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Majority of High Court says Tanya Harden likely acted in "Self-defense" in her husband's murder. WEB EXTRA: See the court document from the WV Supreme Court
By Jeff Pullin
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CHARLESTON -- A Culloden woman convicted of murder, has had her sentenced overturned by the West Virginia Supreme Court of Appeals.
Tanya Harden was convicted of murder in the first degree for shooting her husband, Danuel Harden back in September 2004. It took nearly nine hours of deliberations for the jury to reach its verdict.
The defense said Harden shot her husband in self-defense following a domestic dispute. Prosecutors rebutted by saying the shooting happened hours after that dispute.
The High court overturned the verdict Thursday, the majority saying that the defendant created reasonable doubt to the reason for killing her husband.
Supreme Court Justice Menis Ketchum delivered the opinion of the court, saying:
"Having determined that the defendant submitted sufficient evidence to create a reasonable doubt as to the issue of whether her actions were made in self-defense, and that the trial judge was correct that the defendant was entitled to a self-defense instruction, we turn to the issue of whether the State met its burden to prove beyond a reasonable doubt that the defendant's actions were not made in self-defense. Initially, we note that the defendant argues that the State presented no rebuttal evidence in response to her case-in-chief and therefore could not possibly have met its burden of proof."
As a result, the High Court has recommended acquittal and ordered Harden released from prison immediately.
Related Links:
- Supreme Court Verdict
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