Supreme Court of Appeals of West Virginia Decisions

The highest court in West Virginia is known as the Supreme Court of Appeals. The Court reviews decisions by the West Virginia Intermediate Court of Appeals, and it reviews decisions by state trial courts in certain types of cases, such as criminal proceedings. It holds original jurisdiction over writs of mandamus, prohibition, habeas corpus, and certiorari.

Five justices sit on the Supreme Court, each of them serving a 12-year term. A candidate for this position must have practiced law for at least 10 years. West Virginia uses a system of non-partisan elections to choose justices. This means that voters elect a justice without being informed of their political affiliation on the ballot. If a vacancy arises, the Governor of West Virginia has the authority to appoint an interim justice. If they seek to retain their seat, that justice must run in the next general election after their appointment. The justices of the Supreme Court elect the Chief Justice to serve a four-year term. After a justice retires, they may seek senior status, which allows them to receive a temporary assignment as a justice. In the event that a justice cannot perform their duties, the Chief Justice may assign a circuit court judge as a substitute.

Controversy clouded the Supreme Court in 2018, when Governor Jim Justice started impeachment proceedings based on the alleged misuse of state funds by the justices. The charges against them related to renovations of the courthouse office, their use of state vehicles, and payments made to senior judges. However, none of the justices ultimately was impeached. One justice was censured, and three other justices resigned. An additional justice faced the threat of an impeachment trial, but this never occurred.

Browse Opinions From the Supreme Court of Appeals of West Virginia

Recent Decisions From the Supreme Court of Appeals of West Virginia
Ruble v. Rust-Oleum Corporation (Signed Opinion)  
Date: June 12, 2024
Docket Number: 22-0329

Justia Opinion Summary: The case involves Michael D. Ruble and Brenda K. Ruble, who filed a lawsuit against Rust-Oleum Corporation and other defendants. Michael Ruble alleged that he was injured due to exposure to defective, toxic chemicals at…

Eldercare of Jackson County, LLC v. Lambert (Signed Opinion)  
Date: June 12, 2024
Docket Number: 22-0362

Justia Opinion Summary: The case involves a lawsuit filed by Rosemary Lambert and Carolyn Hinzman, individually and as co-executors of the estate of Delmar P. Fields, against Eldercare of Jackson County, LLC, Community Health Association, and…

Frye v. Erie Insurance Company (Signed Opinion)  
Date: June 12, 2024
Docket Number: 22-0378

Justia Opinion Summary: The case involves Brian Frye, a homeowner who claimed that his property had suffered damage due to underground mine subsidence. He submitted a claim to his home insurer, Erie Insurance Company, and notified the Board of…

In Re M.F. III (Signed Opinion)  
Date: June 12, 2024
Docket Number: 22-884

Justia Opinion Summary: The case involves the paternal grandparents of a child, M.F. III, who sought to intervene in an abuse and neglect proceeding following the fatal stabbing of the child's mother by his father. The grandparents, who lived…

In Re M.F.-1 (Signed Opinion)  
Date: June 12, 2024
Docket Number: 22-917

Justia Opinion Summary: The case involves a mother, N.C.-F., who appealed a decision by the Circuit Court of Kanawha County, West Virginia, regarding the placement of her children, M.F.-1, M.F.-2, and M.F.-3. The children's father had admitted…

Christopher P. v. Amanda C. (Signed Opinion)  
Date: June 12, 2024
Docket Number: 22-918

Justia Opinion Summary: The case involves a dispute between Christopher P. (Father) and Amanda C. (Mother) over the custody of their two children. The Family Court of Upshur County was set to hold a final hearing on the matter, but a scheduling…

Ampler Burgers Ohio LLC v. Bishop (Signed Opinion)  
Date: June 12, 2024
Docket Number: 23-49

Justia Opinion Summary: The case involves Ampler Burgers Ohio LLC, doing business as Burger King, and its employees Lesley McLaughlin, Sheila Spaulding, and Teresa Stephens (collectively, the Petitioners) against Kenna Bishop (the Respondent).…

Rockspring Development, Inc. v. Brown (Signed Opinion)  
Date: June 11, 2024
Docket Number: 22-0135

Justia Opinion Summary: The case revolves around a former underground coal miner, Randy Brown, who contracted occupational pneumoconiosis (OP) due to his exposure to coal dust. In 2016, he was granted a 30% permanent partial disability (PPD)…

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

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