WV Man’s Sex Assault Appeal Shot Down

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A West Virginia man convicted of sexually assaulting a 5-year-old girl will remain in prison to complete his sentence.

Joseph Lavigne Jr.'s lawyer, Greg Ayers, tells the Charleston Gazette that the U.S. Supreme Court won't review Lavigne's petition.

Lavigne, 55, was convicted of sexual assault in Putnam County in 1996. He was sentenced to up to 60 years in prison.

Lavigne was freed in 2011 after a Putnam County judge reversed his conviction. Now-retired Circuit Judge O.C. Spaulding said there was insufficient evidence to convict.

The West Virginia Supreme Court reversed Spaulding's decision in 2012 and ordered Lavigne to serve the remainder of his sentence.

Lavigne's petition to the U.S. Supreme Court sought a review of the state court's decision.