Supreme Court of Appeals of West Virginia Decisions 2011

PNGI Charles Town Gaming v. Lawrence Reynolds, et al. (Separate)
Date: December 20, 2011
Docket Number: 101503
Pilgrim's Pride v. Christopher G. Morris, State Tax Comm. (Separate)
Date: December 16, 2011
Docket Number: 101627
In Re: Adoption of A.P.B. (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0106
State of West Virginia v. Samuel David Rollins (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0165
State of West Virginia v. Angela Rankin (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0219
State of West Virginia v. Toney Michael Tibbs (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0281
State of West Virginia v. Kendrick Vinson (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0377
State of West Virginia v. Edward William Wall (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0408
State of West Virginia v. Mark A. Reed, Jr. (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0502
Richard Brooks, etc. v. Corey Napier (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0559
State of West Virginia v. Danny L. Wise (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0584
Carla D. Hess v. Jack R. Radford, Jr. (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0639
In Re: K.P., J.P., A.P. and L.C. (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0773
In Re: M.S., M.S., M.S., M.S., M.S., and M.A.S. (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0844
In Re: S.M. (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0914
In Re: B.H. (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0916
In Re: D.C. and J.C. (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-0992
In Re: D.C. and J.C. (Memorandum Decision)
Date: December 2, 2011
Docket Number: 11-1019
In Re: Antonio R.A. (Separate)
Date: December 1, 2011
Docket Number: 101559
State of West Virginia v. Rhonda K. Stewart (Separate)
Date: November 28, 2011
Docket Number: 101179
State v. Stewart (Signed Opinion)  
Date: November 28, 2011
Docket Number: 101179

Justia Opinion Summary: Defendant Rhonda Stewart was convicted for the first degree murder of her husband. At trial, the circuit court prohibited Defendant from presenting evidence that she had been battered and abused by her husband during the...

State of West Virginia v. Michael A. Forren (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0049
Karen Johnson et al. v. Andrew J. Buckley (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0060
Charles D. Thomas v. Boyd's Family Home Medical (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0253
James Wayne Lowe v. David Ballard, Warden (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0546
State of West Virginia v. James L. Whitlow (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0586
Patricia Harrison v. City of Charleston (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0598
State of West Virginia v. Matthew M. McIlvain (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0601
Rozann Wilcox v. Ginny Conley, et al. (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0678
Clyde Crawford v. David Ballard, Warden (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0783
Kenneth Wayne Martin v. Thomas McBride, Warden (Memorandum Decision)
Date: November 28, 2011
Docket Number: 11-0991
State of West Virginia v. Larry Arthur McFarland (Separate)
Date: November 23, 2011
Docket Number: 101413
State of West Virginia v. Larry Arthur McFarland (Per Curiam Opinion)
Date: November 23, 2011
Docket Number: 101413
Norfolk S. Ry. Co. v. Higginbotham (Signed Opinion)  
Date: November 23, 2011
Docket Number: 101499

Justia Opinion Summary: Employee of a railway company was accused by his Employer of stealing rail. After it was discovered that Employee was involved in the removal and sale of the rail, Employee's employment was terminated. An arbitration pan...

State Farm Mutual Auto Ins. v. Sheila Ann Rutherford (Separate)
Date: November 23, 2011
Docket Number: 101556
In re Antonio R.A. (Signed Opinion)  
Date: November 23, 2011
Docket Number: 101559

Justia Opinion Summary: Grandmother filed a petition for permanent guardianship of Child, who was over fourteen years old and had nominated his Grandmother to be his guardian. Child's Mother contested the guardianship. The family court denied G...

City of St. Albans v. Botkins (Signed Opinion)  
Date: November 23, 2011
Docket Number: 101596

Justia Opinion Summary: Appellee was allegedly hit in the head by a law enforcement officer during a confrontation. Appellee filed a civil complaint against the city and the two officers involved in the incident (Appellants), alleging that his...

State of West Virginia v. Tracy L. Haid (Per Curiam Opinion)
Date: November 23, 2011
Docket Number: 35680
State ex rel. Smith v. Mingo County Comm'n (Signed Opinion)  
Date: November 21, 2011
Docket Number: 100916

Justia Opinion Summary: The assessor and sheriff of Mingo County sought to remove Gregory Smith from his position as commissioner on the Mingo County Commission. A three-judge court empaneled by the Supreme Court denied the petition for removal...

Patricia E. Lee v. Charles E. Lee (Separate)
Date: November 21, 2011
Docket Number: 101605
Patricia E. Lee v. Charles E. Lee (Per Curiam Opinion)
Date: November 21, 2011
Docket Number: 101605
State ex rel. Richmond Am. Homes v. Jefferson County Circuit Court (Sanders) (Signed Opinion)  
Date: November 21, 2011
Docket Number: 11-0770

Justia Opinion Summary: Petitioner, a constructor, was sued by several people living in new homes built by Petitioner (Residents). Residents claimed they were injured by radon gas leaking into their homes because of improper construction by Pet...

J. A. Street & Assoc. v. Thundering Herd Development (Separate)
Date: November 18, 2011
Docket Number: 101379
J. A. Street & Assocs. v. Thundering Herd Dev. (Signed Opinion)  
Date: November 18, 2011
Docket Number: 101379

Justia Opinion Summary: This case involved a dispute regarding developed property. Developer filed a complaint alleging that the project's general contractor (Contractor) and an engineering firm (Firm) had negligently provided recommendations w...

Plaintiff v. Defendant
Date: November 18, 2011
Docket Number: 101410
W. Va. Employers' Mut. Ins. Co. v. Summit Point Raceway Assocs. (Signed Opinion)  
Date: November 18, 2011
Docket Number: 101414

Justia Opinion Summary: Employee submitted a claim for workers' compensation under Employer's policy with Insurer, which claim was paid in full. Employee also filed a deliberate intent lawsuit against Employer. After assuming the attorney's fee...

Bills v. Hardy (Signed Opinion)  
Date: November 18, 2011
Docket Number: 101420

Justia Opinion Summary: Petitioner, who had a diagnosis of severe autism, had been participating in the federal Mentally Retarded / Developmentally Delayed Home and Community-Based Waiver Program, which provided in-home and community-based serv...

PNGI Charles Town Gaming, LLC v. Reynolds (Signed Opinion)  
Date: November 18, 2011
Docket Number: 101503

Justia Opinion Summary: The Racing Commission suspended certain jockeys' occupational permits for thirty days and imposed fines for the jockeys' failure to declare an overweight amount. Afterwards, PNGI Charles Town Gaming (PNGI), a non-party i...

Hardy v. B.H. (Signed Opinion)  
Date: November 18, 2011
Docket Number: 101540

Justia Opinion Summary: Respondent, who had a diagnosis of autism with obsessive compulsive disorder traits and hyperactive traits, had participated for several years in the federal Mentally Retarded / Developmentally Delayed Home and Community...

State of West Virginia v. Arnold Wayne McCartney (Per Curiam Opinion)
Date: November 17, 2011
Docket Number: 101457
Pilgrim's Pride v. Morris (Signed Opinion)  
Date: November 17, 2011
Docket Number: 101627

Justia Opinion Summary: Taxpayer, related corporations that operated a vertically-integrated poultry production business, sought an exemption from ad valorem taxes on five industrial personal property tax returns it filed with the State Tax Dep...

Martin v. Barbour County Bd. of Educ. (Signed Opinion)  
Date: November 17, 2011
Docket Number: 101632

Justia Opinion Summary: Petitioners were fifteen employees of the county Board of Education, who filed a grievance regarding changes made to the subsequent year's extracurricular coaching contracts, claiming they were entitled to receive notice...

Miller v. Moredock (Signed Opinion)  
Date: November 17, 2011
Docket Number: 11-0081

Justia Opinion Summary: After Appellee was arrested for DUI, the Division of Motor Vehicles (DMV) revoked Appellee's driver's license for two years. Appellee filed a request for an administrative hearing, which was conducted on May 6, 2008. By...

Keith L. Wheaton v. Lawyer Disciplinary Board (Memorandum Decision)
Date: November 17, 2011
Docket Number: 35462
Norma Acord v. Colane Company, et al. (Per Curiam Opinion)
Date: November 16, 2011
Docket Number: 101366
Lee James Crawford v. David Snyder, et al. (Per Curiam Opinion)
Date: November 16, 2011
Docket Number: 101579
Grant Thornton, LLP v. Kutak Rock, LLP (Signed Opinion)  
Date: November 16, 2011
Docket Number: 11-0079

Justia Opinion Summary: First National Keystone Bank retained an independent accounting firm to audit its records at a time that members of the bank's management were fraudulently concealing the bank's financial condition. The accounting firm i...

State of West Virginia v. Matthew S. Dixon (Memorandum Decision)
Date: November 15, 2011
Docket Number: 10-4019
State of West Virginia v. Aaron C. Rockwell (Memorandum Decision)
Date: November 15, 2011
Docket Number: 10-4020
State of West Virginia v. Lee Ann Snyder (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0134
State of West Virginia v. Sheena Drain (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0140
In Re: Kasey M., Kristina M., Kaleb M., Robert M. C., et al. (Separate)
Date: November 15, 2011
Docket Number: 11-0203
State of West Virginia v. Rodney McCardle (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0218
In Re: S.E. (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0229
Milton E. Justice v. David Ballard, Warden (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0321
State of West Virginia v. Chad Golein (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0409
In Re: S.H., D.H., G.H., III and B.H. (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0499
In Re: D.C. and M.C. (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0522
In Re: T.M. and M.M. (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0603
In Re: R.M. (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0635
In Re: L.D. and M.D. (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0652
In Re: M.H. (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0751
In Re: B.L., M.L., III and W.L. (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0756
In Re: K.T. and D.T. (Memorandum Decision)
Date: November 15, 2011
Docket Number: 11-0819
Harvey Patrick Short v. Teresa Waid, Warden (Memorandum Decision)
Date: November 10, 2011
Docket Number: 101330
Lehman v. United Bank, Inc. (Signed Opinion)  
Date: November 10, 2011
Docket Number: 101486

Justia Opinion Summary: This matter involved two actions consolidated by the circuit court for appeal purposes concerning the application of the West Virginia Wage Payment and Collection Act (WPCA). Appellants, two employees whose positions wer...

State of West Virginia v. Ben Chase Skidmore (Per Curiam Opinion)
Date: November 10, 2011
Docket Number: 101581
Griffith v. Frontier West Virginia, Inc. (Signed Opinion)  
Date: November 10, 2011
Docket Number: 11-0166

Justia Opinion Summary: Craig Griffith, state tax commissioner, appealed from an order entered by a circuit court that reversed an earlier order of the Office of Tax Appeals and found that Frontier West Virginia was entitled to a refund of its...

State of West Virginia v. Cherylethia Holmes (Memorandum Decision)
Date: November 10, 2011
Docket Number: 11-0436
Katherine "Kit" McGlinchey v. Mark E. Frye (Memorandum Decision)
Date: November 10, 2011
Docket Number: 11-0591
State of West Virginia v. Thomas Lee Anderson (Memorandum Decision)
Date: November 10, 2011
Docket Number: 11-0740
State of West Virginia v. Rodney Ray Yocum (Memorandum Decision)
Date: November 10, 2011
Docket Number: 11-0742
Greenbrier County Commission v. Circuit Court (Cummings) (Signed Opinion)  
Date: November 10, 2011
Docket Number: 11-1035

Justia Opinion Summary: After finding that the County Commission of Greenbrier County acted arbitrarily and capriciously by reducing the budget of the Sheriff of the County, the trial court directed the Commission to, among other things, alloca...

Casaccio v. Curtiss (Signed Opinion)  
Date: November 9, 2011
Docket Number: 101527

Justia Opinion Summary: The executor of the estates of a family who were killed in an accident filed a wrongful death action against an individual and trucking company. The trucking company was bankrupt, but insurance coverage for the accident...

State of West Virginia v. Timothy Jared Austin (Memorandum Decision)
Date: October 25, 2011
Docket Number: 101625
In Re: M.B. and K.V. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0132
In Re: N.P., Jr. and A.P. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0324
Carl Lockhart v. David Ballard, Warden (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0407
In Re: K.S. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0411
In Re: J.R. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0487
In Re: B.B. and Z.B. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0518
State of West Virginia v. Ryan Dale Lambert (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0524
In Re: B.B. and Z.B. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0527
State of West Virginia v. Roger Dale Carter (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0554
In Re: J.R. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0572
In Re: Z.U., C.U. and M.K. Jr. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0610
In Re: A.A., A.A., A.W., A.W., D.W. and T.W. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0710
In Re: S.A. and W.A. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0738
In Re: A.A., A.A., A.W., A.W., D.W. and T.W. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0754
In Re: S.A. and W.A. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0757
In Re: J.W. (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0772
State of West Virginia v. Austin Van Trease (Memorandum Decision)
Date: October 25, 2011
Docket Number: 11-0861
State of West Virginia v. Wes Allen Barrett (Memorandum Decision)
Date: October 21, 2011
Docket Number: 11-0306
State of West Virginia v. Alfonso Frank Sanchez (Memorandum Decision)
Date: October 21, 2011
Docket Number: 11-0314
State of West Virginia v. Rick W. Snodgrass (Memorandum Decision)
Date: October 21, 2011
Docket Number: 11-0496
Henry C. Arnold v. Nancy Verdier (Memorandum Decision)
Date: October 11, 2011
Docket Number: 11-0172
State of West Virginia v. Robert Lee Fitzwater (Memorandum Decision)
Date: October 11, 2011
Docket Number: 11-0177
State of West Virginia v. Oley Ransom (Memorandum Decision)
Date: October 11, 2011
Docket Number: 11-0301
Cindy L. Watson v. Stanley W. Kuykendall (Memorandum Decision)
Date: October 11, 2011
Docket Number: 11-0305
Thomas C. Green v. City of Clarksburg (Memorandum Decision)
Date: October 11, 2011
Docket Number: 11-0421
Westbanco Bank v. Kristy D. Mantz (Memorandum Decision)
Date: October 11, 2011
Docket Number: 11-0435
Jimmie Gillon v. CSX Transportation, Inc. (Memorandum Decision)
Date: October 11, 2011
Docket Number: 11-0498
State of West Virginia v. Jason Clay Anderson (Per Curiam Opinion)
Date: September 29, 2011
Docket Number: 101367
Mey v. Pep Boys (Signed Opinion)  
Date: September 29, 2011
Docket Number: 101406

Justia Opinion Summary: Plaintiff Diana Mey filed a class action complaint alleging that Defendants, several companies, violated the Telephone Consumer Protection Act (TCPA) by leaving an automated voicemail message at her residence in response...

Wolfe v. Adkins (Signed Opinion)  
Date: September 29, 2011
Docket Number: 101476

Justia Opinion Summary: Plaintiffs, several jail employees, lost their jobs after their positions were eliminated upon the closing of the Cabell County Jail. Plaintiffs subsequently filed a complaint against the County under the West Virginia W...

In Re: C.S. (Memorandum Decision)
Date: September 26, 2011
Docket Number: 11-0233
In Re: A.H., J.H., Z.H., M.H., and M.H. (Memorandum Decision)
Date: September 26, 2011
Docket Number: 11-0364
In Re: C.W. (Memorandum Decision)
Date: September 26, 2011
Docket Number: 11-0418
In Re: J.M., A.M., and S.M. (Memorandum Decision)
Date: September 26, 2011
Docket Number: 11-0695
In Re: A.H. (Memorandum Decision)
Date: September 26, 2011
Docket Number: 11-0847
In Re: C.H., et al. (Memorandum Decision)
Date: September 26, 2011
Docket Number: 11-0906
In Re: C.H., et al. (Memorandum Decision)
Date: September 26, 2011
Docket Number: 11-0987
State of West Virginia v. Christopher M. Forney (Memorandum Decision)
Date: September 23, 2011
Docket Number: 091823
Richard A. Steinbronn v. New Hope Farm, Inc. (Memorandum Decision)
Date: September 23, 2011
Docket Numbers: 101272, 101345
Colleen Starkey v. Richard Green (Memorandum Decision)
Date: September 23, 2011
Docket Number: 101378
Green's Road & Towing Service v. City of Weirton (Memorandum Decision)
Date: September 23, 2011
Docket Number: 11-0426
Kami F. v. Farmers Mutual Insurance Co. (Memorandum Decision)
Date: September 23, 2011
Docket Number: 11-0463
State of West Virginia v. Dennis Terrell Evans (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0170
In Re: C.W. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0234
State of West Virginia v. Grover Lee Breeding (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0334
State of West Virginia v. Donald Ray Rice, Jr. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0419
In Re: R.P. and J.P. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0453
In Re: R.S. Jr., R.S. and C.S. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0474
In Re: A.H. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0528
In Re: D.H. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0560
In Re: J.A. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0583
In Re: M.L. and J.L., Jr. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0602
In Re: R.B. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0608
In Re: R.B. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0609
In Re: H.B. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0651
In Re: P.D. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0662
In Re: R.G., T.G. and A.G. (Memorandum Decision)
Date: September 13, 2011
Docket Number: 11-0761
Karen A. Hill v. Kimberly L. Taylor (Memorandum Decision)
Date: September 9, 2011
Docket Number: 35695
State of West Virginia v. Larry S. White, II (concurring)
Date: August 18, 2011
Docket Number: 35529
Randy L. Mace v. Mylan Pharmaceuticals, Inc. (concurring)
Date: July 22, 2011
Docket Number: 35710
Brown v. Genesis Healthcare Corp.  
Date: June 29, 2011
Docket Number: 35494 35635 35546

Justia Opinion Summary: In three cases consolidated for review, the facts were similar. A person was admitted to a nursing home, and a family member signed an admission agreement containing an arbitration clause. After the person died, a family...

State ex rel. Mylan, Inc. v. Zakaib  
Date: June 23, 2011
Docket Number: 11-0392 11-0440

Justia Opinion Summary: In two consolidated original jurisdiction actions, petitioners Mylan, Inc., Mylan Pharmaceuticals, Inc., and Mylan Technologies, Inc. sought writs of prohibition in two actions pending in the circuit court of Kanawha Cou...

Cmty. Antenna Servs., Inc. v. Charter Commc'ns VI, Inc.  
Date: June 23, 2011
Docket Number: 35703 

Justia Opinion Summary: Appellant Charter Communications and appellee Community Antenna, a smaller company, were competing cable services providers. For over a decade the parties had been litigating the issue of whether Charter was offering dis...

Jefferson Utils., Inc. v. Pub. Serv. Comm'n of W. Va.  
Date: June 22, 2011
Docket Number: 11-0505

Justia Opinion Summary: Petitioner Jefferson Utilities, Inc. (JUI), a privately-held public utility authorized to provide water service to several areas of Jefferson County, filed a request with the Public Service Commission of West Virginia fo...

Lawyer Disciplinary Board v. John A. Grafton
Date: June 22, 2011
Docket Numbers: 11-0480, 35283
State v. Thornton  
Date: June 22, 2011
Docket Number: 35533

Justia Opinion Summary: Appellant Elizabeth Thornton was sentenced in circuit court to three to fifteen years in the state penitentiary for her conviction of child neglect resulting in death. Appellant appealed, arguing that (1) the state faile...

MacDonald v. City Hospital, Inc.  
Date: June 22, 2011
Docket Number: 35543

Justia Opinion Summary: In a medical professional liability action, the jury returned a verdict in favor of appellants James and Debbie MacDonald, which included an award of $1,500,000 for noneconomic loss. In accordance with W. Va. Code 55-7B-...

Humphries v. Detch  
Date: June 22, 2011
Docket Number: 35649

Justia Opinion Summary: Appellant Carroll Humphries, a convicted felon, filed a writ of habeas corpus with the Supreme Court after his conviction. The Court reversed and remanded the case due to ineffective assistance of counsel. Upon remand, a...

Carroll Eugene Humphries v. Paul Detch (dissenting)
Date: June 22, 2011
Docket Number: 35649
State v. Kaufman  
Date: June 22, 2011
Docket Number: 35691

Justia Opinion Summary: Appellant David Kaufman was convicted of first degree murder in the circuit court. On appeal, appellant argued that the trial court improperly admitted into evidence the victim's diary and certain statements by the victi...

State of West Virginia v. David Wayne Kaufman (concurring)
Date: June 22, 2011
Docket Number: 35691
Affiliated Constr. Trades v. W. Va. Dep't of Transp.  
Date: June 22, 2011
Docket Number: 35742

Justia Opinion Summary: In 2003, the Division of Highways (DOH) let out a public highway construction contract to Nicewonder Contracting. The Affiliated Construction Trades Foundation (ACT) filed a declaratory judgment action against the DOH an...

Tevya W. v. Elias V.  
Date: June 21, 2011
Docket Number: 35760

Justia Opinion Summary: When appellant Tevya W. (mother) and appellee Elias V. (father) divorced in 2003, an approved shared parenting plan provided that their son Elias was to reside primarily with his mother. In 2005, the family court transfe...

Tevya W. v. Elias Trad V. (concurring)
Date: June 21, 2011
Docket Number: 35760
Haynes v. DaimlerChrysler Corp.  
Date: June 17, 2011
Docket Number: 101151

Justia Opinion Summary: Elgene Phillips was driving his truck when the truck hydroplaned, ran off the road, and rolled over. Phillips died as a result of the accident. As administratrix of the decedent's estate, petitioner Shelia Haynes filed a...

SER Monongahela Power, et al. v. Circuit Court of Marion County, et al.  
Date: June 16, 2011
Docket Number: 11-0015

Justia Opinion Summary: Petitioner power companies sought a writ of prohibition in connection with a ruling of the circuit court denying petitioners' motion to dismiss a breach of contract complaint filed against them by respondents, Shell Equi...

Mace v. Mylan Pharmaceuticals, Inc., et al.  
Date: June 16, 2011
Docket Number: 35710

Justia Opinion Summary: Randy Mace, as personal representative of the estate of Kathy Mace, appealed from an order of the circuit court dismissing his wrongful death lawsuit on the basis of forum non conveniens. Applying the forum non convenien...

Randy L. Mace v. Mylan Pharmaceuticals, Inc. (dissenting)
Date: June 16, 2011
Docket Number: 35710
Darby v. Kanawha County Board of Education  
Date: June 14, 2011
Docket Number: 101219

Justia Opinion Summary: Jonathan Darby, who was employed by Kanawha County Board of Education (BOE) as a school bus driver, was terminated when the BOE concluded that Darby had violated the BOE's sexual harassment policy. Darby appealed his ter...

In re Kristin Y., et al.  
Date: June 14, 2011
Docket Number: 11-0300

Justia Opinion Summary: In 2010, the circuit court terminated the custodial and visitation rights of a mother to her four children but did not terminate her parental rights to the children. The Department of Health and Human Resources and the c...

Hornbeck v. Caplinger, et al.  
Date: June 14, 2011
Docket Number: 35678

Justia Opinion Summary: Janet Hornbeck appealed an order of the circuit court, arguing that the court erred by affirming the family court's ruling that the Bureau of Child Support Enforcement (BCSE) method of distributing child support arrearag...

Huston, et al. v. Mercedes-Benz USA, L.L.C., et al.  
Date: June 14, 2011
Docket Number: 35702

Justia Opinion Summary: Plaintiffs William and Connie Huston sought to enforce the terms of a global class action settlement agreement in the circuit court when defendants Mercedes-Benz and Smith Motor Cars allegedly refused to repair the plain...

Barr v. NCB Management Services, et al.  
Date: June 14, 2011
Docket Number: 35709

Justia Opinion Summary: In 2010, a professional debt collector began aggressively attempting to collect a deficiency balance Linda Barr allegedly owed to a bank on a motorcycle loan. According to Barr, the debt collector, among other tactics, m...

In re Hunter H.  
Date: June 14, 2011
Docket Number: 35750 & 51

Justia Opinion Summary: When he was less than two years old, Hunter H. was placed with foster parents after the Department of Health and Human Resources (DHHR) discovered his parents were using crack cocaine. After residing with the foster pare...

Huggins, et al. v. City of Westover Sanitary Sewer Board  
Date: June 14, 2011
Docket Number: 35761

Justia Opinion Summary: Appellants William and Denise Huggins filed a lawsuit against appellees sewer board, city, and mayor, alleging that a violation of the Workers' Compensation Act had occurred when Huggins' health insurance was terminated...

W. Va. Med. Imaging & Radiation Therapy Technology Bd. of Examiners v. Harrison  
Date: May 26, 2011
Docket Number: 101150

Justia Opinion Summary: The West Virginia Medical Imaging & Radiation Therapy Technology Board of Examiners appealed an order of the circuit court. In the order, the court reversed the Board's decision to suspend Appellee Kenneth Harrison's med...

Corporation of Harpers Ferry v. Taylor  
Date: May 26, 2011
Docket Number: 101438

Justia Opinion Summary: Appellant Harpers Ferry appealed a circuit court order in favor of Appellee Ralph Taylor. Mr. Taylor asked the City for permission to create a path along a street so that a truck he used could access his property. At the...

Men & Women Against Discrimination v. Family Protection Services Bd.  
Date: May 26, 2011
Docket Number: 35558

Justia Opinion Summary: Appellants Family Protection Services Board, its secretary/treasurer, and several of its members all appealed a grant of summary judgment in favor of Men & Women Against Discrimination (MAWAD). The Board is a public body...

Clerk of the McDowell Co. Comm. v. Bailey  
Date: May 26, 2011
Docket Number: 35646

Justia Opinion Summary: The Clerk of the McDowell County Commission appealed an order of the Circuit Court of McDowell County pertaining to mandamus proceedings. The Commission was directed to reimburse the attorney fees of A. Ray Bailey who wa...

West Virginia v. Myers  
Date: May 26, 2011
Docket Number: 35672

Justia Opinion Summary: Defendant Stanley Myers appealed an order of the circuit court that determined he was a sexually violent predator. On appeal to the Supreme Court, Defendant asserted that the trial court failed to make a statutory determ...

In Re: N. A., I. A., C. P. and M. P.  
Date: May 26, 2011
Docket Number: 35743 & 44

Justia Opinion Summary: In 2009, a petition for abuse and neglect was filed in circuit court regarding N.A, I.A, C.P. and M.P. The petition was filed against the children's biological mother and their maternal grandparents, all of whom were all...

West Virginia v. Juntilla  
Date: May 17, 2011
Docket Number: 35739

Justia Opinion Summary: Defendant-Appellant Anthony Juntilla appealed his convictions of first degree murder, sexual assault and conspiracy. Defendant was accused of the assault, beating and stabbing death of his girlfriend’s one-year-old daugh...

SER Galloway Group v. McGraw  
Date: May 16, 2011
Docket Number: 11-0187

Justia Opinion Summary: Petitioner The Galloway Group (Galloway) is a partnership of lawyers with an office in West Virginia. Galloway entered into an agreement with Respondents Fredeking & Fredeking Law Offices, LC (Fredeking) wherein the part...

Sims v. Miller  
Date: May 13, 2011
Docket Number: 35673

Justia Opinion Summary: Commissioner Joe E. Miller, on behalf of the West Virginia Division of Motor Vehicles, appealed an order by the circuit court that reversed his final order that revoked Petitioner Edward Sims’s driver’s license. Mr. Sims...

Palmer v. Justice  
Date: May 4, 2011
Docket Number: 35633

Justia Opinion Summary: Appellant Mickey Justice and Appellee Dawn Palmer (now Lacy) had a child out of wedlock. The baby was born prematurely, and as a result, suffered from neurological and other health problems that were characterized as “sp...

Bay v. Marshall  
Date: May 3, 2011
Docket Number: 35736 35737

Justia Opinion Summary: Two cases were consolidated by the Supreme Court. In each of the underlying cases, the Petitioners sought relief in the form of writs of mandamus and prohibition. The Supreme Court found that the financial affidavits req...

Renner v. Bonner  
Date: May 2, 2011
Docket Number: 35528

Justia Opinion Summary: A parcel of land in Tyler County was split in ninths and bequeathed to the heirs of Robert Amos. Plaintiff and Heir Barbara Renner began to purchase the other heirs’ one-ninths interests. In 2000, Ms. Renner owned six-ni...

West Virginia v. James, West Virginia v. Hedrick, West Virginia v. Daniels  
Date: May 2, 2011
Docket Number: 35557 35561 35762

Justia Opinion Summary: Three cases were consolidated for appeal. All cases challenged the constitutionality of West Virginia Code 62-12-26, which provides for a period of extended supervision after the release of certain sex offenders from cus...

Abadir v. Dellinger  
Date: May 2, 2011
Docket Number: 35593

Justia Opinion Summary: Appellants Farouk Abadir, Hosny Gabriel, Ricardo Ramos, Alfredo Rivas and Michael Vega sued their former attorney Mark Dellinger and his law firm Bowles Rice McDavid Graff & Love, LLP because Mr. Dellinger settled a case...

SER Lincoln Journal v. Hustead  
Date: May 2, 2011
Docket Number: 35734

Justia Opinion Summary: Petitioner The Lincoln Journal, Inc. sought a writ of prohibition against the Honorable Jane Hustead, to prevent an order to compel the revelation of alleged confidential and First Amendment privileged news sources and n...

Stanley Stevenson, II v. Independence Coal Company, Inc.
Date: April 28, 2011
Docket Number: 35592
Multiplex, Inc. v. Raleigh County Board of Education, etc.
Date: April 28, 2011
Docket Number: 35721
State of West Virginia v. Amos Gabriel Hicks
Date: April 14, 2011
Docket Number: 35670
Jeffrey E. Skidmore v. Crystal L. Rogers
Date: April 4, 2011
Docket Number: 35291
Joe E. Miller, Commissioner, W. Va. DMV v. Craig A. Hare
Date: April 1, 2011
Docket Number: 35560
State of West Virginia v. Christopher Proctor
Date: April 1, 2011
Docket Number: 35647
Foster Foundation v. Glen B. Gainer, III, et al.
Date: March 10, 2011
Docket Number: 35627
Foster Foundation v. Glen B. Gainer, III, et al. (dissenting)
Date: March 10, 2011
Docket Number: 35627
In Re: Cecil T.
Date: March 10, 2011
Docket Number: 35659
Jewell K. Whittaker v. Andrew J. Whittaker
Date: March 1, 2011
Docket Number: 35552
SER W. Va. Parkways Authority et al. v. Gregory C. Barr, etc.
Date: March 1, 2011
Docket Number: 35757
SER W. Va. Secondary School Activity Comm. v. Webster, Judge
Date: February 24, 2011
Docket Number: 10-4001
Barbara Ann Carpenter v. Charles Arthur Carpenter, Jr.
Date: February 15, 2011
Docket Number: 35631
Lawyer Disciplinary Board v. Joseph P. Albright, Jr.
Date: February 11, 2011
Docket Number: 35282
Kristopher O. and Christina O. v. Mazzone, Judge & W. Va. DHHR
Date: February 11, 2011
Docket Number: 35713
State of West Virginia v. Larry S. White, II
Date: February 10, 2011
Docket Number: 35529
State of West Virginia v. Rodney Jason Berry
Date: January 20, 2011
Docket Number: 35501
Robert A. Doering, et al. v. City of Ronceverte, etc.
Date: January 20, 2011
Docket Number: 35553
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