WV Supreme Court upholds convictions for adults sentenced for 8-year-old Raylee Browning's death
Del. Shawn Fluharty, D-Ohio, held up a poster of Raylee Browning, a child who died from abuse and neglect after her parents removed her from public school to homeschool her. The West Virginia House of Delegates passed House Bill 5180 with Raylee's Law as an added amendment on Tuesday, Feb. 27, 2024. Raylee's Law would prevent parents from removing their child from school to homeschool them if a teacher has reported them for abuse. (Perry Bennett | West Virginia Legislative Photography)
The West Virginia Supreme Court of Appeals says convictions must stand against three adults who are in prison for their roles in the death of 8-year-old Raylee Browning.
The high-profile case has spurred attempted legislative changes — a bill known as 'Raylee's Law' — by a Democratic lawmaker who says the state's limited homeschool regulations create a loophole to shield child abuse and neglect. Raylee was being homeschooled.
The girl was underweight when she died in 2018 from sepsis because of a severe bacterial pneumonia infection. Raylee's father, Marty Browning Jr., his wife and another adult ignored her deteriorating condition, a judge said, and court records said the adults failed to provide medicine or water. They were found guilty of neglect and sentenced to prison for 3 to 15 years.
Marty Browning, his wife Julie Browning and Sherie Titchenell each appealed their convictions for a list of reasons that included a denial to a speedy trial and improperly admitting certain evidence.
In three separate opinions issued Monday, the state Supreme Court denied their appeals, upholding the adults' 2022 convictions in Fayette County Circuit Court.
Browning had been removed her from public school after her teachers reported suspected child abuse to Child Protective Services. According to testimony during the adults' trial, CPS didn't respond to the referral.
The legislation, sponsored for multiple years by Del. Shawn Fluharty, D-Ohio, seeks to pause a parent's request to homeschool if there's a pending child abuse investigation against the parent.
A bill including Raylee's Law passed the House of Delegates this year, but wasn't taken up by the Senate.
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