State v. Pettrey
In State v. Pettrey, 209 W. Va. 449, 549 S.E.2d 323 (2001), the Court evaluated the admissibility of a play therapist's testimony regarding statements made by two young children describing sexual abuse.
The Court concluded that "the statements made by the children to Ms. Akers (the victim's teacher) and Ms. Hasty [the victim's therapist] were obviously not made in a prior judicial proceeding. Therefore, the unavailability analysis pertinent to the Confrontation Clause is not applicable." Id. at 457, 549 S.E.2d at 331.