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.
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Recent Decisions From the Supreme Court of Appeals of West Virginia
Date: April 25, 2024
Docket Number: 22-0503
Justia Opinion Summary: The case involves T & C Construction Services and Theodore Miller (collectively, T & C), who operate a rental building in St. Albans, West Virginia. The City of St. Albans inspected the premises after a tenant reported a…
Date: April 25, 2024
Docket Number: 22-672
Justia Opinion Summary: The case involves Rachel Louise Adkins, who was charged with one felony count of driving under the influence causing death, along with four misdemeanor charges. Adkins entered a Kennedy plea in the Circuit Court of…
Date: April 23, 2024
Docket Number: 23-43
Date: April 22, 2024
Docket Number: 23-43
Date: April 22, 2024
Docket Number: 23-43
Justia Opinion Summary: The case involves David Duff II, a Kanawha County Deputy Sheriff, who injured his back while on duty. He applied for workers' compensation benefits and was awarded a 13% Permanent Partial Disability (PPD) award. The…
Date: April 17, 2024
Docket Number: 22-685
Justia Opinion Summary: The defendant, Kristen Nicole Wetzel, was convicted of unlawful taking of a vehicle, also known as "joyriding," under West Virginia Code § 17-8-4(a). As part of a plea agreement, she was sentenced to six months of…
Date: April 16, 2024
Docket Number: 23-142
Date: April 15, 2024
Docket Number: 23-149
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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