County of Conviction: HarrisonConvicted of: Malicious assault and three counts of sexual assault in the second degreeSentence: 1-5 years
Time served: Full term
WVIP Involvement: Client
Orville Hutton was born in Jamaica and immigrated to the United States in 1971. In 2010, Mr. Hutton was indicted in Harrison County for malicious assault and three counts of sexual assault in the second degree. Mr. Hutton entered an Alford plea of guilty, and was sentenced to a prison term of one to five years. In 2013, ten days before his prison release date, Mr. Hutton was contacted by the Department of Homeland Security. The Department informed him that he would be held by the federal government and processed for deportation to Jamaica as a result of his conviction. Fearing his deportation, Mr. Hutton filed a petition for a writ of error coram nobis in the Harrison County Circuit Court. On appeal, the Supreme Court of Appeals of West Virginia held that the writ of error coram nobis still exists as a remedy for challenging a wrongful conviction after incarceration.