U.S. Supreme Court won't hear Lavigne appeal
CHARLESTON, W.Va. -- The U.S. Supreme Court will not review the case of Joseph Lavigne Jr., his attorney said Monday.
Lavigne was sent back to prison last year to finish his sentence of 22 to 60 years after being convicted of the brutal rape of his daughter.
In 2011, a Putnam County Circuit judge reversed Lavigne's 1996 conviction and he was released from jail after serving 15 years. However, Putnam County Prosecuting Attorney Mark Sorsaia appealed the decision, and the West Virginia Supreme Court sent Lavigne back to prison.
Greg Ayers, Lavigne's attorney, had asked the U.S. Supreme Court to consider an improper jury instruction, a lack of forensic evidence and contradictory statements made by Lavigne's daughter, who was 5 at the time, when trying to identify her attacker.
Ayers said he spoke to a clerk with the U.S. Supreme Court on Monday who said the petition asking the court to review the judgment and opinion of the West Virginia Supreme Court had been denied.
Lavigne, 55, is incarcerated in the Huttsonville Correctional Center. His next parole hearing is Sept. 14, 2017, according to the state Division of Corrections website.