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
State of West Virginia v. William Trent Spaulding (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1081
Barry Lee Ayers v. W. Va. Dept. of Corrections (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1097
State of West Virginia v. Brandon George Sherrod (Memorandum Decision)
Date: November 19, 2012
Docket Number: 11-1121
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: J.M, C.H., B.H., and C.H. Jr., No. 12-0244 (Memorandum Decision)
Date: November 19, 2012
Docket Number: 12-0244
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 Number: 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...

State of West Virginia v. Matthew Jacob Hubley (Memorandum Decision)
Date: November 8, 2012
Docket Number: 11-0258
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...

SER Public Service Comm. of W. Va. v. Lackawann Transport (Separate)
Date: October 23, 2012
Docket Number: 12-0527
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. Michael James B., Sr. (Memorandum Decision)
Date: October 22, 2012
Docket Number: 11-0739
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
State of West Virginia v. Robert Edward Winters (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-1049
Mountain Am., LLC v. Huffman (Per Curiam Opinion)  
Date: October 19, 2012
Docket Number: 11-1057

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
Angela Christina Lambert v. Bruce Alan Lambert (Memorandum Decision)
Date: October 19, 2012
Docket Number: 11-1129
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
SER Robert Shirley v. Hon. David Sanders, Judge (Memorandum Decision)
Date: October 19, 2012
Docket Number: 12-0586
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
Michael Ray Prince Board of Education of Boone Co. (Memorandum Decision)
Date: September 24, 2012
Docket Number: 11-1300
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
Tony Christini v. Board of Ed. of W. Va., et al. (Memorandum Decision)
Date: September 4, 2012
Docket Number: 11-1060
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
SER David Munday v. Thomas McBride, Warden (Memorandum Decision)
Date: June 25, 2012
Docket Number: 11-1205
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
State of West Virginia v. Ronald B. Givens (Memorandum Decision)
Date: June 22, 2012
Docket Number: 11-0677
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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