| The WV Supreme Court has upheld the battery conviction of a Roane County physician, but set aside a finding that he was sexually motivated when he put his tongue in the mouth of an elderly patient, who then bit off part of the physician's tongue.
The justices ruled against the Roane Circuit Court decision of a sexual motivation finding against Dr. Seen, the court had ordered him to register as a sex offender for 10 years.
Seen was placed on probation in 2013, and lost his license to practice medicine based on the case.
The high court said prosecutors denied Seen's due process rights by failing to give a required pretrial notice of its intent to seek a finding of sexual motivation.
Seen is attempting to get his license restored.
Seen's attorney argued that, "The court's finding of sexual
motivation and consequent order that defendant register as a
sex offender constitutes plain error and must be vacated because
neither the State nor the court gave defendant pretrial notice
concerning sex offender status and registration."
In the Supreme Court case, Seen's attorney argued that the court's
finding of sexual motivation was based on speculation.
See earlier story ROANE PHYSICIAN DR. SEEN GUILTY OF SEXUAL BATTERY(11/04/2013)
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