JOSEPH LAVIGNE, JR. Overturned Rape Conviction Now In Supreme Court
Reported by: Martin Hicks
Web Producer: Mamie Buoy
Reported: Oct. 23, 2012 9:32 PM EDT
Updated: Oct. 23, 2012 9:39 PM EDT
Eyewitness News Photo
Buckhannon
, West Virginia
Supreme Court justices are questioning a ruling to overturn a Putnam County rape case.
The state's high court heard oral arguments in the case against Joseph Lavigne, Jr. Tuesday.
Lavigne was found guilty of the brutal rape of his five-year-old daughter back in 1996, but the case was overturned last year by Putnam County Circuit Judge O.C. Spaulding. Lavigne was released from prison after serving 15 years.
The Supreme Court now has three options; to uphold Putnam County Circuit Court's ruling, reverse Spaulding's decision sending Lavigne back to prison or rule of individual parts which will possibly leading to a new trial.
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