Supreme Court of Appeals of West Virginia Decisions 2012

Opinions 501 - 956 of 956

Armstrong v. Div. of Culture & History (Per Curiam Opinion)  
Date: June 18, 2012
Docket Number: 11-0698

Justia Opinion Summary: Petitioner was employed by the West Virginia Division of Culture and History (Division) as an at will employee. Petitioner was later terminated from his employment. Petitioner filed a grievance with the Public Employees…

Miller v. Wood (Signed Opinion)  
Date: June 18, 2012
Docket Number: 11-0815

Justia Opinion Summary: These two consolidated appeals, brought by the Commissioner of the West Virginia Division of Motor Vehicles, challenged two separate orders of the circuit court holding that the nolo contendere pleas of Respondents did…

Bowens v. Allied Warehousing Servs. (Signed Opinion)  
Date: June 15, 2012
Docket Number: 11-0210

Justia Opinion Summary: This appeal was brought by Appellant following two separate orders of the circuit court granting summary judgment to Allied Warehousing Services, Inc., the Appellee, dismissing Appellant's workers' compensation fraud and…

Watkins v. McDowell County Bd. of Educ. (Per Curiam Opinion)  
Date: June 14, 2012
Docket Number: 11-0420

Justia Opinion Summary: Appellant Lola Watkins appealed a final order entered in the circuit court, which affirmed a decision by the ALJ of the West Virginia Public Employees Grievance Board denying Appellant's grievance of her termination from…

State v. Bostic (Signed Opinion)  
Date: June 14, 2012
Docket Number: 11-0617

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to the misdemeanor offense of sexual abuse in the second degree. Defendant was sentenced to a term of twelve months in jail and was required to register as a sex…

State ex rel. Thompson v. Ballard (Per Curiam Opinion)  
Date: June 13, 2012
Docket Number: 11-0307

Justia Opinion Summary: Petitioner Charles Thompson was convicted of sexual abuse in the first degree, sexual abuse by a custodian, and sexual abuse in the third degree. The Supreme Court denied Petitioner's direct appeal. Petitioner then filed…

State of West Virginia v. Jason Gillispie (Memorandum Decision)
Date: June 13, 2012
Docket Number: 11-0478
Tudor's Biscuit World of Am. v. Critchley (Per Curiam Opinion)  
Date: June 13, 2012
Docket Number: 11-0543

Justia Opinion Summary: Defendant, Tudor's Biscuit World of America, appealed the circuit court's order denying its motion to alter or amend the court's order denying its motion to set aside the default judgment rendered against it in this…

State of West Virginia v. Marcella Lorenza Dunbar (Separate)
Date: June 13, 2012
Docket Number: 11-0555
State v. Dunbar (Per Curiam Opinion)  
Date: June 13, 2012
Docket Number: 11-0555

Justia Opinion Summary: Petitioner Marcella Dunbar appealed from an order of the circuit court accepting Petitioner's plea to the charge of possession of a controlled substance with intent to deliver and sentencing Petitioner to incarceration…

State ex rel. Johnson Controls, Inc. v. Circuit Court (Tucker) (Signed Opinion)  
Date: June 13, 2012
Docket Number: 11-1515

Justia Opinion Summary: At issue in this construction lawsuit was whether the circuit court erred in refusing to compel a plaintiff corporation to arbitrate its claims against three defendant corporations. The circuit court had previously…

Brown v. Genesis Healthcare Corp. (Signed Opinion)  
Date: June 13, 2012
Docket Number: 35494

Justia Opinion Summary: This case was a consolidation of three separate wrongful death lawsuits. Each lawsuit arose from a nursing home's attempt to compel a plaintiff to participate in arbitration pursuant to a clause in a nursing home…

T.H. v. D.K. and R.R. (Separate)
Date: June 12, 2012
Docket Number: 11-0110
T.H. v. D.K. (Per Curiam Opinion)  
Date: June 12, 2012
Docket Number: 11-0110

Justia Opinion Summary: Petitioner was the mother of six children, three of whom were minors. Respondents were Mother's ex-husbands and fathers to the minor children. Upon her divorces, Mother received primary custody of the minor children.…

Bansbach v. Harbin (Signed Opinion)  
Date: June 12, 2012
Docket Number: 11-0355

Justia Opinion Summary: Petitioners Robert and Rickie Bansbach sought injunctive relief in connection with allegations that their neighbors, Respondents Daniel Harbin and Mary Fanok, were engaging in conduct which constituted both a nuisance…

Estate of Fussell v. Fortney (Signed Opinion)  
Date: June 12, 2012
Docket Number: 11-0428

Justia Opinion Summary: In this matter the Supreme Court considered whether a decedent's will that directed "all my just debts be paid as soon as conveniently possible after the date of my death" obligated the decedent's estate to pay the…

State ex rel. McGraw v. Circuit Court (King) (Per Curiam Opinion)  
Date: June 12, 2012
Docket Number: 11-1644

Justia Opinion Summary: Petitioner Darrell McGraw, state attorney general, sought a writ of prohibition directed to Respondent Charles King, judge of the circuit court, to enjoin enforcement of an order dismissing Petitioner's action seeking…

State ex rel. Plants v. Circuit Court (Webster) (Per Curiam Opinion)  
Date: June 12, 2012
Docket Number: 12-0404

Justia Opinion Summary: Petitioner was prosecuting attorney for Kanawha County. Respondent was a circuit judge in Kanawha County. Respondent was a defendant in a murder prosecution pending in the County. Petitioner requested a writ of…

In re Fouty (Per Curiam Opinion)  
Date: June 12, 2012
Docket Number: 12-0446

Justia Opinion Summary: By the Supreme Court's order, Magistrate Carol Fouty was suspended without pay from her position as magistrate following a finding of probable cause that Fouty had engaged or was currently engaged in a serious violation…

City of New Martinsville v. Pub. Serv. Comm'n (Per Curiam Opinion)  
Date: June 11, 2012
Docket Numbers: 11-1738, 11-1739

Justia Opinion Summary: Ruling on a joint petition for declaratory order filed by Monongahela Power Company and Potomac Edison Company ("The Utilities"), The Public Service Commission of West Virginia held that the alternative and renewable…

Kimberly D. Debrosky v. John C. Walt (Memorandum Decision)
Date: June 8, 2012
Docket Number: 11-0322
Mayle v. Mayle (Per Curiam Opinion)  
Date: June 8, 2012
Docket Number: 11-0344

Justia Opinion Summary: After an approximately twenty-one year marriage, Constance Mayle and Mark Mayle were divorced. The family court ordered Mark to pay Constance permanent spousal support in the amount of $5,500 per month, with an…

State v. Griffy (Per Curiam Opinion)  
Date: June 8, 2012
Docket Number: 11-0533

Justia Opinion Summary: Petitioner David Griffy pleaded guilty to two counts of grand larceny and was sentenced to two indeterminate one-to-ten year terms of imprisonment. Griffy subsequently filed a motion for reconsideration of sentence and a…

In Re: The Adoption of A.P.S. (Memorandum Decision)
Date: June 8, 2012
Docket Number: 11-0630
Todd M. Jack v. Navy Federal Credit Union (Memorandum Decision)
Date: June 8, 2012
Docket Number: 11-0637
Terry Humphrey v. David Ballard, Warden (Memorandum Decision)
Date: June 8, 2012
Docket Number: 11-0641
H. Dennis Long v. Howard W. Long, et al. (Memorandum Decision)
Date: June 8, 2012
Docket Number: 11-0865
State v. Scarbro (Per Curiam Opinion)  
Date: June 7, 2012
Docket Number: 11-0090

Justia Opinion Summary: After a jury trial, Petitioner Samuel Scarbro was convicted in the circuit court of the felony offense of fraudulent use of a bank conveyance or access device. At issue on appeal was whether the circuit court erred in…

Miller v. Smith (Signed Opinion)  
Date: June 7, 2012
Docket Number: 11-0147

Justia Opinion Summary: After being stopped and arrested for DUI at a safety checkpoint established by state police, David Smith's license was administratively revoked. On administrative appeal, the DMV Commissioner found that the initial…

J.S. v. Hardy (Per Curiam Opinion)  
Date: June 7, 2012
Docket Number: 11-0273

Justia Opinion Summary: Petitioner, J.S., was a thirteen-year-old boy who suffered from cerebral policy. Through his mother, J.S. submitted an authorization request for a power wheelchair with fifty-five accessories to the respondent, the state…

CSX Transportation v. Angela Smith (Separate)
Date: June 7, 2012
Docket Number: 11-0694
CSX Transp., Inc. v. Smith (Per Curiam Opinion)  
Date: June 7, 2012
Docket Number: 11-0694

Justia Opinion Summary: Plaintiff Angela Smith filed a complaint against her employer, CSX Transportation, Inc., alleging sexual harassment, hostile work environment, constructive discharge, retaliation for her complaints of sexual harassment,…

Joe E. Miller, Comm. DMV v. Christopher L. Toler (Separate)
Date: June 6, 2012
Docket Number: 11-0352
Miller v. Toler (Signed Opinion)  
Date: June 6, 2012
Docket Number: 11-0352

Justia Opinion Summary: Respondent Christopher Toler's driver's license was revoked by the Commissioner of the Division of Motor Vehicles after Respondent's vehicle was stopped at a vehicle equipment checkpoint and Respondent was arrested for…

Savard v. Cheat River Outfitters, Inc. (Per Curiam Opinion)  
Date: June 6, 2012
Docket Number: 11-0430

Justia Opinion Summary: After Vicki Savard drowned in a whitewater rafting accident, Petitioner, the personal representative of Savard's estate, filed a wrongful death complaint against a rafting company, its CEO, and three river guides,…

Michael V. Coleman, Warden v. Michael Brown (Separate)
Date: June 1, 2012
Docket Number: 11-0378
Coleman v. Brown (Per Curiam Opinion)  
Date: June 1, 2012
Docket Number: 11-0378

Justia Opinion Summary: In the underlying action in this case, Respondent Michael Brown was convicted of murder in the first degree and sentenced to two consecutive terms of life imprisonment. Respondent filed a petition for writ of habeas…

State v. Myers (Per Curiam Opinion)  
Date: June 1, 2012
Docket Number: 11-0497

Justia Opinion Summary: Petitioner Tony Myers was convicted of three counts of first degree robbery and was sentenced to three concurrent terms of incarceration of sixty years each. The Supreme Court affirmed, holding that the circuit court did…

Craig A. Griffith, Tax Comm. v. Conagra Brands, Inc. (Separate)
Date: May 30, 2012
Docket Number: 11-0252
Cline v. Kresa-Reahl (Signed Opinion)  
Date: May 29, 2012
Docket Number: 11-0351

Justia Opinion Summary: Petitioner, the executrix of the estate of Henry Cline, filed a complaint against Respondent, Dr. Kiren Kresa-Reahl, alleging that Respondent negligently failed to advise the decedent of the availability of certain…

Century Aluminum of W. Va. v. Jackson Co. Commission (Separate)
Date: May 29, 2012
Docket Number: 11-0590
Century Aluminum of W. Va., Inc. v. County Comm'n (Signed Opinion)  
Date: May 29, 2012
Docket Number: 11-0590

Justia Opinion Summary: After the State Tax Commissioner (Tax Department) appraised Century Aluminum of West Virginia's aluminum plant, Century Aluminum objected to the valuations. The Jackson County Commission sitting as a Board of…

State of West Virginia v. Keith Cox (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-0818
State of West Virginia v. H.M.B. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-0941
Gary and Inis Evans v. Dominick LaRosa (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1107
Gary and Inis Evans v. Dominick LaRosa (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1108
In Re: A.M., J.P. and J.G. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1370
In Re: M.M. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1407
In Re: E.A., L.A., R.A. and B.A. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1417
In the Interest of: D.W. and M.W. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1466
In Re: O.E. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1472
In Re: B.S. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1513
In Re: K.A.O., K.O., A.D. and D.D. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1520
In the Interest of: C.T., J.T. and S.T. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1551
In the Interest of: C.T., J.T. and S.T. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1553
In Re: G.D., J.D., K.D., N.D. and S.D. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1561
In Re: R.H. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1598
In Re: L.L. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1601
In Re: B.L.-1, B.L.-2 and K.S. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1664
In Re: R.F. III, E.T. and P.T. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1727
In the Interest of: L.R., K.R. and M.R. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1756
In the Interest of: L.R., K.R. and M.R. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 11-1762
In Re: N.C. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 12-0087
In Re: H.B. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 12-0111
In Re: D.W., R.W. and N.W. (Memorandum Decision)
Date: May 29, 2012
Docket Number: 12-0178
A. Gene Buckner v. Mike Vinciguerra, Jr. (Memorandum Decision)
Date: May 25, 2012
Docket Number: 11-0707
State of West Virginia v. Stephen Wilson (Memorandum Decision)
Date: May 25, 2012
Docket Number: 11-0716
Brittany S. v. Amos F. (Per Curiam Opinion)  
Date: May 24, 2012
Docket Number: 01634

Justia Opinion Summary: Mother appealed from an order entered by the circuit court affirming a family court order, which modified primary residential custody of the parties' minor child from Mother to respondent Father. On appeal, the Supreme…

Griffith v. Conagra Brands, Inc. (Signed Opinion)  
Date: May 24, 2012
Docket Number: 11-0252

Justia Opinion Summary: The West Virginia Office of Tax Appeals rejected the challenge of ConAgra Brands, Inc. to assessments for unpaid corporation net income tax and business franchise tax. The assessments were imposed on apportioned…

Finch v. Inspectech, LLC (Signed Opinion)  
Date: May 24, 2012
Docket Number: 11-0276

Justia Opinion Summary: Petitioners, David and Shirley Finch, appealed from an order entered by the circuit court, which granted summary judgment to Defendant, Inspectech, LLC. The circuit court concluded that, by signing the parties'…

State v. Crouch (Per Curiam Opinion)  
Date: May 24, 2012
Docket Number: 11-0394

Justia Opinion Summary: Tyrone Crouch was convicted by a jury of voluntary manslaughter and sentenced by the circuit court to ten years imprisonment. Crouch appealed, contending that the circuit court improperly instructed the jury on the…

State v. Tanner (Signed Opinion)  
Date: May 24, 2012
Docket Number: 11-0634

Justia Opinion Summary: Karen Tanner appealed an order the circuit court that granted her parole with the condition that she not be in the presence or accompaniment of anyone convicted of a felony, including her husband. Tanner contended (1)…

Messer v. Hampden Coal Co., LLC (Signed Opinion)  
Date: May 16, 2012
Docket Number: 11-0469

Justia Opinion Summary: Bobby Messer, a lineman, came into contact with an energized electric transmission line and suffered severe injuries. Petitioners, Bobby and Amanda Messer, filed a complaint alleging that several defendants, including…

Miller v. Chenoweth (Per Curiam Opinion)  
Date: May 10, 2012
Docket Number: 11-0148

Justia Opinion Summary: Michael Chenoweth was arrested for driving a motor vehicle while under the influence of alcohol. Thereafter, Commissioner Joe Miller of the West Virginia Division of Motor Vehicles issued an order revoking Chenoweth's…

Hammond v. Dep't of Transp. (Per Curiam Opinion)  
Date: May 9, 2012
Docket Number: 11-0284

Justia Opinion Summary: This case involved a decision by the West Virginia Department of Transportation, Division of Highways (DOH) to provide a wage increase for current and newly hired employees in three counties that were part of its…

State of West Virginia v. Derrick P. Fore (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0367
Roger Persinger v. Thomas McBride, Warden (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0525
State of West Virginia v. Jesse Allen Wilson (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0558
Ronnie R. v. David Ballard, Warden (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0640
State of West Virginia v. Roger D. Smith (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0758
State of West Virginia v. Betty Beck (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0781
State of West Virginia v. Harry W. Creamer (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0848
State of West Virginia v. Janet Washington (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0849
State of West Virginia v. Cecil Clyde Simons (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0917
State of West Virginia v. Brenda Lee Shaw (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0921
State of West Virginia v. Samuel Smeltzer (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-0940
State of West Virginia v. Phyllis B. Vallejo (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1017
In Re: M.H. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1138
In the Interest of: K.M., D.C. and J.C. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1140
In Re: B.S. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1160
In Re: Z.C. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1162
In Re: K.S., C.S. and L.S. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1222
In Re: A.M., J.P. and J.G. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1237
In Re: T.S. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1239
In Re: D.K., J.M., N.M. and K.M. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1312
In Re: J.N. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1340
In Re: J.N. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1350
In the Interest of: J.J., S.L. and A.L. III (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1412
In Re: R.D. and D.D. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1467
In the Interest of: A.L. III (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1471
In Re: A.B., A.B., J.B., H.B. and B.T. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1473
In Re: M.D. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1507
In the Interest of: K.M. and J.L. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1510
In the Interest of: C.H., J.F. and J.G. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1521
In Re: Z.B., A.M. and B.M. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1522
In the Interest of: A.B. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1537
In the Interest of: A.B. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1567
In the Interest of: A.G. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1583
In Re: S.K., J.K. and C.K. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1671
In Re: D.W., R.W. and N.W. (Memorandum Decision)
Date: April 16, 2012
Docket Number: 11-1715
Bradley Scott Knotts v. Loren Knotts, II (Memorandum Decision)
Date: April 13, 2012
Docket Number: 11-0446
Tony Courtney v. David Elias (Memorandum Decision)
Date: April 13, 2012
Docket Number: 11-0647
State of West Virginia v. Tony Ritchie (Memorandum Decision)
Date: April 13, 2012
Docket Number: 11-0780
Alfred Hill v. Trent A. Redman, etc. (Memorandum Decision)
Date: April 13, 2012
Docket Number: 11-1100
State ex rel. Boley v. Tennant (Signed Opinion)  
Date: April 12, 2012
Docket Number: 12-0185

Justia Opinion Summary: Petitioner Donna Boley filed a petition asking for a writ of mandamus directed to Respondents, the Secretary of State of West Virginia and Frank Deem. Petitioner was an incumbent state senator seeking re-election for the…

James E. Collins v. Messenger Limited Partnership (Memorandum Decision)
Date: March 30, 2012
Docket Numbers: 11-0086, 11-0091
State of West Virginia v. John Mack Wright (Memorandum Decision)
Date: March 30, 2012
Docket Number: 11-0154
Michael S. Gorbey v. State of West Virginia (Memorandum Decision)
Date: March 30, 2012
Docket Number: 12-0398
White v. Miller (Signed Opinion)  
Date: March 26, 2012
Docket Number: 11-0171

Justia Opinion Summary: After police officer stopped motorist Joe White at a sobriety checkpoint and directed White to perform a horizontal gaze nystagmus test, the officer arrested White for driving under the influence of alcohol. The…

Harper v. Smith (Per Curiam Opinion)  
Date: March 26, 2012
Docket Number: 11-0490

Justia Opinion Summary: In 1974, Amos and Lois Harper purchased property in a subdivision. In 2001, the property was sold at a foreclosure sale to the Bank of New York. Because the property taxes were not paid, the sheriff sold the tax lien on…

State ex rel. Piper v. Circuit Court (Sanders) (Per Curiam Opinion)  
Date: March 23, 2012
Docket Number: 11-1615

Justia Opinion Summary: Kyle Hoffman was a passenger in an automobile driven by William Piper (William) when an accident resulted in the deaths of Hoffman and William. Robin Prinz, administratrix of the estate of Kyle Hoffman, filed a complaint…

Hale v. Office of Ins. Comm'r (Signed Opinion)  
Date: March 22, 2012
Docket Number: 101028

Justia Opinion Summary: Employee injured his back while working for Employer. Employee ultimately received a permanent partial disability award for his back injury. Employee then sought a psychiatric consultation, which resulted in Employee…

State v. Judge (Signed Opinion)  
Date: March 22, 2012
Docket Number: 11-0089

Justia Opinion Summary: Respondent Timothy Judge was charged with failure to register as a sex offender. Respondent filed a motion to dismiss the indictment, which the trial court granted after concluding that Respondent did not violate the…

W. Va. Dep't of Envtl. Prot. v. Falquero (Signed Opinion)  
Date: March 22, 2012
Docket Number: 11-0629

Justia Opinion Summary: Michelle Falquero was employed by the state Department of Environmental Protection (DEP) when she filed a grievance alleging (1) that she had been constructively discharged due to a hostile work environment which spurred…

Tex Gene Holbrook v. David Ballard, Warden (Memorandum Decision)
Date: March 12, 2012
Docket Number: 101437
Lawrence E. Scible v. David Ballard, Warden (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0368
State of West Virginia v. Mark Wilson (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0432
Keith R. Jeffers v. David Ballard, Warden (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0433
Ray and Bette Kesling v. Sonshine, LLC (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0672
State of West Virginia v. J.S. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0709
D.G.L. v. D.K.L. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0763
In Re: J.W., K.W., T.W. and M.S. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0774
Sara Jane Workman v. Carl Samuel Workman (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0795
State of West Virginia v. Michael Marks (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0857
In Re: M.M. Jr., S.M., E.M., A.M. and B.M. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0952
In Re: D.C. and M.C. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0974
In Re: P.D. and A.D. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-0979
In Re: M.M. Jr., S.M., E.M., A.M. and B.M. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1018
In Re: N.W. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1026
In Re: J.N. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1078
Alvin Chambers v. David Ballard, Warden (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1082
In Re: D.N. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1086
In Re: A.C., A.C., A.C. and A.C. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1088
In Re: J.S. and K.S. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1089
In Re: B.K. and J.K. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1102
In Re: I.A. and M.A. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1161
In Re: M.D. and A.D. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1182
In the Interest of: B.H. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1263
In Re: NB. and Z.B. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1266
In the Interest of: T.M. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1317
In Re: A.S., A.S., A.S.and K.S. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1338
In Re: A.S., A.S., A.S.and K.S. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1364
In the Interest of: E.M. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1365
In Re: J.W., K.W., T.W. and M.S. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1403
In Re: S.W. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1419
In the Interest of: K.H. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1474
In Re: M.W. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1518
In Re: D.N. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1538
In Re: A.D., K.D., D.D., K.P., A.P. and J.P. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1552
In Re: S.B. (Memorandum Decision)
Date: March 12, 2012
Docket Number: 11-1568
SER Andre King v. Jim Ielapi, Warden (Memorandum Decision)
Date: March 9, 2012
Docket Number: 11-0237
State of West Virginia v. Shawn J. Bailey (Memorandum Decision)
Date: March 9, 2012
Docket Numbers: 11-0417, 11-0794
In Re: The Adoption of Wesley G. (Memorandum Decision)
Date: March 9, 2012
Docket Number: 11-0553
SER Roger Repass v. Adrian Hoke, Warden (Memorandum Decision)
Date: March 9, 2012
Docket Number: 11-0663
State of West Virginia v. David Kestner (Memorandum Decision)
Date: March 9, 2012
Docket Number: 11-0777
Travis Hough v. Boll Medical (Memorandum Decision)
Date: March 9, 2012
Docket Number: 11-0814
State of West Virginia v. J.D. Lambert (Memorandum Decision)
Date: March 9, 2012
Docket Number: 11-0988
Rebuild America, Inc. v. Davis (Signed Opinion)  
Date: March 1, 2012
Docket Number: 11-0592

Justia Opinion Summary: The Davises failed to pay the real estate tax for their property, resulting in a statutory tax. The Davises then filed a petition for bankruptcy, which was granted. Subsequently, the sheriff sold the tax lien. After the…

In Re: Ashton M. (Separate)
Date: February 28, 2012
Docket Number: 11-0755
In re Ashton M. (Per Curiam Opinion)  
Date: February 28, 2012
Docket Number: 11-0755

Justia Opinion Summary: After finding that Mother was an abusive and neglectful parent, the circuit court terminated Mother's parental rights to Child, a sixteen-year-old minor, despite the recommendation of the Department of Health and Human…

All-Med v. Randolph Engineering Co., etc. (Separate)
Date: February 24, 2012
Docket Number: 11-0074
All-Med v. Randolph Engineering Co., etc. (Per Curiam Opinion)
Date: February 24, 2012
Docket Number: 11-0074
State v. Hoston (Signed Opinion)  
Date: February 24, 2012
Docket Number: 11-0120

Justia Opinion Summary: In these consolidated cases, Petitioners Paul Hoston and Reese Riley were convicted of drug-related offenses. In their appeals, Petitioners challenged the circuit court's denial of their motions to suppress evidence…

National Union Fire Ins. v. Jennifer Miller, etc. (Per Curiam Opinion)
Date: February 24, 2012
Docket Number: 11-0315
State of West Virginia v. Donald Surber (Per Curiam Opinion)
Date: February 24, 2012
Docket Number: 11-0361
State ex rel. Mass. Mut. Life Ins. Co. v. Jefferson County Circuit Court (Sanders) (Signed Opinion)  
Date: February 24, 2012
Docket Number: 11-1514

Justia Opinion Summary: This case was before the Supreme Court on a writ of prohibition brought by Massachusetts Mutual Life Insurance Company (MassMutual) seeking to prohibit the circuit court from enforcing two orders requiring the president…

State v. Sulick (Signed Opinion)  
Date: February 23, 2012
Docket Number: 11-0342

Justia Opinion Summary: Kendra Sulick was convicted by a jury on three counts of criminal civil rights violations pursuant to W. Va. Code 61-6-21(b). Sulick appealed the circuit court's denial of her post-trial motions, raising several…

Shawn Romano v. Wendy Greve (Per Curiam Opinion)
Date: February 23, 2012
Docket Number: 11-0679
Agnieszka Collins v. Barbara L. Stewart, et al. (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0056
D.C. v. Wayne Co. Board of Education (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0077
Robert Allen Hager v. Thomas McBride, Warden (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0129
State of West Virginia v. Jack Conner (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0133
State of West Virginia v. Megan Ryman (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0146
Dean Miner v. Ricardo Pacheco (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0185
Mitch Nelson v. Board of Education of Boone Co. (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0278
State of West Virginia v. Gerald Wayne Little (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0342
State of West Virginia v. Steve E. Blankenship (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0387
Stoney G. Riley v. Adrian Hoke, Warden (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0413
State of West Virginia v. Roger A. McKinney (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0458
State of West Virginia v. Stephanie D. Pauley (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0462
State of West Virginia v. R.T. (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0468
J.B. v. K.C. and L.C. (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0504
State of West Virginia v. Henry Howard Jenkins (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0548
State of West Virginia v. Scott E. Minnick (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0563
Kathy S. Lefler v. W. Va. Dept. of Education (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0650
Frances A. Preast v. Burl Keith Skaggs, et al. (Memorandum Decision)
Date: February 14, 2012
Docket Number: 11-0661
State of West Virginia v. Sherri Wukeson (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0534
State of West Virginia v. Larry E. Mayle, Jr. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0562
State of West Virginia v. Michelle Bryant (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0619
State of West Virginia v. David L. Hunter (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0633
State of West Virginia v. Dustin Chad Reed (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0636
State of West Virginia v. Brian Keith Hubbard (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0690
In Re: the Matter of J.B. and J.B. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0724
State of West Virginia v. Joseph Suber (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0760
State of West Virginia v. John Payne (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0825
William Nesbitt v. Shannon Markle, Administrator (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0829
State of West Virginia v. Miguel Perez (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0835
Melissa Dixon v. Estate of Faye Hudson, etc. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0852
In Re: A.M., S.M. and B.B. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0860
State of West Virginia v. Matthew Jonathan Robey (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0874
In Re: E.M. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0913
State of West Virginia v. Danny Honaker, Jr. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0918
In Re: A.S. and W.M. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0930
In Re: J.S. and K.S. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-0966
In Re: S.O. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-1242
In Re: D.B., F.B. and T.S. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-1311
In Re: S.B. and D.B. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-1347
In Re: I.F. and I.C. (Memorandum Decision)
Date: February 13, 2012
Docket Number: 11-1366
State ex rel. Cooper v. Tennant (Signed Opinion)  
Date: February 13, 2012
Docket Number: 11-1405

Justia Opinion Summary: At issue in these consolidated appeals was the redistricting legislation adopted by the Legislature in 2011. Petitioners, several individuals and groups, challenged the constitutionality of H.B. 201, which was…

In Re: The Marriage of: Zickefoose v. Zickefoose (Separate)
Date: February 10, 2012
Docket Number: 11-0073
Zickefoose v. Zickefoose (Signed Opinion)  
Date: February 10, 2012
Docket Number: 11-0073

Justia Opinion Summary: Upon granting Husband and Wife a divorce, the family court directed Husband to pay $1,000 per month in spousal support. The court found that the award did not need to be paid out of Husband's veteran's disability…

State of West Virginia v. Freddie Lee Bragg (Memorandum Decision)
Date: February 10, 2012
Docket Number: 11-0211
John S. Shannon v. City of Hurricane, et al. (Memorandum Decision)
Date: February 10, 2012
Docket Number: 11-0257
State of West Virginia v. Kenneth Lenhart (Memorandum Decision)
Date: February 10, 2012
Docket Number: 11-0599
SER W. Va. Dept. of Transportation v. Hon. Jeffrey B. Reed (Separate)
Date: February 10, 2012
Docket Numbers: 11-1358, 11-1360
State ex rel. W. Va. Dep't of Transp. v. Circuit Court (Reed) (Signed Opinion)  
Date: February 10, 2012
Docket Number: 11-1358

Justia Opinion Summary: In two condemnation proceedings, the circuit court entered orders requiring the Department of Transportation, Division of Highways (DOH) to turn over to Defendants, three individuals who owned and leased condemned…

Shenandoah Sales v. Assessor of Jefferson Co., etc (Signed Opinion)
Date: February 9, 2012
Docket Number: 11-0248 & 11-0701
Shenandoah Sales & Service, Inc. v. Assessor of Jefferson County (Signed Opinion)  
Date: February 9, 2012
Docket Number: 11-0248

Justia Opinion Summary: This was a consolidated appeal of two cases wherein the circuit court dismissed two appeals filed by a corporation, Shenandoah Sales & Services (Shenandoah), disputing the county assessor's valuation of real estate owned…

Katy Addair v. Litwar Processing Co. (Memorandum Decision)
Date: February 9, 2012
Docket Number: 11-0397
Big Lots Stores v. Rebecca and Kevin Arbogast (Per Curiam Opinion)
Date: February 9, 2012
Docket Number: 11-1260
Posey v. City of Buckhannon (Signed Opinion)  
Date: January 27, 2012
Docket Number: 11-0565

Justia Opinion Summary: Steven Posey was injured after falling at the City of Buckhannon's solid waste transfer station while unloading garbage bags and other material. Posey and his wife filed a complaint against the City, alleging negligence.…

Albert Postlewait, Jr. v. City of Wheeling (Separate)
Date: January 19, 2012
Docket Number: 11-0206
Postlewait v. City of Wheeling (Signed Opinion)  
Date: January 19, 2012
Docket Number: 11-0206

Justia Opinion Summary: When he was fifty-five years old, Plaintiff Albert Postlewait, Jr. applied for a job with the City of Wheeling as a mechanic. Although Plaintiff had the highest score on the City's application examination, the City…

State v. Waldron (Signed Opinion)  
Date: January 19, 2012
Docket Number: 11-0399

Justia Opinion Summary: Timothy Waldron was convicted by a jury of one count of delivery of a controlled substance and was sentenced to one to five years imprisonment. Waldron appealed, arguing, inter alia, that the trial court committed error…

State of West Virginia v. Shawn McCamick (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-0317
In Re: I.G., L.G., J.H., G.N. III, and T.N. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-0696
In Re: B.D. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-0798
In Re: B.D. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-0807
In Re: K.M. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-0834
In Re: K.S. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-0907
In Re: E.B. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-0951
In Re: B.C., C.C. and A.C. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-1027
In Re: D.D. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-1040
In Re: S.M. and F.M. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-1079
In Re: S.M. and F.M. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-1080
In Re: A.W. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-1087
In Re: R.P. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-1210
In Re: J. O. and I.O. (Memorandum Decision)
Date: January 18, 2012
Docket Number: 11-1227
Donald Roger Layne v. Evelyn Siefert, Warden (Memorandum Decision)
Date: January 13, 2012
Docket Number: 101278
Robert Sanchez v. Tod Benson (Memorandum Decision)
Date: January 13, 2012
Docket Number: 101573
Richard E. Smallwood v. Patrick Smallwood (Memorandum Decision)
Date: January 13, 2012
Docket Number: 101602
Jennifer J. Grafton-Gore v. Centra Bank (Memorandum Decision)
Date: January 13, 2012
Docket Number: 101615
Marlon Ferguson v. Nicholas J. Wall (Memorandum Decision)
Date: January 13, 2012
Docket Number: 11-0597
Jeremy Toler v. Roger W. Goff (Memorandum Decision)
Date: January 13, 2012
Docket Number: 11-0911
Marlon Ferguson v. Kevin Hensel, etc. (Memorandum Decision)
Date: January 13, 2012
Docket Number: 11-1209
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