTON — The West Virginia Supreme Court heard arguments Tuesday and will soon decide if a Raleigh County man convicted in the murder of his ex-girlfriend will receive a new trial.

Dallas Hughes, 25, was convicted in 2005, for the shooting death of 18-year-old Sasha Mitchell and locking her body in her apartment with her infant daughter.

Hughes was also convicted of giving false information to a police officer, wanton endangerment of a child and use of a firearm in the commission of a crime.

Defense attorney John Mize told the Supreme Court that three errors needed to be considered in determining whether Hughes would receive a new trial.

One such issue, Mize said was that Hughes’ trial attorneys were required to defend against both felony murder and premeditated murder during his trial even though the defendant had no notice of the felony murder charge.

Mize said Raleigh County Prosecutor Kristen Keller should have told the defense that she intended to pursue a felony murder charge.

Keller, however, told the court Tuesday that state law does not require the prosecution to announce a felony murder charge.

Keller said because of Hughes’ history of domestic violence and because the murder occurred during the commission of a felony (burglary), she presumed the defendant’s four defense attorneys would have considered the possibility of such a charge.

Although Mize said Keller should have made her intentions known, Chief Justice Robin Jean Davis disagreed saying, “She doesn’t have to according to our law,” she said. “It’s that simple.”

Mize also alleged that two women who served on the jury should have been stricken as, during jury selection, both said they believed that when someone is charged with a crime, they are more likely than not to be guilty.

Keller argued that citizens should believe that people arrested in general are likely guilty.

She also said neither juror knew anything about the case, and added Raleigh County Circuit Judge John Hutchison said during jury selection that defense counsel was attempting to confuse the jurors and to “elicit disqualifying answers.”

Mize also spoke of “cumulative” trial errors, arguing that a gun belonging to Hughes, which was not the murder weapon, should not have been mentioned in court.

Also, Mize said a voicemail message left on Hughes’ cell phone by the victim just an hour before her death should not have been admitted as evidence and played during the trial.

During the message, Mitchell asked Hughes if he was going to “shoot up” her apartment with her baby inside.

Another issue Mize raised was the admission of a taped jail phone conversation during which he talks with his grandmother and a witness/former girlfriend, who told prosecution he asked her to change her testimony.

Additionally, Mize alleged the prosecution “stymied” defense counsel’s efforts in speaking with many of the state’s key witnesses, particularly former Raleigh County Sheriff’s Deputy Keith Harold.

Mize said Harold had been subpoenaed by the defense, but Keller told him he did not have to answer.

Keller, however, told the court that the defense never issued any valid subpoenas as they were civil subpoenas signed by only the defense and not the circuit clerk.

Keller said she did not tell Harold not to answer, but said she read to him a rule stating that he did not have to respond to invalid subpoenas.

Mize said the defense did eventually obtain a valid subpoena, but said because of Keller’s “advice,” was unable to serve it as Harold had gone on vacation.

Justice Margaret Workman asked if Mize was suggesting Keller had done something wrong by simply “reading a rule.”

The Supreme Court will rule whether to allow the conviction to stand or overturn it, allowing Hughes a new trial.

— E-mail: mjames

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