Supreme Court of Appeals of West Virginia Decisions 2012

Opinions 1 - 500 of 956

Burke-Parsons-Bowlby Corp. v. Sandra D. Rice, Executrix (Separate)
Date: December 21, 2012
Docket Number: 11-0183

William R. Ward v. Evelyn Seifert, Warden (Memorandum Decision)
Date: December 7, 2012
Docket Number: 101620

Jessie Davis v. David Ballard, Warden (Memorandum Decision)
Date: December 7, 2012
Docket Number: 11-0508

Jonathan Ray Marcus v. Lori Ann Staubs (Separate)
Date: December 7, 2012
Docket Number: 11-0994

Jessie Davis v. David Ballard, Warden (Memorandum Decision)
Date: December 7, 2012
Docket Number: 11-1062

Keith William DeBlasio v. Virginia L. Stone, etc. (Memorandum Decision)
Date: December 7, 2012
Docket Numbers: 11-1152, 11-1153

Matthew Dulaney v. David O. Schles (Memorandum Decision)
Date: December 7, 2012
Docket Number: 11-1283

SER State Farm Mutual Automobile Ins. v. Hon. John Lewis Marks, Jr. (Separate)
Date: December 7, 2012
Docket Numbers: 12-0210, 12-0304

John C. Ellevan v. Adrian Hoke, Warden (Memorandum Decision)
Date: November 30, 2012
Docket Number: 101582

Quinton L. Peterson v. David Ballard, Warden (Memorandum Decision)
Date: November 30, 2012
Docket Number: 11-0552

Sharon Mueller v. Shepherd University (Memorandum Decision)
Date: November 30, 2012
Docket Number: 11-0567

Richard B. McNemar v. David Ballard, Warden (Memorandum Decision)
Date: November 30, 2012
Docket Number: 11-0606

William Thompson v. David Ballard, Warden (Memorandum Decision)
Date: November 30, 2012
Docket Number: 11-0645

Brenton Cory Rodeheaver v. Andrew Hale, Warden (Memorandum Decision)
Date: November 30, 2012
Docket Number: 11-0680

Steve Sayre v. Westfield Insurance Co. (Memorandum Decision)
Date: November 26, 2012
Docket Number: 11-1135

James H. Henick v. Fast-Track Anesthesia Assoc. (Memorandum Decision)
Date: November 26, 2012
Docket Number: 11-1145

State v. Kennedy (Signed Opinion)
Date: November 21, 2012
Docket Number: 11-0223

Justia Opinion Summary: Petitioner was convicted of first degree murder and sentenced to life in prison with mercy. This was Petitioner's second appeal of that conviction; his conviction was first upheld on direct appeal to the Supreme Court. I...

Halcomb v. Smith (Per Curiam Opinion)
Date: November 21, 2012
Docket Number: 11-0386

Justia Opinion Summary: In this appeal from the circuit court, a jury returned a verdict in favor of the plaintiff in a vehicle collision case. The plaintiff, a passenger in the back seat of a vehicle, was injured when the vehicle collided with...

Alicia K. Halcomb v. Christopher G. Smith (Separate)
Date: November 21, 2012
Docket Number: 11-0386

Bland v. State (Per Curiam Opinion)
Date: November 21, 2012
Docket Number: 11-0746

Justia Opinion Summary: Before the Supreme Court were consolidated appeals of three separate final orders of the circuit court. The appeals were made by Petitioners, state troopers or their survivors, and were as follows: (1) Petitioners appeal...

State v. Hartman (Signed Opinion)
Date: November 21, 2012
Docket Number: 11-0784

Justia Opinion Summary: Petitioner was convicted of burglary (against his father), battery of an elder person (against his father), and domestic assault (against his stepmother). All three convictions were the result of one trial and based upon...

State v. Farley (Per Curiam Opinion)
Date: November 21, 2012
Docket Number: 11-0803

Justia Opinion Summary: Petitioner entered a conditional guilty plea to first degree robbery. His guilty plea was conditioned upon an appeal to the Supreme Court concerning the circuit court's order denying his motion to suppress evidence obtai...

McBride v. Lavigne (Per Curiam Opinion)
Date: November 21, 2012
Docket Number: 11-0853

Justia Opinion Summary: The warden of a correctional complex appealed the decision of the circuit court vacating a conviction entered against Respondent for one count of sexual assault in the first degree, one count of child abuse resulting in...

Quicken Loans, Inc. v. Brown (Signed Opinion)
Date: November 21, 2012
Docket Number: 11-0910

Justia Opinion Summary: Quicken Loans, Inc., a Michigan corporation and a large national mortgage lender doing business in West Virginia, appealed an order of the circuit court denying post-trial motions for amendment of the circuit court's fin...

Martin v. Hamblet (Signed Opinion)
Date: November 21, 2012
Docket Number: 11-1157

Justia Opinion Summary: EQT Production Company was the lessee of an oil and gas lease. Matthew Hamblet was the surface owner of a parcel of property included within EQT's leasehold. EQT filed a permit application with the Office of Oil and Gas...

Sheriff Lonnie Hannah v. Max Jeremy Mounts (Memorandum Decision)
Date: November 21, 2012
Docket Number: 11-1206

In re D.P. (Per Curiam Opinion)
Date: November 21, 2012
Docket Number: 12-0141

Justia Opinion Summary: The Department of Health and Human Resources appealed a circuit court's order dismissing a petition alleging a father had abused and neglected his daughter. After vesting legal custody of the child with the child's grand...

State v. Jonathan B. (Signed Opinion)
Date: November 20, 2012
Docket Number: 11-0282

Justia Opinion Summary: Petitioner was convicted of second degree sexual assault, incest, detaining with intent to defile, and conspiracy. Petitioner filed a motion for a new trial, which the circuit court denied. Defendant appealed, arguing th...

Cunningham v. Herbert J. Thomas Mem'l Hosp. (Per Curiam Opinion)
Date: November 20, 2012
Docket Number: 11-0398

Justia Opinion Summary: Plaintiffs filed a medical malpractice action against a hospital, several doctors, and others. Two of the doctors were employed by a corporate entity and treated patients exclusively at the hospital in accordance with a...

State v. Surbaugh (Signed Opinion)
Date: November 20, 2012
Docket Number: 11-0561

Justia Opinion Summary: This case involved the appeal of Petitioner of her sentence of life without mercy imposed in the circuit court by order, as recommended by the jury which found Petitioner guilty of first degree murder. Petitioner assigne...

State of West Virginia v. Robert Frazier (Separate)
Date: November 20, 2012
Docket Number: 11-0691

State v. Frazier (Signed Opinion)
Date: November 20, 2012
Docket Number: 11-0691

Justia Opinion Summary: Defendant was convicted of the second degree murder of his former girlfriend. Defendant appealed, submitting several assignments of error. The State conceded error with regard to two of those assignments but argued that...

In re K.R. (Signed Opinion)
Date: November 20, 2012
Docket Number: 11-0961

Justia Opinion Summary: Petitioner appealed the circuit court's order granting permanent guardianship of her two children to Respondent, their paternal grandmother. Petitioner asserted that the circuit court erred in exercising jurisdiction und...

Jeffrey Jenkins v. City of Elkins, et al. (Separate)
Date: November 20, 2012
Docket Number: 11-1059

William Mark Johnson v. David Ballard, Warden (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-0209

Cami Watkins v. Reckart Equipment (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-0688

Donald W. v. Warden David Ballard (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-0817

Richard Paulding v. Marvin Plumley, Warden (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1000

Barry Lee Ayers v. W. Va. Dept. of Corrections (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1097

State of West Virginia v. Thomas A. Jenkins, II (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1141

Charles T. Miller, Jr. v. Michael C. Miller (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1184

Floid Posey v. Deputy Robert E. Davis, et al. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1204

State of West Virginia v. Kevin C. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1233

Westfield Insurance v. Michael Azumah (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1245

C.V v. B.V. and W.V. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1250

State of West Virginia v. Jerry Lee Wigal (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1297

State of West Virginia v. Jacob Hubbard (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1415

SER Donald Lee Taylor v. Marvin Plumley, Warden (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1565

In Re: K.C. and D.B. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0320

In Re: B.K. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0510

In Re: F.W. Jr., F.W. and S.C. (Memorandum Decision)
Date: November 19, 2012
Docket Numbers: 12-0514, 12-0535

In Re: B.P. and K.P. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0598

In Re: L.S., B.S., E.J. and L.J. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0600

In Re: J.K. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0612

In Re: K.D., A.D. and K.D. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0622

In Re: J.K. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0629

In Re: A.J., P.J. Jr., and S.J. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0640

In Re: L.M. and S.M. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0646

In Re: K.C. and S.G. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0661

In Re: A.L., M.C., D.M., J.S. and N.S. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0673

In Re: H.R. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0682

In Re: H.R. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0714

In Re: A.D. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0779

In Re: K.M. and J.L. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0780

In Re: M.S., M.S., M.S., M.S. and M-A.S (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0806

In Re: M.T. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0807

In Re: D.W. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0819

In Re: A.B. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0821

In Re: J.B. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0828

In Re: D.R., C.R. and H.R. (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0848

State of West Virginia v. Joshawa Clark (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-0643

Roger Simmons v. Marvin Plumley, Warden (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-0759

State of West Virginia v. Charles K. Stone (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-1120

State Farm Mutual Automobile Ins. v. Jill F. Schatken (Separate)
Date: November 16, 2012
Docket Number: 11-1142

State Farm Mut. Auto. Ins. Co. v. Schatken (Signed Opinion)
Date: November 16, 2012
Docket Number: 11-1142

Justia Opinion Summary: Plaintiffs were injured when their vehicle was struck by a vehicle driven by Ida Trayter. Trayter's insurer tendered its liability limits, after which Plaintiffs sought underinsured motorist coverage from their insurer,...

James M. Pierson v. Michelle Lee Richards, etc. (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-1144

Robert Cawthon, et al. v. CNX Gas Company (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-1231

REM Community Options v. Laura W. Cain (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-1236

Alfred Gray v. David Ballard, Warden (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-1327

John A. Jewell v. Bruce Petersen, D.O., et al. (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-1354

State of West Virginia v. Adam Leatherman (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-1505

Barbara Banister v. Town of Rowlesburg (Memorandum Decision)
Date: November 16, 2012
Docket Number: 11-1655

Cynthia S. Lewis v. W. Va. Office of Insurance Commission (Memorandum Decision)
Date: November 16, 2012
Docket Numbers: 11-1689, 11-1722

Jeffrey Alan Hylton v. Wetzel Bennett, et al. (Memorandum Decision)
Date: November 16, 2012
Docket Number: 12-0194

In Re: W.S., W.V. and A.R. (Memorandum Decision)
Date: November 16, 2012
Docket Number: 12-0464

State v. McGill (Signed Opinion)
Date: November 15, 2012
Docket Number: 11-0261

Justia Opinion Summary: Petitioner pled guilty to the offense of escape from custody. Thereafter, Petitioner appealed his conviction pursuant to the sentencing order of the circuit court, contending that the court lacked jurisdiction to accept...

Grayiel v. Appalachian Energy Partners 2001-D, LLP (Per Curiam Opinion)
Date: November 15, 2012
Docket Number: 11-0371

Justia Opinion Summary: This case was before the Supreme Court upon the appeal of Petitioner from an order of the circuit court granting Respondents' motion for summary judgment and dismissing Petitioner's lawsuit. The court ruled that arbitrat...

R.K. v. St. Mary's Medical Center (Separate)
Date: November 15, 2012
Docket Number: 11-0924

R.K. v. St. Mary's Med. Ctr., Inc. (Signed Opinion)
Date: November 15, 2012
Docket Number: 11-0924

Justia Opinion Summary: After Plaintiff learned his confidential medical and psychological information at St. Mary's Medical Center had been improperly accessed, Plaintiff filed several state-law claims against St. Mary's. The circuit court gra...

Bonnie and Gary Toothman v. Kari Lynn Jones (Memorandum Decision)
Date: November 15, 2012
Docket Number: 11-0960

Marcus v. Staubs (Per Curiam Opinion)
Date: November 15, 2012
Docket Number: 11-0994

Justia Opinion Summary: This case involved an automobile accident which resulted in the death of fourteen-year-old Samantha Staubs and serious injury to her sister, thirteen-year-old Jessica Staubs. Both were passengers in a vehicle stolen and...

Jenkins v. City of Elkins (Signed Opinion)
Date: November 15, 2012
Docket Number: 11-1059

Justia Opinion Summary: Plaintiff was injured in an automobile accident with Stephen Stanton. At the time, Plaintiff was operating a vehicle owned by his employer, Bambardier Aerospace Corporation, and Stanton was driving a vehicle owned by his...

SER State Farm Mutual Automobile Ins. v. Hon. John Lewis Marks, Jr. (Separate)
Date: November 15, 2012
Docket Numbers: 12-0210, 12-0304

State ex rel. State Farm Mut. Auto. Ins. Co. v. Circuit Court (Signed Opinion)
Date: November 15, 2012
Docket Numbers: 12-0210, 12-0304

Justia Opinion Summary: In the instant case, the Supreme Court was once again asked to consider whether medical protective orders are valid and enforceable to limit the dissemination and retention of medical records obtained through discovery....

Dan Ryan Builders, Inc. v. Nelson (Signed Opinion)
Date: November 15, 2012
Docket Number: 12-0592

Justia Opinion Summary: The United States court of appeals certified a question to the West Virginia Supreme Court that concerned two areas of state law: the law of contract formation and the doctrine of unconscionability. The question from the...

Justice v. W. Va. Office Ins. Comm'n (Signed Opinion)
Date: November 14, 2012
Docket Number: 11-0113

Justia Opinion Summary: Petitioner appealed an order of the West Virginia Workers' Compensation Board of Review through which Petitioner's permanent total disability (PTD) award previously granted was suspended and vacated. Petitioner challenge...

In re T.W. (Signed Opinion)
Date: November 14, 2012
Docket Number: 11-1628

Justia Opinion Summary: This was an appeal by Petitioner from an order of the circuit court accepting the voluntary relinquishment of parental rights by Father to his two eldest children and dismissing his two youngest children from the case. P...

Dean v. State (Signed Opinion)
Date: November 9, 2012
Docket Number: 11-0283

Justia Opinion Summary: As a result of a criminal investigation, Petitioner and others were arrested at Petitioner's home. Petitioner was prosecuted in federal court. The State filed a petition for forfeiture of the property owned by Petitioner...

Hinerman v. Rodriguez (Per Curiam Opinion)
Date: November 9, 2012
Docket Number: 11-0595

Justia Opinion Summary: This appeal concerned the sale of a residence. The buyers, the plaintiffs below, sought compensatory and punitive damages from the sellers regarding water leakage in a basement storage room of the residence the buyers pu...

Ron & Rhonda Durham v. Freddie & Elisha Jenkins (Separate)
Date: November 9, 2012
Docket Number: 11-0745

Durham v. Jenkins (Signed Opinion)
Date: November 9, 2012
Docket Number: 11-0745

Justia Opinion Summary: After Petitioner's dog, a Rotweiller mix, attacked Respondents' two-year-old daughter, causing serious injuries, Respondents brought a civil suit under W. Va. Code 19-20-20 against Petitioners requesting that the magistr...

Lawyer Disciplinary Board v. D. Michael Burke (Separate)
Date: November 9, 2012
Docket Number: 11-0813

Lawyer Disciplinary Board v. D. Michael Burke (Per Curiam Opinion)
Date: November 9, 2012
Docket Number: 11-0813

David Ballard, Warden v. David Lee Hurt (Separate)
Date: November 9, 2012
Docket Number: 11-0816

Ballard v. Hurt (Per Curiam Opinion)
Date: November 9, 2012
Docket Number: 11-0816

Justia Opinion Summary: After a second trial, Respondent was found guilty of first-degree murder and sentenced to life in prison with mercy. The circuit court subsequently granted Respondent habeas corpus relief, finding that Respondent's couns...

State of West Virginia v. Samuel S. (Memorandum Decision)
Date: November 9, 2012
Docket Number: 11-0877

Ya Mei Y. Chen v. Ming Chung Chen (Memorandum Decision)
Date: November 9, 2012
Docket Number: 11-1056

N.H. Ins. v. RRK., Inc. (Per Curiam Opinion)
Date: November 9, 2012
Docket Number: 11-1099

Justia Opinion Summary: Petitioner, New Hampshire Insurance Company, appealed an order of the circuit court granting partial summary judgment in favor of Respondent, RRK, Inc., finding that pursuant to the commercial marine property insurance p...

In re Aaron H. (Per Curiam Opinion)
Date: November 9, 2012
Docket Number: 11-1394

Justia Opinion Summary: This was an appeal by Petitioner from an order of the circuit court placing Petitioner's grandson, Aaron H., a minor, in the home of his foster parents for the purpose of adoption. Petitioner contended he should have bee...

Hose v. Estate of Hose (Signed Opinion)
Date: November 9, 2012
Docket Number: 11-1400

Justia Opinion Summary: Plaintiffs, the grandchildren of Larry Hose, filed the instant action against Anthony Hose, individually and as administrator of the estate of Larry Hose, alleging that Plaintiffs were sexually and physically abused by L...

In Re: Miranda W. (Memorandum Decision)
Date: November 9, 2012
Docket Number: 12-0383

State ex rel. Mass. Mut. Life Ins. v. Circuit Court (Per Curiam Opinion)
Date: November 9, 2012
Docket Number: 12-0699

Justia Opinion Summary: This case was before the Supreme Court for a second time. Here the case was before the Court on a petition for writ of prohibition brought by Massachusetts Mutual Life Insurance Company (MassMutual) seeking to prohibit t...

Holland v. Miller (Signed Opinion)
Date: November 8, 2012
Docket Number: 11-1241

Justia Opinion Summary: Petitioner appealed an order of the circuit court denying his petition for a writ of prohibition. Petitioner had sought extraordinary relief in the court below in an effort to stop the Commissioner of the West Virginia D...

State ex rel. Davis v. Circuit Court (Fox) (Signed Opinion)
Date: November 8, 2012
Docket Number: 12-0603

Justia Opinion Summary: Through means of a writ of prohibition, Petitioner, a county prosecuting attorney, sought to prevent the enforcement of the order of the circuit court dismissing one count of felony murder from the indictment returned ag...

Burke-Parsons-Bowlby Corp. v. Rice (Signed Opinion)
Date: November 7, 2012
Docket Number: 11-0183

Justia Opinion Summary: Plaintiff filed a complaint against The Burke-Parsons-Bowlby Corporation, Stella-Jones U.S. Holding Corporation, and Stella-Jones, Inc. (collectively, Defendants) alleging that Defendants unlawfully terminated his employ...

Benjamin Beverly v. Gary Kent and Miki Thompson (Separate)
Date: November 7, 2012
Docket Number: 11-1188

Victoria Drumheller v. James and Diane Fillinger (Separate)
Date: October 25, 2012
Docket Number: 11-0681

Drumheller v. Fillinger (Signed Opinion)
Date: October 25, 2012
Docket Number: 11-0681

Justia Opinion Summary: Petitioner Victoria Drumheller and three corporate entities sought relief from the default judgment entered against them by the circuit court in connection with a breach of contract action filed by Respondents James and...

In Re: Eldon J.H. v. Mary J.H. (Memorandum Decision)
Date: October 25, 2012
Docket Number: 11-1134

In Re: C.B.1, C.B.2 and B.B. (Memorandum Decision)
Date: October 25, 2012
Docket Number: 11-1349

State v. Davis (Per Curiam Opinion)
Date: October 24, 2012
Docket Number: 11-0587

Justia Opinion Summary: Defendant appealed a circuit court order affirming a magistrate court's ruling that she obstructed a police officer in violation of W. Va. Code 61-5-17(a). Defendant admitted she lied to a police officer during the cours...

State ex rel. Town of Pratt v. Circuit Court (Stucky) (Per Curiam Opinion)
Date: October 24, 2012
Docket Number: 12-0442

Justia Opinion Summary: This action arose from modifications resulting from landfill activity made to real property that was adjacent to the property of Respondents. Respondents filed a complaint against the Town of Pratt and others, alleging t...

State ex rel. Pub. Serv. Comm'n v. Lackawann Transp. Co. (Per Curiam Opinion)
Date: October 23, 2012
Docket Number: 12-0527

Justia Opinion Summary: Petitioners, the Public Service Commission of West Virginia and the Wetzel County Solid Waste Authority, sought to compel Respondents, Lackawanna Transport Company and Solid Waste Services, Inc., to comply with an order...

Rodney Mills v. Dan Ryan Builders, et al. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 11-0254

State of West Virginia v. Lee R. M. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 11-1010

Kevin F. Fortney v. Evelyn Seifert, Warden (Memorandum Decision)
Date: October 22, 2012
Docket Number: 11-1143

Benny K. v. Marvin Plumley, Warden (Memorandum Decision)
Date: October 22, 2012
Docket Number: 11-1264

State of West Virginia v. James Sandridge (Memorandum Decision)
Date: October 22, 2012
Docket Number: 11-1322

Richard Ringer v. Joseph John (Memorandum Decision)
Date: October 22, 2012
Docket Number: 11-1325

In Re: K.C. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0031

In Re: C.W. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0088

In Re: G.R. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0102

In Re: D.D. and T.D. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0103

In Re: J.H. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0181

In Re: L.B. and M.L. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0278

In Re: S.F., A.B. and C.B. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0489

In Re: T.H., D.E. and D.H. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0647

In Re: D.S., C.B., A.B. and E.S. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0672

In Re: T.W. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0700

In Re: C.D. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0721

In Re: C.D. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0722

In Re: A.C. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 12-0726

City of Charleston v. Richard Lee Gravely (Memorandum Decision)
Date: October 19, 2012
Docket Number: 101635

Jack Adam Teel v. David Ballard, Warden (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-0204

State v. Welch (Signed Opinion)
Date: October 19, 2012
Docket Number: 11-0459

Justia Opinion Summary: This was a criminal appeal by Defendant from an order of the circuit court sentencing him to life imprisonment without parole for first degree murder, ten to twenty-five years imprisonment on each of nine counts of sexua...

David Eilola v. William Haines, Warden (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-0484

Allen V. Davis v. Eric Harrison (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-0569

State v. Finley (Per Curiam Opinion)
Date: October 19, 2012
Docket Number: 11-0622

Justia Opinion Summary: A jury convicted Defendant of the first degree murder of his wife with a finding that a firearm had been used in the commission of the murder. The circuit court then sentenced Defendant to life imprisonment without the p...

Hicks v. Mani (Signed Opinion)
Date: October 19, 2012
Docket Number: 11-0748

Justia Opinion Summary: Petitioners asked the circuit court to declare that the West Virginia Consolidated Public Retirement Board could not impose disability re-certification requirements of an amended statute and new rule upon them. The circu...

Hominy Creek Pres. Ass'n v. W. Va. Dep't of Env't Prot. (Per Curiam Opinion)
Date: October 19, 2012
Docket Number: 11-0749

Justia Opinion Summary: In 2010, the Surface Mine Board ordered the State Department of Environmental Protection (DEP) to pay the Hominy Creek Preservation Association's attorney fees for work performed in two administrative appeals. Eighty-two...

Craig S. Swick v. Howard Painter, Warden (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-0824

Allen Longwell v. David Ballard, Warden (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-0912

Leonidas M. Schwartz v. Donald B. Moore, Jr. (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-0986

Mountain Am., LLC v. Huffman (Per Curiam Opinion)
Date: October 19, 2012
Docket Numbers: 11-1057, 11-1058

Justia Opinion Summary: In these consolidated cases, Petitioners Mountain America, LLC, et al. (hereinafter "Mountain America") appealed from orders entered by the circuit court denying Mountain America's appeals from its ad valorem property ta...

Craig Diggins, et al. v. River Ridge Property Owners Assoc. (Memorandum Decision)
Date: October 19, 2012
Docket Numbers: 11-1098, 12-0382

Saad's Food v. Verizon West Virginia (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-1133

Beverly v. Kent (Per Curiam Opinion)
Date: October 19, 2012
Docket Number: 11-1188

Justia Opinion Summary: Defendant and Plaintiffs were co-guarantors of a promissory note signed to obtain a bank loan to pay the debts of the parties' failed corporation. Plaintiffs paid the note from their personal funds. Plaintiffs then filed...

Anthony Pfeffer v. Adrian Hoke, Warden (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-1341

Vickie L. Akers v. CSX Transportation (Memorandum Decision)
Date: September 25, 2012
Docket Number: 11-0385

Feroleto Steel Co. v. Oughton (Signed Opinion)
Date: September 25, 2012
Docket Number: 11-0666

Justia Opinion Summary: Petitioner, Feroleto Steel Company, did business in cutting large steel coils into smaller widths as specified by Petitioner's customers. The tax commissioner denied Petitioner an exemption from ad valorem property taxat...

Meadows v. Massey Coal Servs. (Signed Opinion)
Date: September 24, 2012
Docket Number: 11-0631

Justia Opinion Summary: Plaintiff was a dump truck driver employed by Independence Coal Company when he suffered a work-related injury. Plaintiff filed a deliberate intent action alleging that Independence created three unsafe work conditions t...

Neil Williams v. David Ballard, Warden (Memorandum Decision)
Date: September 24, 2012
Docket Number: 11-0889

Sherri Shumate v. Raleigh Co. Board of Education (Memorandum Decision)
Date: September 24, 2012
Docket Number: 11-1298

Randall Jachelski v. Adrian Hoke, Warden (Memorandum Decision)
Date: September 24, 2012
Docket Number: 11-1443

State of West Virginia v. Delbert Ratliff, etc. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 11-1468

In Re: Y.F. and S.F. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 11-1536

Arthur H. v. Lillian H. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 11-1751

In Re: N.C. and B.B. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0250

In Re: A.L., K.R. and B.L. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0336

In Re: P.B. and J.B., Jr. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0402

In Re: J.S. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0412

In Re: B.B. and J.B. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0460

In Re: C.H., G.M., L.H. and S.M. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0465

In Re: H.C. and S.C. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0471

In Re: D.C. and C.C. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0474

In Re: C.C., C.W. and M.A. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0483

In Re: J.H., C.H. and P.H. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0568

In Re: J.H., C.H. and P.H. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0569

In Re: Z.C. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0581

In Re: O.M. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 12-0591

McKimmon Graham et al. v. Wilson B. Rider (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-0999

State of West Virginia v. John C. James (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1009

Harold L. Cyrus v. David Ballard, Warden (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1041

State of West Virginia v. Christopher Snapp (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1077

State of West Virginia v. James Mongold (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1095

State of West Virginia v. Gregory Jeffries (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1115

State of West Virginia v. David Light (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1124

Elmer Castle v. Adrian Hoke, Warden (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1154

Joseph F. John v. Richard Ringer (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1185

State of West Virginia v. Dallas Wade Butler (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1191

State of West Virginia v. Eric Troy Schlichting (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1276

State of West Virginia v. Benjamin J. Todd (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1277

SER Bobby Stotler v. David Ballard, Warden (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1282

In Re: K.B. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 11-1676

In Re: D.F. III, M.F. and K.D. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0055

In Re: J.W and L.W. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0057

In Re: K.D. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0062

In Re: C.M. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0074

In Re: J.F. and A.F. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0097

In Re: L.P. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0110

In Re: R.C. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0229

In Re: C.P. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0231

In Re: D.T. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0257

In Re: B.T.C. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0279

In Re: B.H., A.H., A.H. and J.H. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0303

In Re: C.L., T.S. and S.H. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0309

In Re: B.H., A.H., A.H. and J.H. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0313

In Re: P.L. and K.L. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0366

In Re: R.B. and F.B. Jr. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0384

In Re: D.M., P.M. and L.M. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0386

In Re: R.B. and F.B. Jr. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0387

In Re: B.C., N.C., A.C. and M.C. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0395

In Re: B.J. and C.H. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0403

In Re: O.J. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0426

In Re: A.H., T.H. and I.H. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0462

In Re: A.H., T.H. and I.H. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0466

In Re: M.M. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0491

In Re: J.W., L.W. and L.W. (Memorandum Decision)
Date: September 7, 2012
Docket Number: 12-0496

State ex rel. Loughry v. Tennant (Signed Opinion)
Date: September 7, 2012
Docket Number: 12-0899

Justia Opinion Summary: Petitioner, a candidate for the Supreme Court of Appeals of West Virginia, invoked the Supreme Court's original jurisdiction seeking a writ of mandamus to compel Respondents, including the secretary of state and members...

Tony Jean Walker v. Adrian Hoke, Warden (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-0122

Edward Jones v. Adrian Hoke, Warden (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-0396

Aaron H. v. Victoria H. (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-0450

Bryant K. Creighton Sr. v. Cecelia Visnic (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-0576

Larry K. Dailey v. James J. Ielapi, Warden (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-0646

Keith Burdette v. David Ballard, Warden (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-0708

Scott M. Snyder v. William M. Fox, Warden (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-1004

Ray M. Tatterson v. Columba Nwoko, et al. (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-1015

Aaron H. v. Victoria H. for Ernest R. (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-1103

Karl C. Finney v. David Ballard, Warden (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-1294

Joe E. Miller, Comm. DMV v. David K. Smith (Separate)
Date: July 20, 2012
Docket Number: 11-0147

Joe E. Miller, Comm. DMV v. Christopher L. Toler (Separate)
Date: July 20, 2012
Docket Number: 11-0352

SER Thornton Cooper v. Natalie E. Tennant, Sec. of State, etc. (Separate)
Date: July 20, 2012
Docket Numbers: 11-1405, 11-1447

David S. Branham v. Adrian Hoke, Warden (Memorandum Decision)
Date: July 3, 2012
Docket Number: 11-0706

Carson Anderson, Jr. v. Discover Bank (Memorandum Decision)
Date: July 3, 2012
Docket Number: 11-0864

Bradley Guthrie v. Hutchison Water Assoc. (Memorandum Decision)
Date: June 29, 2012
Docket Number: 11-0308

Anthony Pfeffer v. Thomas McBride, Warden (Memorandum Decision)
Date: June 29, 2012
Docket Number: 11-0370

Andrew Mugnano v. David Ballard, Warden (Memorandum Decision)
Date: June 29, 2012
Docket Number: 11-0464

The Darwin Corporation v. Patriot Mining (Memorandum Decision)
Date: June 27, 2012
Docket Number: 11-0285

In Re: Y.F. and S.F. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 11-1478

In the Interest of: C.G. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 11-1589

In Re: M.M., Jr. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 11-1599

In Re: M.W. and B.W. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 11-1669

In the Interest of: T.L. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 11-1697

In Re: P.D. and A.D. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 11-1698

In Re: W.S. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 11-1724

In Re: B.M. and M.M. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 11-1769

In Re: B.M. and M.M. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0013

In Re: A.T. and A.P. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0054

In Re: B.F., B.F., Jr. and E.F. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0079

In Re: M.M., Jr. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0112

In Re: K.W. and J.W. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0114

In Re: P.N., J.N. and M.N. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0158

In Re: T.F.-1, S.F. and T.F.-2 (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0170

In Re: T.F.-1, S.F. and T.F.-2 (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0171

In Re: A.H. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0225

In Re: H.G. and D.G. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0251

In Re: B.F., B.F., Jr. and E.F. (Memorandum Decision)
Date: June 25, 2012
Docket Number: 12-0258

State of West Virginia v. Nick Ryniawec (Memorandum Decision)
Date: June 22, 2012
Docket Number: 11-0341

Alan K. Vance v. John D. Smallridge, Jr. (Memorandum Decision)
Date: June 22, 2012
Docket Number: 11-0689

State of West Virginia v. Odell D. Morgan (Memorandum Decision)
Date: June 22, 2012
Docket Number: 11-0692

State of West Virginia v. Donald Good (Memorandum Decision)
Date: June 22, 2012
Docket Number: 11-0771

James C. Stewart v. Newtown Energy (Memorandum Decision)
Date: June 22, 2012
Docket Number: 11-0863

State of West Virginia v. Jason M. Payne (Memorandum Decision)
Date: June 22, 2012
Docket Number: 11-1042

State of West Virginia v. Jason M. Payne (Memorandum Decision)
Date: June 22, 2012
Docket Number: 11-1045

Frank Vetter v. Town of Moorefield (Memorandum Decision)
Date: June 22, 2012
Docket Number: 11-1353

In Re: E. B., a Minor (Separate)
Date: June 21, 2012
Docket Number: 101537

In re E.B. (Signed Opinion)
Date: June 21, 2012
Docket Number: 101537

Justia Opinion Summary: Infant was born with severe brain damage. Respondent, Infant's mother, on behalf of Infant, applied for and received Medicaid benefits from the West Virginia Department of Health and Human Resources (DHHR). Respondent la...

Miller v. Epling (Signed Opinion)
Date: June 21, 2012
Docket Number: 11-0353

Justia Opinion Summary: John Epling was arrested for driving a motor vehicle while under the influence of alcohol. The DUI charge against Epling was subsequently dismissed. Following an administrative hearing, the Commissioner of the Division o...

State v. Jenkins (Per Curiam Opinion)
Date: June 21, 2012
Docket Number: 11-0362

Justia Opinion Summary: In this appeal, Defendant challenged an order of the circuit court convicting him of felony murder and child neglect resulting in death and sentencing him to life with mercy for the felony-murder conviction and a consecu...

State v. Stone (Signed Opinion)
Date: June 21, 2012
Docket Number: 11-0519

Justia Opinion Summary: Appellant was convicted and sentenced on twenty-six charges stemming from an alcohol-related automobile accident in which five people died and seven others were injured. The Supreme Court affirmed in part and reversed in...

Goff v. Penn Mut. Life Ins. Co. (Signed Opinion)
Date: June 21, 2012
Docket Number: 11-1020

Justia Opinion Summary: As the primary beneficiary under an insurance policy issued by Appellee Penn Mutual Life Insurance Company, Appellant Roger Goff brought a cause of action under the West Virginia Unfair Trade Practices Act, asserting tha...

State ex rel. Affiliated Constr. Trades v. Circuit Court (Stucky) (Per Curiam Opinion)
Date: June 21, 2012
Docket Number: 11-1690

Justia Opinion Summary: Petitioner, The Affiliated Construction Trades Foundation (ACT), filed a declaratory judgment action seeking a declaration that a public highway construction contract awarded to Respondent, Nicewonder Contracting, Inc.,...

State of West Virginia v. Brent Levi McGilton (Separate)
Date: June 19, 2012
Docket Number: 11-0410

State v. McGilton (Signed Opinion)
Date: June 19, 2012
Docket Number: 11-0410

Justia Opinion Summary: Petitioner Brent McGilton was convicted by a jury of three counts of malicious assault against his wife, Angela McGilton. Petitioner appealed, arguing that the circuit court violated his double jeopardy protections by se...

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