Supreme Court of Appeals of West Virginia Decisions 2016
Opinions 1 - 500 of 907
Date: December 12, 2016
Docket Numbers: 16-0232, 16-0249
Date: December 6, 2016
Docket Number: 15-1152
Date: December 5, 2016
Docket Number: 15-0684
Date: November 30, 2016
Docket Number: 16-1040
Justia Opinion Summary: Joshua Butcher defeated incumbent Judge William Douglas Witten for the open judicial seat in Division 1 of the Circuit Court of Logan County in the May 2016 nonpartisan election. Butcher was declared the winner after a…
Date: November 29, 2016
Docket Number: 15-1030
Date: November 29, 2016
Docket Number: 15-1050
Date: November 29, 2016
Docket Number: 15-1108
Date: November 29, 2016
Docket Number: 15-1136
Date: November 29, 2016
Docket Number: 15-1150
Date: November 29, 2016
Docket Number: 15-1158
Date: November 29, 2016
Docket Number: 15-1165
Date: November 29, 2016
Docket Number: 15-1171
Date: November 29, 2016
Docket Number: 15-1172
Date: November 29, 2016
Docket Number: 16-0036
Date: November 29, 2016
Docket Number: 16-0037
Date: November 29, 2016
Docket Number: 16-0038
Date: November 29, 2016
Docket Number: 16-0041
Date: November 29, 2016
Docket Number: 16-0042
Date: November 29, 2016
Docket Number: 16-0057
Date: November 29, 2016
Docket Number: 16-0058
Date: November 29, 2016
Docket Number: 16-0064
Date: November 29, 2016
Docket Number: 16-0065
Date: November 29, 2016
Docket Number: 16-0083
Date: November 29, 2016
Docket Number: 16-0091
Date: November 29, 2016
Docket Number: 16-0100
Date: November 21, 2016
Docket Number: 15-0582
Date: November 21, 2016
Docket Number: 15-1063
Date: November 21, 2016
Docket Number: 15-1186
Date: November 21, 2016
Docket Number: 16-0053
Date: November 21, 2016
Docket Number: 16-0647
Date: November 21, 2016
Docket Number: 16-0653
Date: November 21, 2016
Docket Number: 16-0673
Date: November 21, 2016
Docket Number: 16-0726
Date: November 18, 2016
Docket Number: 15-0213
Date: November 18, 2016
Docket Number: 15-0975
Date: November 18, 2016
Docket Number: 15-1038
Date: November 18, 2016
Docket Number: 15-1155
Date: November 18, 2016
Docket Number: 15-1183
Date: November 18, 2016
Docket Number: 15-1195
Date: November 18, 2016
Docket Number: 15-1244
Date: November 18, 2016
Docket Number: 16-0032
Date: November 18, 2016
Docket Number: 16-0059
Date: November 18, 2016
Docket Number: 16-0072
Date: November 18, 2016
Docket Number: 16-0122
Date: November 18, 2016
Docket Number: 16-0135
Date: November 18, 2016
Docket Number: 16-0150
Date: November 18, 2016
Docket Number: 16-0199
Date: November 18, 2016
Docket Number: 16-0219
Date: November 18, 2016
Docket Number: 16-0220
Date: November 17, 2016
Docket Number: 15-0087
Date: November 17, 2016
Docket Number: 15-0692
Date: November 17, 2016
Docket Number: 15-0695
Date: November 17, 2016
Docket Number: 15-0695
Justia Opinion Summary: Plaintiff, a registered nurse, was hired in 2008 by the defendant hospital. In 2009, Plaintiff was fired. Plaintiff filed a complaint against Defendant, alleging retaliatory discharge, intentional infliction of emotional…
Date: November 17, 2016
Docket Number: 15-0825
Date: November 17, 2016
Docket Number: 15-1242
Date: November 17, 2016
Docket Number: 16-0136
Date: November 17, 2016
Docket Number: 16-0136
Justia Opinion Summary: Plaintiffs sued EQT Production Company and five related entities alleging that Plaintiffs were underpaid royalties with respect to their ownership of oil and gas interests that EQT was contracted to exploit. A federal…
Date: November 17, 2016
Docket Number: 16-0290
Justia Opinion Summary: This action arose from the murder of a teenager by her two friends. The victim’s parents filed a wrongful death action against the killers and the two women they lived with, Tara Clendenen and Rachel Shoaf. Clendenen and…
Date: November 17, 2016
Docket Number: 16-0738
Date: November 17, 2016
Docket Number: 16-0738
Justia Opinion Summary: Seven entities under contract to provide residential services to youth in the state (collectively, Petitioners) filed a petition for writ of mandamus requiring the West Virginia Department of Health and Human Services…
Date: November 16, 2016
Docket Number: 14-1262
Date: November 16, 2016
Docket Number: 15-0935
Justia Opinion Summary: W. Va. Code 11-15A-10a affords taxpayers a credit for sales taxes paid to other states, which offsets the West Virginia Motor Fuel Use Tax (“use tax”) a fuel importer must pay under W. Va. Code 11-15A-13a. After it was…
Date: November 16, 2016
Docket Number: 15-0948
Date: November 16, 2016
Docket Number: 15-0948
Justia Opinion Summary: Plaintiffs, on behalf of themselves and others similarly situated, were former students in the nursing program at Salem International University (Salem). When Plaintiffs enrolled, they signed enrollment agreements that…
Date: November 16, 2016
Docket Number: 15-1205
Date: November 16, 2016
Docket Number: 15-1207
Date: November 15, 2016
Docket Number: 14-1142
Date: November 15, 2016
Docket Number: 15-0460
Date: November 15, 2016
Docket Number: 15-0506
Justia Opinion Summary: Husband and Wife were granted a divorce by order of the family court in 2014. The circuit court affirmed the family court’s orders. Both parties appealed. The Supreme Court affirmed, holding that the trial court did not…
Date: November 15, 2016
Docket Number: 15-0692
Date: November 15, 2016
Docket Number: 15-0692
Justia Opinion Summary: In 2013, the decedent filed a complaint alleging violations of the West Virginia Consumer Credit and Protection Act and other causes of action against Respondent, Professional Bureau of Collections of Maryland, Inc.…
Date: November 15, 2016
Docket Number: 15-0711
Justia Opinion Summary: Respondent David King, as administrator of the estate of Wilma Ann King, brought an action against the West Virginia Department of Transportation, Division of Motor Vehicles (DMV) alleging that the DMV was negligent in…
Date: November 15, 2016
Docket Numbers: 15-0842, 15-0857, 15-0867, 15-0869
Justia Opinion Summary: This proceeding consisted of four consolidated appeals. The issue in two of the appeals was whether the alternative-energy infrastructures installed by Petitioners for their businesses met the statutory definition of…
Date: November 15, 2016
Docket Number: 15-0865
Date: November 15, 2016
Docket Number: 15-0919
Date: November 15, 2016
Docket Number: 15-0919
Justia Opinion Summary: Bryan and Doris McCurdy filed an action against Mountain Valley Pipeline, LLC (MVP) seeking a declaration that MVP had no right to enter their property to survey the area as a potential location for a natural gas…
Date: November 15, 2016
Docket Number: 15-0926
Date: November 14, 2016
Docket Number: 15-0853
Date: November 14, 2016
Docket Number: 15-0854
Justia Opinion Summary: Petitioner was indicted on one count of malicious assault. After a jury trial, Petitioner was convicted of the misdemeanor offense of assault and sentenced to six months’ imprisonment. Petitioner appealed, arguing that…
Date: November 14, 2016
Docket Number: 15-0920
Justia Opinion Summary: This litigation arose out of the construction of the home of Randie Lawson and Deanna Lawson (together, Respondents). G & G Builders, Inc. (Petitioner) filed suit asserting that it was owed $303,686 under the parties’…
Date: November 14, 2016
Docket Number: 15-0939
Date: November 14, 2016
Docket Number: 15-1035
Date: November 14, 2016
Docket Number: 15-1111
Date: November 14, 2016
Docket Number: 15-1118
Date: November 14, 2016
Docket Number: 15-1222
Date: November 14, 2016
Docket Number: 16-0015
Date: November 14, 2016
Docket Number: 16-0054
Date: November 14, 2016
Docket Number: 16-0124
Date: November 14, 2016
Docket Number: 16-0138
Date: November 14, 2016
Docket Number: 16-0607
Justia Opinion Summary: In 2013, fourteen plaintiffs, including ten from West Virginia and four from New York, filed products liability and negligence claims agist Pfizer, Inc. regarding their use of the medication, Lipitor, a drug manufactured…
Date: November 14, 2016
Docket Number: 16-0609
Date: November 10, 2016
Docket Number: 14-0889
Date: November 10, 2016
Docket Number: 15-0786
Date: November 10, 2016
Docket Number: 15-0820
Date: November 10, 2016
Docket Number: 15-0994
Date: November 10, 2016
Docket Number: 15-1032
Date: November 10, 2016
Docket Number: 15-1056
Date: November 10, 2016
Docket Number: 15-1121
Justia Opinion Summary: Robert Perry was issued a Citibank MasterCard account in 1998. The terms and conditions of the Citibank Card Agreement governing Perry’s account included an arbitration agreement. In 2010, Citibank filed a debt…
Date: November 10, 2016
Docket Number: 15-1142
Date: November 10, 2016
Docket Number: 15-1146
Date: November 10, 2016
Docket Number: 15-1211
Date: November 10, 2016
Docket Number: 16-0055
Date: November 10, 2016
Docket Number: 16-0070
Date: November 10, 2016
Docket Numbers: 16-0505, 16-0506
Date: November 9, 2016
Docket Number: 15-0993
Justia Opinion Summary: Braxton Lumber Company filed suit against Lloyd’s Inc. seeking payment on a promissory note. Braxton Lumber did not file suit within six years of the due date on the promissory note owed to it. The circuit court…
Date: November 9, 2016
Docket Number: 15-1157
Justia Opinion Summary: In 1976, Petitioner was convicted of armed robbery and sentenced to life imprisonment. The life sentence included the element of mercy, and Petitioner was released on parole in 1986. While on parole, Petitioner was…
Date: November 7, 2016
Docket Number: 15-1001
Date: November 4, 2016
Docket Number: 15-0953
Date: November 3, 2016
Docket Number: 15-0294
Date: November 3, 2016
Docket Number: 15-0684
Date: November 2, 2016
Docket Number: 15-0662
Justia Opinion Summary: This dispute arose from the use of educational interventionists to assist elementary and middle school students in Monongalia County who need educational support beyond that provided by the regular classroom teacher. The…
Date: November 2, 2016
Docket Number: 15-0971
Justia Opinion Summary: In 2012, Petitioner was arrested for driving under the influence (DUI). The West Virginia Division of Motor Vehicles (DMV) sent Petitioner an order of revocation revoking Petitioner’s driving privileges and enhancing her…
Date: November 2, 2016
Docket Number: 16-0439
Justia Opinion Summary: Defendant was indicted on eight charges relating to the alleged sexual abuse of his eight-year-old daughter S.F. S.F. received treatment from the Department of Health and Human Resources (DHHR), which maintained files to…
Date: October 28, 2016
Docket Number: 15-0335
Date: October 28, 2016
Docket Number: 15-0766
Date: October 28, 2016
Docket Number: 15-0924
Date: October 28, 2016
Docket Numbers: 15-1131, 15-1219
Date: October 28, 2016
Docket Number: 15-1180
Date: October 28, 2016
Docket Number: 15-1203
Date: October 28, 2016
Docket Number: 15-1204
Date: October 28, 2016
Docket Number: 15-1210
Date: October 28, 2016
Docket Number: 15-1214
Date: October 27, 2016
Docket Number: 15-0879
Justia Opinion Summary: Petitioner filed a complaint against the City of Wheeling, alleging that the City negligently failed to inspect, maintain, and operate its waterworks and fire hydrant system, resulting in the total loss of her home due…
Date: October 27, 2016
Docket Number: 15-0970
Date: October 27, 2016
Docket Number: 16-0449
Justia Opinion Summary: In September 2014, M.B. filed a complaint with the West Virginia Board of Medicine alleging that Petitioner had engaged in an improper sexual relationship with her while he was her treating physician and that he failed…
Date: October 26, 2016
Docket Number: 15-0214
Date: October 26, 2016
Docket Number: 15-0538
Date: October 26, 2016
Docket Number: 15-0595
Date: October 26, 2016
Docket Number: 15-0868
Date: October 26, 2016
Docket Number: 15-0907
Date: October 26, 2016
Docket Number: 15-0907
Justia Opinion Summary: At dispute in this case was ownership of coalbed methane (CBM) under a 1938 deed. Respondent filed a complaint against Petitioners seeking a declaration of ownership of all CBM on the property conveyed in the deed and an…
Date: October 26, 2016
Docket Number: 15-0934
Justia Opinion Summary: University Park at Evansdale, LLC (UPE) was the lessor of certain property owned by the West Virginia University Board of Governors commonly known as “University Park.” The Monongalia County Assessor assessed UPE’s…
Date: October 26, 2016
Docket Number: 15-0951
Date: October 26, 2016
Docket Number: 15-0958
Justia Opinion Summary: Petitioner pled guilty to the misdemeanor crime of sexual abuse in the third degree and was sentenced to the maximum statutory term of ninety days in jail. Petitioner was also required to register as a sexual offender…
Date: October 26, 2016
Docket Number: 15-1040
Justia Opinion Summary: Plaintiffs worked in coal mining operations under Consolidated Coal Company, a wholly-owned subsidiary of CONSOL Energy, Inc. In 2013, CONSOL sold Consolidated Coal Company to Murray Energy Corporation. Prior to the…
Date: October 26, 2016
Docket Number: 15-1044
Justia Opinion Summary: Respondent was driving an unlicensed all-terrain vehicle (ATV) on family-owned farm land when he wrecked the ATV and was injured. At the hospital, tests allegedly showed Respondent’s blood alcohol content was 0.17…
Date: October 26, 2016
Docket Number: 15-1045
Date: October 26, 2016
Docket Number: 15-1048
Date: October 26, 2016
Docket Number: 15-1049
Date: October 26, 2016
Docket Number: 15-1082
Date: October 26, 2016
Docket Number: 15-1083
Date: October 26, 2016
Docket Number: 15-1084
Date: October 26, 2016
Docket Number: 15-1107
Date: October 26, 2016
Docket Number: 15-1126
Date: October 26, 2016
Docket Number: 15-1127
Date: October 26, 2016
Docket Number: 15-1128
Date: October 26, 2016
Docket Number: 15-1129
Date: October 26, 2016
Docket Number: 15-1130
Date: October 26, 2016
Docket Number: 15-1188
Date: October 26, 2016
Docket Number: 15-1215
Date: October 26, 2016
Docket Number: 15-1216
Date: October 26, 2016
Docket Number: 15-1217
Date: October 26, 2016
Docket Number: 15-1218
Date: October 26, 2016
Docket Number: 15-1230
Date: October 26, 2016
Docket Number: 15-1231
Date: October 26, 2016
Docket Number: 15-1232
Date: October 26, 2016
Docket Number: 15-1238
Date: October 19, 2016
Docket Number: 15-0289
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree murder with a recommendation of mercy and conspiracy to commit burglary. The Supreme Court affirmed, holding (1) the trial court did not err in denying…
Date: October 17, 2016
Docket Number: 15-0655
Date: October 14, 2016
Docket Number: 14-1119
Date: October 14, 2016
Docket Number: 14-1119
Date: October 13, 2016
Docket Number: 14-1055
Date: October 13, 2016
Docket Number: 15-0768
Date: October 13, 2016
Docket Number: 15-0876
Date: October 12, 2016
Docket Number: 14-1105
Justia Opinion Summary: William and Kerry Smith filed a complaint alleging that Reginald Grimmett damaged their real property while developing a mobile home community on his adjacent tract of land. The jury returned a verdict in favor of…
Date: October 12, 2016
Docket Number: 15-0641
Justia Opinion Summary: After a jury trial, Defendant was convicted of involuntary manslaughter, concealment of a deceased human body, and other offenses relating to the death of her twenty-six-day-old infant. The Supreme Court affirmed,…
Date: October 11, 2016
Docket Number: 15-0266
Date: October 11, 2016
Docket Number: 15-0543
Justia Opinion Summary: Petitioner was convicted of two counts of felony sexual assault and two counts of felony sexual abuse by a custodian. During the trial, the child victim began testifying in-court but became unresponsive when the State…
Date: October 11, 2016
Docket Numbers: 15-0597, 15-0599
Justia Opinion Summary: The State Tax Commissioner and the Berkeley County Assessor denied an ad valorem property tax exemption to University Healthcare Foundation, Inc. for its property known as the Dorothy McCormack Cancer Treatment &…
Date: October 11, 2016
Docket Number: 15-0696
Justia Opinion Summary: Petitioner pleaded guilty to conspiracy to commit the destruction of property and attempt to commit grand larceny. Petitioner was sentenced to consecutive terms of incarceration of one to five years and one to three…
Date: October 11, 2016
Docket Number: 15-0932
Date: October 7, 2016
Docket Number: 15-0718
Date: October 7, 2016
Docket Number: 15-1057
Date: October 7, 2016
Docket Number: 15-1058
Date: October 7, 2016
Docket Number: 15-1094
Date: October 6, 2016
Docket Number: 15-0581
Justia Opinion Summary: After a jury trial, Petitioner was convicted of kidnapping and of attempted extortion. Petitioner was sentenced to life imprisonment on the kidnapping conviction, with parole eligibility in ten years. The Supreme Court…
Date: October 6, 2016
Docket Number: 15-0726
Justia Opinion Summary: The decedent in this case executed two wills, the first in West Virginia in 2012 and the second in New York in 2014. The named executor of the West Virginia will (Plaintiff) filed a complaint in a West Virginia circuit…
Date: October 6, 2016
Docket Number: 16-0167
Date: October 6, 2016
Docket Number: 16-0183
Date: October 6, 2016
Docket Number: 16-0346
Justia Opinion Summary: Petitioners filed a petition in the magistrate court seeking to have Respondent evicted from one of their apartments. The magistrate court dismissed Petitioners’ claim as moot after a hearing. Respondent appealed.…
Date: September 30, 2016
Docket Number: 15-0895
Date: September 30, 2016
Docket Number: 15-0900
Date: September 30, 2016
Docket Number: 15-0966
Date: September 30, 2016
Docket Number: 15-0984
Date: September 30, 2016
Docket Number: 15-0992
Date: September 30, 2016
Docket Number: 15-0996
Date: September 30, 2016
Docket Number: 15-1007
Date: September 30, 2016
Docket Number: 15-1008
Date: September 30, 2016
Docket Number: 15-1023
Date: September 30, 2016
Docket Number: 15-1024
Date: September 30, 2016
Docket Number: 15-1029
Date: September 30, 2016
Docket Number: 15-1046
Date: September 30, 2016
Docket Number: 15-1051
Date: September 30, 2016
Docket Number: 15-1053
Date: September 30, 2016
Docket Number: 15-1065
Date: September 30, 2016
Docket Number: 15-1071
Date: September 30, 2016
Docket Number: 15-1081
Date: September 28, 2016
Docket Number: 15-0535
Justia Opinion Summary: After a jury trial, Petitioner was convicted of the first degree murder of his wife. The circuit court denied Petitioner’s motion for a judgment of acquittal or a new trial and sentenced him to life in prison without the…
Date: September 27, 2016
Docket Number: 15-0755
Date: September 27, 2016
Docket Number: 15-0781
Date: September 27, 2016
Docket Number: 15-0943
Date: September 27, 2016
Docket Number: 15-0952
Date: September 23, 2016
Docket Number: 15-0537
Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of sexual assault in the first degree and two counts of sexual assault by a person in a position of trust. Defendant was sentenced to an effective term of…
Date: September 23, 2016
Docket Number: 15-0904
Date: September 23, 2016
Docket Number: 15-1080
Date: September 23, 2016
Docket Number: 15-1137
Date: September 23, 2016
Docket Number: 15-1175
Date: September 23, 2016
Docket Number: 16-0103
Date: September 23, 2016
Docket Number: 16-0120
Date: September 22, 2016
Docket Number: 15-0714
Justia Opinion Summary: Defendant pleaded guilty to third offense shoplifting. The Circuit Court of Braxton County imposed a sentence of one to ten years of imprisonment, to be served consecutively to a sentence previously imposed in Monongalia…
Date: September 22, 2016
Docket Numbers: 15-1102, 15-1103
Date: September 22, 2016
Docket Number: 16-0779
Date: September 19, 2016
Docket Number: 15-0241
Date: September 19, 2016
Docket Number: 15-0397
Date: September 19, 2016
Docket Number: 15-0397
Justia Opinion Summary: Stephen Swain filed claims for workers’ compensation benefits for his occupational hearing loss. An administrative law judge (ALJ) with the Workers’ Compensation Office of Judges identified Pioneer Pipe, Inc. and two…
Date: September 19, 2016
Docket Number: 15-0884
Date: September 19, 2016
Docket Number: 15-0946
Date: September 19, 2016
Docket Number: 15-1005
Date: September 19, 2016
Docket Number: 15-1072
Date: September 19, 2016
Docket Number: 15-1144
Date: September 19, 2016
Docket Number: 16-0029
Date: September 19, 2016
Docket Number: 16-0423
Date: September 19, 2016
Docket Number: 16-0458
Date: September 16, 2016
Docket Number: 14-0382
Date: September 16, 2016
Docket Number: 15-0584
Date: September 16, 2016
Docket Number: 15-0650
Date: September 15, 2016
Docket Number: 15-1021
Date: September 15, 2016
Docket Numbers: 15-1042, 15-1043
Justia Opinion Summary: Mother and Father were the biological parents of D.M. D.M. was removed from Mother and Father and placed in the custody of the West Virginia Department of Health and Human Resources (the DHHR). After a dispositional…
Date: September 15, 2016
Docket Number: 16-0779
Justia Opinion Summary: Petitioner Erik Patrick Wells, a registered Democrat, filed a “Candidate’s Certificate of Announcement for 2016 Partisan Elections” but left blank his party affiliation. Petitioner indicated on a subsequently filed…
Date: September 12, 2016
Docket Number: 15-0805
Date: September 12, 2016
Docket Number: 15-0815
Date: September 12, 2016
Docket Number: 15-0836
Date: September 12, 2016
Docket Number: 15-0855
Date: September 12, 2016
Docket Number: 15-0944
Date: September 6, 2016
Docket Number: 15-0292
Date: September 6, 2016
Docket Number: 15-0471
Date: September 6, 2016
Docket Number: 15-0567
Date: September 6, 2016
Docket Number: 15-0685
Date: September 6, 2016
Docket Number: 15-0745
Date: September 6, 2016
Docket Number: 15-0773
Date: September 6, 2016
Docket Number: 15-0790
Date: September 6, 2016
Docket Number: 15-0858
Date: September 6, 2016
Docket Number: 15-0877
Date: September 6, 2016
Docket Number: 15-1006
Date: September 6, 2016
Docket Number: 15-1009
Date: September 6, 2016
Docket Number: 15-1067
Date: September 6, 2016
Docket Number: 15-1088
Date: September 6, 2016
Docket Number: 15-1089
Date: September 6, 2016
Docket Number: 15-1141
Date: September 6, 2016
Docket Number: 15-1185
Date: September 6, 2016
Docket Number: 16-0195
Date: September 6, 2016
Docket Number: 16-0315
Date: September 6, 2016
Docket Number: 16-0334
Date: September 2, 2016
Docket Number: 15-0446
Date: September 2, 2016
Docket Number: 15-0609
Date: September 2, 2016
Docket Number: 15-0738
Date: September 2, 2016
Docket Number: 15-0744
Date: September 2, 2016
Docket Number: 15-0862
Date: September 2, 2016
Docket Number: 15-1000
Date: September 2, 2016
Docket Number: 15-1004
Date: September 2, 2016
Docket Number: 15-1091
Date: September 2, 2016
Docket Number: 15-1110
Date: August 26, 2016
Docket Number: 15-0838
Date: August 26, 2016
Docket Number: 15-0839
Date: August 26, 2016
Docket Number: 15-0841
Date: August 26, 2016
Docket Number: 15-0843
Date: August 26, 2016
Docket Number: 15-0844
Date: August 26, 2016
Docket Number: 15-0864
Date: August 26, 2016
Docket Number: 15-0882
Date: August 26, 2016
Docket Number: 15-0886
Date: August 26, 2016
Docket Number: 15-0937
Date: August 26, 2016
Docket Number: 15-0954
Date: August 26, 2016
Docket Number: 15-0965
Date: August 23, 2016
Docket Number: 15-0824
Date: August 23, 2016
Docket Number: 15-0834
Date: August 23, 2016
Docket Number: 15-0835
Date: August 23, 2016
Docket Number: 15-0840
Date: August 11, 2016
Docket Number: 15-0792
Date: August 11, 2016
Docket Number: 15-0795
Date: August 11, 2016
Docket Number: 15-0796
Date: August 11, 2016
Docket Number: 15-0800
Date: August 11, 2016
Docket Number: 15-0802
Date: August 1, 2016
Docket Number: 15-0749
Date: August 1, 2016
Docket Number: 15-0751
Date: August 1, 2016
Docket Number: 15-0752
Date: August 1, 2016
Docket Number: 15-0803
Date: August 1, 2016
Docket Number: 15-0822
Date: June 24, 2016
Docket Number: 15-0486
Date: June 24, 2016
Docket Number: 15-0770
Date: June 24, 2016
Docket Number: 15-0771
Date: June 24, 2016
Docket Number: 15-0774
Date: June 22, 2016
Docket Number: 15-0618
Date: June 22, 2016
Docket Number: 15-0620
Date: June 22, 2016
Docket Number: 15-0621
Date: June 22, 2016
Docket Number: 15-0622
Date: June 22, 2016
Docket Number: 15-0623
Date: June 22, 2016
Docket Number: 15-0754
Date: June 22, 2016
Docket Number: 15-0757
Date: June 22, 2016
Docket Number: 15-0759
Date: June 21, 2016
Docket Number: 15-0402
Date: June 21, 2016
Docket Number: 15-0469
Date: June 21, 2016
Docket Number: 15-0602
Date: June 21, 2016
Docket Number: 15-0724
Date: June 21, 2016
Docket Number: 15-0798
Date: June 21, 2016
Docket Number: 15-1092
Date: June 21, 2016
Docket Numbers: 16-0077, 16-0104
Date: June 21, 2016
Docket Number: 16-0079
Date: June 21, 2016
Docket Number: 16-0421
Date: June 17, 2016
Docket Number: 14-1315
Date: June 17, 2016
Docket Number: 15-0113
Date: June 17, 2016
Docket Number: 15-0234
Date: June 17, 2016
Docket Number: 15-0313
Date: June 17, 2016
Docket Number: 15-0468
Date: June 17, 2016
Docket Number: 15-0596
Date: June 17, 2016
Docket Number: 15-0658
Date: June 17, 2016
Docket Number: 15-0845
Date: June 17, 2016
Docket Number: 15-0973
Date: June 16, 2016
Docket Number: 15-0037
Justia Opinion Summary: Defendant appealed his conviction for second-degree sexual assault and of attempting to commit first-degree sexual abuse. The court found that, under Rule 412 of the West Virginia Rules of Evidence, the circuit court…
Date: June 16, 2016
Docket Number: 15-0708
Justia Opinion Summary: S.H. was adjudicated to have been neglected by her maternal grandmother and guardian, M.C. M.C. was granted an improvement period, but the improvement period was abruptly terminated by the court’s order, and M.C.’s…
Date: June 15, 2016
Docket Number: 14-0471
Justia Opinion Summary: In 2004, Edward Birch received a workplace injury. In 2011, a claims administrator granted Birch and eight percent permanent partial disability (PPD) award. The Workers’ Compensation Office of Judges (OOJ) granted an…
Date: June 15, 2016
Docket Number: 14-1213
Date: June 15, 2016
Docket Number: 15-0393
Justia Opinion Summary: Plaintiff filed a complaint against Defendant alleging that he suffered past medical expenses arising from a car accident. Defendant admitted liability for the accident but denied that the accident injured Plaintiff’s…
Date: June 15, 2016
Docket Number: 15-0540
Date: June 15, 2016
Docket Number: 15-0821
Justia Opinion Summary: Stacy Stevens, the personal representative of her late husband, Scott Stevens, filed suit on behalf of Scott’s estate against MTR Gaming Group, Inc. and International Game Technology, Inc. after Scott allegedly developed…
Date: June 14, 2016
Docket Number: 15-0487
Date: June 14, 2016
Docket Number: 15-0731
Date: June 14, 2016
Docket Number: 15-1178
Date: June 13, 2016
Docket Number: 14-0441
Justia Opinion Summary: Plaintiff signed a contract with Defendant for the construction of a house. The contract contained an arbitration clause. Plaintiff later brought suit against Defendant, claiming that there were defects in the house.…
Date: June 13, 2016
Docket Number: 15-0968
Date: June 13, 2016
Docket Number: 15-1112
Date: June 13, 2016
Docket Number: 15-1112
Justia Opinion Summary: The Division of Highways (DOH) of the West Virginia Department of Transportation acquired a portion of commercial property owned by MCNB Bank and Trust Company to facilitate construction of a new highway and tendered…
Date: June 10, 2016
Docket Number: 13-0421
Date: June 10, 2016
Docket Number: 15-0012
Date: June 10, 2016
Docket Number: 15-0012
Justia Opinion Summary: Plaintiff was injured in accident while working for Speed Mining LLC. Plaintiff and his wife (together, Plaintiffs) filed suit against Speed Mining. Plaintiffs also named as defendants related companies and individuals…
Date: June 10, 2016
Docket Number: 15-0122
Justia Opinion Summary: Rubin Resources, Inc. filed a legal malpractice action against Garold Morris, alleging that Morris was negligent in performing a title examination and preparing a title opinion for Rubin regarding an oil and gas…
Date: June 8, 2016
Docket Number: 14-1255
Justia Opinion Summary: During a 2007 fight, Smith attacked Thomas with a hammer, and, following a struggle over a loaded shotgun, Smith discharged the shotgun into Thomas’s leg. Thomas’s minor son (C.), was present. Smith was convicted of…
Date: June 8, 2016
Docket Number: 14-1266
Justia Opinion Summary: Painter was convicted, in 2007, of grand larceny, daytime burglary with breaking, petit larceny, two counts of first-degree murder, and possession of a stolen vehicle. His sentence included a prison term of life without…
Date: June 8, 2016
Docket Number: 15-0405
Date: June 8, 2016
Docket Number: 15-0518
Date: June 6, 2016
Docket Number: 14-1106
Justia Opinion Summary: Allegheny Country Farms entered into a contract to purchase a portion of Carper’s 33-acre property. The agreement was intended to resolve a boundary dispute. Before the conveyance was made, however, Carper sold her…
Date: June 6, 2016
Docket Number: 15-0376
Date: June 6, 2016
Docket Number: 15-0376
Justia Opinion Summary: In 2001, the decedent presented to the Wetzel County Hospital Emergency Room in New Martinsville and came under the care of Dr. Murthy, a surgeon; she slipped into shock and died the next day. Her estate filed a medical…
Date: June 6, 2016
Docket Number: 15-0522
Date: June 6, 2016
Docket Number: 15-0548
Date: June 6, 2016
Docket Number: 15-0801
Date: June 6, 2016
Docket Number: 15-0860
Date: June 6, 2016
Docket Number: 16-0142
Date: June 3, 2016
Docket Number: 14-0365
Date: June 3, 2016
Docket Number: 14-0862
Date: June 3, 2016
Docket Number: 14-1118
Date: June 3, 2016
Docket Number: 14-1118
Justia Opinion Summary: Hardy County emergency ambulance services were provided by a mix of paid and volunteer crews. In 2011, there were three crews, one of which sought funding from the County Commission to remain solvent. Although the…
Date: June 3, 2016
Docket Number: 14-1249
Date: June 3, 2016
Docket Number: 15-0021
Date: June 3, 2016
Docket Number: 15-0115
Justia Opinion Summary: In 2014, Shafer, a drug addict, his girlfriend, Hughes, also addicted to drugs, and their friend, Wilson, conspired to rob 66-year-old Lynch, who lived alone with her dog in St. Albans. They had learned that she had been…
Date: June 3, 2016
Docket Number: 15-0124
Justia Opinion Summary: Plaintiffs sued Sugar Rock, seeking a dissolution of partnerships, alleging them to be mining partnerships and attempted to obtain class action status. The circuit court granted plaintiffs partial summary judgment,…
Date: June 3, 2016
Docket Number: 15-0190
Justia Opinion Summary: The parties were divorced in 2012. The original order provided that, for tax exemption purposes, the father would claim Child B. and the mother would claim Child C. In 2014, mother sought modification of child support…
Date: June 3, 2016
Docket Number: 15-0195
Date: June 3, 2016
Docket Number: 15-0211
Justia Opinion Summary: In 2013, the petitioner was charged with nine counts involving his minor daughter, M.C., that pertained to three separate incidents of first-degree sexual assault (West Virginia Code 61-8B-3(a)(2)), sexual abuse by a…
Date: June 3, 2016
Docket Number: 15-0235
Date: June 3, 2016
Docket Number: 15-0281
Justia Opinion Summary: Petitioner has been employed by the Raleigh County Board of Education as a physical therapist since 1987. Her initial “Teacher’s Probationary Contract of Employment” provided that she would be paid an annual salary “for…
Date: June 3, 2016
Docket Number: 15-0342
Justia Opinion Summary: The Kanawha County Commission is a member of the Central West Virginia Regional Airport Authority, which owns and operates Yeager Airport. At the behest of the FAA, they began a project to remove a hill in Charleston's…
Date: June 3, 2016
Docket Number: 15-0345
Justia Opinion Summary: In 2004, the Petitioner was charged with sexual abuse in the first degree, attempt to commit a felony of sexual assault in the first degree, sexual assault in the first degree and sexual abuse by a custodian, based on…
Date: June 3, 2016
Docket Number: 15-0409
Date: June 3, 2016
Docket Number: 15-0442
Date: June 3, 2016
Docket Number: 15-0521
Date: June 3, 2016
Docket Number: 15-0524
Date: June 3, 2016
Docket Number: 15-0524
Justia Opinion Summary: Adams dropped out of school in the 11th grade, moved to West Virginia, and receives social security disability on the basis of severe hypertension, migraine headaches, and mild mental retardation with marginal…
Date: June 3, 2016
Docket Number: 15-0541
Date: June 3, 2016
Docket Number: 15-0585
Date: June 3, 2016
Docket Number: 15-0657
Date: June 3, 2016
Docket Number: 15-0689
Date: June 3, 2016
Docket Number: 15-0690
Date: June 3, 2016
Docket Number: 15-1003
Date: June 3, 2016
Docket Number: 15-1198
Justia Opinion Summary: Streets, a 32-year Berkeley County Sheriff’s Department veteran, was indicted for felony embezzlement and fraudulent schemes, with respect to 13 guns taken from the Department and sold to a gun dealer, Glockcop. He was…
Date: June 2, 2016
Docket Number: 14-1332
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