CHARLESTON, W.Va. -- The West Virginia Supreme Court will not reconsider its decision that sent Joseph Lavigne Jr. back to jail.
Greg Ayers, Lavigne's attorney, made several claims in a petition for rehearing filed with the Supreme Court in December, which sought to have the court reconsider its decision that immediately returned Lavigne to prison for the rape of his then-5-year-old daughter.
In 2011, a judge reversed Lavigne's 1996 conviction and he was released from jail after serving 15 years. However, Putnam County prosecutor Mark Sorsaia appealed Spaulding's decision and then the Supreme Court sent him back to prison to finish his 22- to 60-year sentence.
Last week, Ayers said the high court had decided not to rethink their November ruling. Lavigne plans to appeal his case to the U.S. Supreme Court. He is in the Western Regional Jail awaiting transfer to prison.