Supreme Court of Appeals of West Virginia Decisions 2013
Opinions 1 - 500 of 1428
Date: December 30, 2013
Docket Number: 12-0203
Date: December 27, 2013
Docket Number: 12-0106
Date: December 27, 2013
Docket Number: 12-0632
Date: December 27, 2013
Docket Number: 12-1206
Date: December 27, 2013
Docket Number: 12-1254
Date: December 20, 2013
Docket Numbers: 12-0370, 12-0371
Date: December 20, 2013
Docket Number: 12-0423
Date: December 20, 2013
Docket Number: 12-0424
Date: December 20, 2013
Docket Number: 12-0427
Date: December 20, 2013
Docket Number: 12-0428
Date: December 20, 2013
Docket Number: 12-0444
Date: December 20, 2013
Docket Number: 12-0447
Date: December 20, 2013
Docket Number: 12-0458
Date: December 20, 2013
Docket Number: 12-0459
Date: December 19, 2013
Docket Number: 12-0375
Date: December 19, 2013
Docket Number: 12-0485
Date: December 19, 2013
Docket Number: 12-0502
Date: December 19, 2013
Docket Number: 12-0506
Date: December 19, 2013
Docket Number: 12-0532
Date: December 19, 2013
Docket Number: 12-0539
Date: December 19, 2013
Docket Number: 12-0540
Date: December 19, 2013
Docket Number: 12-0541
Date: December 19, 2013
Docket Number: 12-0552
Date: December 19, 2013
Docket Number: 12-0681
Date: December 19, 2013
Docket Number: 12-0690
Date: December 19, 2013
Docket Number: 12-0694
Date: December 19, 2013
Docket Number: 12-0695
Date: December 19, 2013
Docket Number: 12-0696
Date: December 19, 2013
Docket Number: 12-0711
Date: December 19, 2013
Docket Number: 12-0725
Date: December 19, 2013
Docket Number: 12-0732
Date: December 17, 2013
Docket Number: 12-0556
Date: December 17, 2013
Docket Number: 12-0558
Date: December 17, 2013
Docket Number: 12-0562
Date: December 17, 2013
Docket Number: 12-0574
Date: December 17, 2013
Docket Number: 12-0585
Date: December 17, 2013
Docket Number: 12-0588
Date: December 17, 2013
Docket Number: 12-0594
Date: December 17, 2013
Docket Number: 12-0595
Date: December 17, 2013
Docket Number: 12-0596
Date: December 16, 2013
Docket Number: 12-1182
Date: December 16, 2013
Docket Number: 12-1390
Date: December 13, 2013
Docket Number: 12-0358
Date: December 13, 2013
Docket Number: 12-0369
Date: December 13, 2013
Docket Number: 12-0373
Date: December 13, 2013
Docket Number: 12-0481
Date: December 13, 2013
Docket Number: 12-0484
Date: December 13, 2013
Docket Number: 12-0498
Date: December 13, 2013
Docket Number: 12-0501
Date: December 13, 2013
Docket Number: 12-0503
Date: December 11, 2013
Docket Number: 12-0267
Date: December 11, 2013
Docket Number: 12-0319
Date: December 11, 2013
Docket Number: 12-0326
Date: December 11, 2013
Docket Number: 12-0333
Date: December 11, 2013
Docket Number: 12-0344
Date: December 11, 2013
Docket Number: 12-0348
Date: December 11, 2013
Docket Number: 12-0349
Date: December 11, 2013
Docket Number: 12-0351
Date: December 11, 2013
Docket Number: 12-0377
Date: December 11, 2013
Docket Number: 12-0385
Date: December 11, 2013
Docket Number: 12-0411
Date: December 11, 2013
Docket Number: 12-0516
Date: December 4, 2013
Docket Number: 12-1493
Date: December 4, 2013
Docket Number: 13-0108
Date: December 4, 2013
Docket Number: 13-0477
Date: December 4, 2013
Docket Number: 13-0499
Date: December 3, 2013
Docket Number: 13-0181
Date: December 2, 2013
Docket Number: 12-1535
Date: December 2, 2013
Docket Number: 13-0288
Date: December 2, 2013
Docket Number: 13-0420
Date: December 2, 2013
Docket Number: 13-0636
Date: November 26, 2013
Docket Number: 11-0643
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree robbery and conspiracy and sentenced to serve fifty-two to sixty years in prison. Defendant appealed the denial of his motion to suppress. The Supreme Court…
Date: November 26, 2013
Docket Number: 11-0737
Date: November 26, 2013
Docket Number: 12-0374
Date: November 26, 2013
Docket Number: 12-0688
Date: November 26, 2013
Docket Number: 12-0811
Justia Opinion Summary: The Charleston Gazette filed an action against the superintendent of the state police under the West Virginia Freedom of Information Act (FOIA) seeking the disclosure of public records from the state police concerning…
Date: November 26, 2013
Docket Number: 12-0829
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder, first degree robbery, and criminal conspiracy. The accomplice who shot and killed the victim pled guilty to first degree murder, and as part of his plea…
Date: November 26, 2013
Docket Number: 12-1243
Date: November 26, 2013
Docket Number: 12-1245
Date: November 26, 2013
Docket Number: 12-1294
Date: November 26, 2013
Docket Number: 12-1310
Date: November 26, 2013
Docket Number: 12-1348
Date: November 26, 2013
Docket Number: 12-1386
Date: November 26, 2013
Docket Number: 12-1540
Date: November 26, 2013
Docket Number: 12-1543
Date: November 26, 2013
Docket Number: 13-0091
Date: November 26, 2013
Docket Number: 13-0133
Date: November 26, 2013
Docket Number: 13-0181
Date: November 26, 2013
Docket Number: 13-0181
Justia Opinion Summary: The parties in this case entered into an agreement with two writings drafted by U-Haul of West Virginia. The first writing was a rental contract signed by the three plaintiffs. The second writing was a rental contract…
Date: November 26, 2013
Docket Number: 13-0417
Date: November 26, 2013
Docket Number: 13-0611
Date: November 26, 2013
Docket Number: 13-0669
Date: November 26, 2013
Docket Number: 13-0697
Date: November 26, 2013
Docket Number: 13-0731
Date: November 22, 2013
Docket Number: 12-0305
Date: November 22, 2013
Docket Number: 12-0306
Date: November 22, 2013
Docket Number: 12-0307
Date: November 22, 2013
Docket Number: 12-0308
Date: November 22, 2013
Docket Number: 12-0310
Date: November 22, 2013
Docket Number: 12-0311
Date: November 22, 2013
Docket Number: 12-0314
Date: November 22, 2013
Docket Number: 12-0316
Date: November 22, 2013
Docket Number: 12-0318
Date: November 22, 2013
Docket Number: 12-0325
Date: November 22, 2013
Docket Number: 12-0823
Date: November 22, 2013
Docket Number: 12-1293
Date: November 22, 2013
Docket Number: 12-1449
Date: November 22, 2013
Docket Number: 12-1471
Date: November 22, 2013
Docket Number: 12-1504
Date: November 22, 2013
Docket Number: 12-1537
Date: November 22, 2013
Docket Number: 12-1539
Date: November 22, 2013
Docket Number: 13-0073
Date: November 22, 2013
Docket Number: 13-0118
Date: November 22, 2013
Docket Number: 13-0209
Date: November 22, 2013
Docket Number: 13-0220
Date: November 22, 2013
Docket Number: 13-0237
Date: November 22, 2013
Docket Number: 13-0251
Date: November 22, 2013
Docket Number: 13-0253
Date: November 22, 2013
Docket Number: 13-0263
Date: November 22, 2013
Docket Number: 13-0264
Date: November 22, 2013
Docket Number: 13-0265
Date: November 22, 2013
Docket Number: 13-0334
Date: November 22, 2013
Docket Number: 13-0363
Date: November 22, 2013
Docket Number: 13-0365
Date: November 22, 2013
Docket Number: 13-0377
Date: November 22, 2013
Docket Number: 13-0385
Date: November 22, 2013
Docket Number: 13-0404
Date: November 22, 2013
Docket Number: 13-0418
Date: November 22, 2013
Docket Number: 13-0428
Date: November 22, 2013
Docket Number: 13-0466
Date: November 22, 2013
Docket Number: 13-0468
Date: November 22, 2013
Docket Number: 13-0532
Date: November 22, 2013
Docket Number: 13-0573
Date: November 21, 2013
Docket Number: 11-1187
Justia Opinion Summary: Beckley Appalachian Regional Hospital (Beckley ARH) was a voluntary provider of medical services through the Medicaid program pursuant to an agreement executed between it and the West Virginia Bureau for Medical Services…
Date: November 21, 2013
Docket Number: 11-1271
Date: November 21, 2013
Docket Number: 11-1271
Justia Opinion Summary: After a jury trial, Petitioner was convicted of first degree murder. Petitioner appealed his conviction, but the Supreme Court refused the request to hear the appeal. Petitioner subsequently filed a request for habeas…
Date: November 21, 2013
Docket Number: 11-1445
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and first degree arson involving a fire that killed his girlfriend. Defendant was sentenced to life imprisonment without the possibility for parole on…
Date: November 21, 2013
Docket Number: 11-1768
Date: November 21, 2013
Docket Number: 11-1768
Justia Opinion Summary: Petitioners purchased a house for $234,000. Six months later, the County Assessor appraised the property and found its fair market value was $355,200. The Board of Review upheld the Assessor's valuation. The circuit…
Date: November 21, 2013
Docket Number: 12-0959
Date: November 21, 2013
Docket Number: 12-1206
Date: November 20, 2013
Docket Number: 12-0262
Date: November 20, 2013
Docket Number: 12-0265
Date: November 20, 2013
Docket Number: 12-0266
Date: November 20, 2013
Docket Number: 12-0274
Date: November 20, 2013
Docket Number: 12-0276
Date: November 20, 2013
Docket Number: 12-0277
Date: November 20, 2013
Docket Number: 12-0280
Date: November 20, 2013
Docket Number: 12-0281
Date: November 18, 2013
Docket Number: 12-0226
Date: November 18, 2013
Docket Number: 12-0237
Date: November 18, 2013
Docket Number: 12-0238
Date: November 18, 2013
Docket Number: 12-0240
Date: November 18, 2013
Docket Number: 12-0241
Date: November 18, 2013
Docket Number: 12-0243
Date: November 18, 2013
Docket Number: 12-0246
Date: November 18, 2013
Docket Number: 12-0249
Date: November 18, 2013
Docket Number: 12-0261
Date: November 18, 2013
Docket Number: 12-0774
Date: November 18, 2013
Docket Number: 13-0159
Date: November 14, 2013
Docket Number: 12-0015
Date: November 14, 2013
Docket Number: 12-0017
Date: November 14, 2013
Docket Number: 12-0019
Date: November 14, 2013
Docket Number: 12-0023
Date: November 14, 2013
Docket Number: 12-0027
Date: November 14, 2013
Docket Number: 12-0028
Date: November 14, 2013
Docket Number: 12-0029
Date: November 14, 2013
Docket Number: 12-0034
Date: November 14, 2013
Docket Number: 12-0049
Date: November 14, 2013
Docket Number: 12-0513
Justia Opinion Summary: Petitioners in these two consolidated appeals were convicted of sexual-related offenses. Both Petitioners were sentenced pursuant to section W. Va. Code 62-12-26, which provides for extended supervision of certain sex…
Date: November 14, 2013
Docket Number: 12-0888
Date: November 14, 2013
Docket Number: 12-1137
Justia Opinion Summary: Edwin Miller Investments, LLC ("EMI") owned twelve acres of real estate used to secure a loan from BCBank, which assigned the note and deed of trust to CGP Development Co. ("CGP"). The State became the legal owner of…
Date: November 14, 2013
Docket Number: 13-0591
Justia Opinion Summary: Husband and Wife were married and had a child together. The family court later entered an order granting the parties a divorce on the grounds of irreconcilable differences. Wife was designated the custodian of the…
Date: November 13, 2013
Docket Number: 11-1564
Justia Opinion Summary: Petitioners in this consolidated appeal were engaged in various aspects of the collection of consumer debts. After the Attorney General (AG) received complaints from consumers indicating that certain Petitioners had…
Date: November 13, 2013
Docket Number: 12-0477
Justia Opinion Summary: Petitioners in these combined cases were former public employees who filed actions in the circuit court alleging violations of the West Virginia Human Rights Act (WVHRA). The circuit courts dismissed the complaints for…
Date: November 13, 2013
Docket Number: 12-1135
Date: November 13, 2013
Docket Number: 12-1135
Justia Opinion Summary: Employee filed this action against Employer, alleging that his exposure to diesel exhaust fumes while employed by Employer caused him to develop cancer. Employee subsequently died, and his wife (Petitioner) was…
Date: November 13, 2013
Docket Number: 12-1254
Justia Opinion Summary: Petitioner was a guest passenger in a vehicle insured by Progressive Classic Insurance Company when the vehicle was rear-ended by a truck. Petitioner received medical payments coverage under the Progressive policy for…
Date: November 13, 2013
Docket Number: 13-0151
Justia Opinion Summary: In 2006, Respondents obtained an adjustable rate mortgage loan from a mortgage company. Respondents executed a deed of trust on the real property being purchased and separately executed an arbitration rider. Respondents…
Date: November 12, 2013
Docket Number: 12-0106
Date: November 12, 2013
Docket Number: 12-0106
Justia Opinion Summary: Plaintiff fell down a staircase in a commercial parking lot that lacked handrails. Plaintiff filed a negligence action against Defendants, who constructed and maintained the stairs, asserting that Defendants were prima…
Date: November 12, 2013
Docket Number: 12-1241
Date: November 12, 2013
Docket Number: 13-0051
Date: November 12, 2013
Docket Number: 13-0067
Date: November 12, 2013
Docket Number: 13-0078
Date: November 12, 2013
Docket Numbers: 13-0096, 13-0422
Date: November 12, 2013
Docket Number: 13-0224
Date: November 12, 2013
Docket Number: 13-0280
Date: November 12, 2013
Docket Number: 13-0400
Date: November 12, 2013
Docket Number: 13-0464
Date: November 8, 2013
Docket Number: 12-0844
Date: November 8, 2013
Docket Number: 12-0993
Date: November 8, 2013
Docket Number: 12-1106
Date: November 8, 2013
Docket Number: 12-1106
Date: November 8, 2013
Docket Number: 12-1111
Date: November 8, 2013
Docket Number: 12-1311
Date: November 8, 2013
Docket Number: 12-1425
Date: November 8, 2013
Docket Numbers: 12-1496, 12-1532
Date: November 8, 2013
Docket Number: 13-0031
Date: November 8, 2013
Docket Number: 13-0038
Date: November 8, 2013
Docket Number: 13-0039
Date: November 8, 2013
Docket Number: 13-0119
Date: November 8, 2013
Docket Number: 13-0122
Date: November 8, 2013
Docket Number: 13-0132
Date: November 8, 2013
Docket Number: 13-0146
Date: November 8, 2013
Docket Number: 13-0173
Date: November 8, 2013
Docket Number: 13-0207
Date: November 8, 2013
Docket Numbers: 13-0218, 13-0219
Date: November 8, 2013
Docket Number: 13-0231
Date: November 8, 2013
Docket Number: 13-0249
Date: November 8, 2013
Docket Number: 13-0250
Date: November 8, 2013
Docket Number: 13-0260
Date: November 8, 2013
Docket Number: 13-0273
Date: November 8, 2013
Docket Number: 13-0431
Date: November 7, 2013
Docket Number: 11-1302
Date: November 7, 2013
Docket Number: 12-0002
Date: November 7, 2013
Docket Number: 12-0070
Date: November 7, 2013
Docket Number: 12-0071
Date: November 7, 2013
Docket Number: 12-0072
Date: November 7, 2013
Docket Number: 12-0073
Date: November 7, 2013
Docket Number: 12-0082
Date: November 7, 2013
Docket Number: 12-0083
Date: November 7, 2013
Docket Number: 12-0084
Date: November 7, 2013
Docket Number: 12-0085
Date: November 7, 2013
Docket Number: 12-0086
Date: November 7, 2013
Docket Number: 12-0113
Date: November 7, 2013
Docket Number: 12-0215
Date: November 7, 2013
Docket Number: 12-0216
Date: November 7, 2013
Docket Number: 12-0217
Date: November 7, 2013
Docket Number: 12-0219
Date: November 7, 2013
Docket Number: 12-0220
Date: November 7, 2013
Docket Number: 12-0222
Date: November 7, 2013
Docket Number: 12-0769
Justia Opinion Summary: Petitioner's decedent, Freda Bradley, purchased a named perils homeowners insurance policy from Farmers and Mechanics Mutual Insurance Company of West Virginia (Farmers). Bradley filed a claim under the policy for damage…
Date: November 7, 2013
Docket Number: 13-0438
Justia Opinion Summary: The Acting Commissioner of the West Virginia Division of Motor Vehicles (the Commissioner) affirmed the revocation of Michael Doonan's driver's license for second offense DUI. Doonan sought review of the revocation order…
Date: November 6, 2013
Docket Number: 12-0042
Justia Opinion Summary: Petitioners and Respondents owned adjoining parcels of property. After the parties purchased their properties, they learned they would be entitled to free gas from a well drilled on a property adjoining Respondents'…
Date: November 6, 2013
Docket Number: 12-0197
Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree and sentenced to life imprisonment without the possibility of parole. The Supreme Court affirmed Defendant's conviction and sentence, holding (1)…
Date: November 6, 2013
Docket Number: 12-0507
Justia Opinion Summary: After an altercation that took place at Bubba's Bar and Grill (Bubba's), Petitioner filed a complaint against Bubba's, asserting three negligence claims. Petitioner subsequently learned that Bubba's was a fictitious name…
Date: November 6, 2013
Docket Number: 12-0775
Date: November 6, 2013
Docket Number: 12-0775
Justia Opinion Summary: Petitioner filed to receive food stamp benefits under the Supplemental Nutrition Assistance Program as a separated spouse in a one-person household. The Department of Health and Human Resources (DHHR) determined that…
Date: November 6, 2013
Docket Number: 12-0835
Justia Opinion Summary: Richard Young was killed while working for Apogee Coal Company (Apogee) after being allegedly instructed by his supervisor, James Browning, to remove a counterweight on an end loader that fell on top of him and killed…
Date: November 6, 2013
Docket Number: 12-1206
Justia Opinion Summary: Respondent was employed periodically by Petitioner. While engaged in certain activities at an apartment complex that was being demolished by Petitioner, Respondent was injured. Respondent filed a workers' compensation…
Date: November 6, 2013
Docket Number: 12-1276
Justia Opinion Summary: After Mother and Father separated, the family court filed an order granting Mother permission to change her residence to the state of Georgia and to have primary physical custody of the parties' child. Two years later,…
Date: November 6, 2013
Docket Number: 12-1371
Justia Opinion Summary: In 2009, GameStop, Inc., which operated retail stores that sold video games and video gaming software, hired Petitioner as an assistant manager. When she began her employment, Petitioner received a store associate…
Date: November 6, 2013
Docket Number: 13-0072
Date: November 6, 2013
Docket Number: 13-0458
Justia Opinion Summary: Lisa Martin filed a domestic violence petition against Chubby Hoston, who was incarcerated. Attorney Colin Cline was appointed to act as Hoston's guardian ad litem. Based on a statement made by Hoston that Cline…
Date: November 5, 2013
Docket Number: 12-0422
Justia Opinion Summary: Petitioner was a licensed physical therapist and the owner of a therapy center that operated two facilities. The West Virginia Board of Physical Therapy revoked Petitioner's license for failure to properly supervise…
Date: November 1, 2013
Docket Number: 11-1734
Date: November 1, 2013
Docket Number: 11-1744
Date: November 1, 2013
Docket Number: 12-0051
Date: November 1, 2013
Docket Number: 12-0069
Date: November 1, 2013
Docket Number: 12-0093
Date: November 1, 2013
Docket Number: 12-0094
Date: November 1, 2013
Docket Number: 12-0119
Date: November 1, 2013
Docket Number: 12-0142
Date: November 1, 2013
Docket Number: 12-0146
Date: November 1, 2013
Docket Number: 12-0353
Date: October 30, 2013
Docket Number: 12-0162
Date: October 30, 2013
Docket Number: 12-0172
Date: October 30, 2013
Docket Number: 12-0183
Date: October 30, 2013
Docket Number: 12-0192
Date: October 30, 2013
Docket Number: 12-0212
Date: October 30, 2013
Docket Number: 12-0213
Date: October 30, 2013
Docket Number: 12-0214
Date: October 29, 2013
Docket Number: 12-0774
Justia Opinion Summary: Plaintiff sought underinsured motorists (UIM) coverage from Respondent, Plaintiff's insurance carrier, after he was involved in an accident. Plaintiff and his wife eventually filed suit against Respondent seeking to…
Date: October 28, 2013
Docket Number: 12-0609
Justia Opinion Summary: Petitioner was convicted of second degree murder and death of a child by a parent, guardian, or custodian. Petitioner filed a petition for a writ of habeas corpus, claiming that he had been punished twice for the same…
Date: October 28, 2013
Docket Number: 12-1476
Date: October 28, 2013
Docket Number: 12-1488
Date: October 28, 2013
Docket Number: 13-0084
Date: October 25, 2013
Docket Number: 11-1348
Date: October 25, 2013
Docket Number: 11-1475
Date: October 25, 2013
Docket Number: 11-1527
Date: October 25, 2013
Docket Number: 11-1634
Date: October 25, 2013
Docket Number: 12-0120
Date: October 25, 2013
Docket Number: 12-0180
Date: October 25, 2013
Docket Number: 12-0705
Justia Opinion Summary: Hess Oil Company asserted an unfair trade practices claim against two insurance companies. The jury returned a verdict against the insurance companies and awarded punitive damages. The circuit court, however, reduced the…
Date: October 25, 2013
Docket Number: 12-0777
Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree and malicious wounding. Defendant was sentenced to life imprisonment without the possibility of parole for the murder count and up to ten years'…
Date: October 25, 2013
Docket Number: 12-1028
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and sentenced to life in prison without the possibility of parole. The Supreme Court affirmed the judgment on appeal. Defendant later filed a petition…
Date: October 25, 2013
Docket Number: 12-1066
Justia Opinion Summary: After a jury trial, Petitioner was convicted of sexual abuse by a parent, guardian or custodian, and distribution and display of obscene matter to a minor. The victim, who was four years old at the time of the offenses,…
Date: October 25, 2013
Docket Number: 12-1069
Date: October 25, 2013
Docket Number: 12-1069
Justia Opinion Summary: Plaintiff's six-year-old daughter Amber was diagnosed with La Crosse encephalitis at the Charleston Area Medical Center (CAMC). After Amber began having seizures, Dr. Caceres, the on-call attending physician for the…
Date: October 24, 2013
Docket Number: 11-1383
Date: October 24, 2013
Docket Number: 11-1389
Date: October 24, 2013
Docket Number: 11-1391
Date: October 24, 2013
Docket Number: 11-1392
Date: October 24, 2013
Docket Number: 11-1408
Date: October 24, 2013
Docket Number: 11-1413
Date: October 24, 2013
Docket Number: 11-1503
Date: October 24, 2013
Docket Number: 11-1509
Date: October 24, 2013
Docket Number: 11-1743
Date: October 24, 2013
Docket Number: 11-1745
Date: October 24, 2013
Docket Number: 11-1759
Date: October 24, 2013
Docket Number: 11-1761
Date: October 24, 2013
Docket Number: 12-0001
Date: October 24, 2013
Docket Number: 12-0315
Date: October 24, 2013
Docket Number: 12-0824
Justia Opinion Summary: Joe Mallory called McDowell County 911 to request assistance, reporting that a man was threatening to kick in his door and harm him. A dispatcher took Mallory's call. After the Dispatcher learned the man had left…
Date: October 24, 2013
Docket Number: 12-1337
Justia Opinion Summary: Plaintiff filed a deliberate intent action alleging he was injured while constructing a mine portal canopy at defendant Frontier Coal Company's camp. On the final day of trial, a conversation took place between a trial…
Date: October 22, 2013
Docket Number: 12-1143
Date: October 21, 2013
Docket Number: 11-1212
Date: October 21, 2013
Docket Number: 11-1566
Date: October 21, 2013
Docket Number: 11-1570
Date: October 21, 2013
Docket Number: 11-1581
Date: October 21, 2013
Docket Number: 11-1672
Date: October 21, 2013
Docket Number: 11-1679
Date: October 21, 2013
Docket Number: 11-1681
Date: October 21, 2013
Docket Number: 11-1683
Date: October 21, 2013
Docket Number: 11-1684
Date: October 21, 2013
Docket Numbers: 12-0638, 12-0638&, 12-0992
Date: October 21, 2013
Docket Number: 12-0638&
Justia Opinion Summary: These consolidated cases involved tax assessments for Petitioner's property. In the first appeal, Petitioner challenged the 2010 tax assessment to his property. The Board of Review and Equalization determined that…
Date: October 21, 2013
Docket Number: 12-0764
Justia Opinion Summary: Respondents, owners of coal-bearing properties in Taylor County, challenged tax assessments on their properties during the 2010 tax year. The County Assessor challenged the State Tax Commissioner's appraisals of…
Date: October 21, 2013
Docket Number: 12-1090
Date: October 21, 2013
Docket Number: 12-1096
Date: October 21, 2013
Docket Number: 12-1458
Date: October 21, 2013
Docket Number: 12-1459
Date: October 21, 2013
Docket Number: 12-1544
Date: October 21, 2013
Docket Number: 13-0131
Date: October 21, 2013
Docket Number: 13-0230
Date: October 21, 2013
Docket Number: 13-0272
Date: October 21, 2013
Docket Number: 13-0301
Date: October 21, 2013
Docket Number: 13-0310
Date: October 21, 2013
Docket Number: 13-0332
Date: October 21, 2013
Docket Number: 13-0619
Date: October 18, 2013
Docket Number: 12-0712
Date: October 18, 2013
Docket Number: 12-1048
Date: October 18, 2013
Docket Number: 12-1122
Date: October 18, 2013
Docket Number: 12-1256
Date: October 18, 2013
Docket Number: 12-1271
Date: October 18, 2013
Docket Number: 12-1312
Date: October 18, 2013
Docket Number: 12-1313
Date: October 18, 2013
Docket Number: 12-1400
Date: October 18, 2013
Docket Number: 12-1420
Date: October 18, 2013
Docket Number: 12-1436
Date: October 18, 2013
Docket Number: 12-1460
Date: October 18, 2013
Docket Number: 12-1470
Date: October 18, 2013
Docket Number: 12-1501
Date: October 18, 2013
Docket Number: 12-1507
Date: October 18, 2013
Docket Number: 12-1533
Date: October 18, 2013
Docket Number: 12-1538
Date: October 18, 2013
Docket Number: 13-0052
Date: October 18, 2013
Docket Number: 13-0111
Date: October 18, 2013
Docket Number: 13-0112
Date: October 17, 2013
Docket Number: 12-0396
Justia Opinion Summary: After a jury trial, Defendant was convicted of child neglect. Thereafter, a jury convicted Defendant on recidivist charges, for which Defendant was sentenced to life imprisonment. The trial court subsequently granted…
Date: October 17, 2013
Docket Number: 12-0439
Justia Opinion Summary: After a jury trial, Defendant was convicted of voluntary manslaughter, wanton endangerment, and carrying a concealed weapon without a permit. Defendant appealed, arguing, among other things, that he was denied his…
Date: October 17, 2013
Docket Number: 12-0548
Justia Opinion Summary: Plaintiff was employed as a welder by Defendant when he sustained severe burns from an arc blast emanating from a 480-volt electrical box as he attempted to turn on the power at his work station. Plaintiff sued…
Date: October 17, 2013
Docket Number: 12-0619
Justia Opinion Summary: Petitioner and his political party leader filed a post-election mandamus action seeking the removal of Anthony Veltri, who had been elected and sworn into office as a county commissioner, on the grounds that Veltri did…
Date: October 17, 2013
Docket Number: 12-1273
Justia Opinion Summary: Amanda Dingess was arrested for DUI after Dingess failed three field sobriety tests. The Department of Motor Vehicles (DMV) subsequently revoked Dingess's drivers license for the DUI. Dingess filed a request for an…
Date: October 17, 2013
Docket Number: 13-0109
Justia Opinion Summary: The circuit court adjudicated Mother as an abusive and neglectful parent with regard to her child, J.C., on the basis of Mother's drug use, the termination of Mother's parental rights to three other children, the history…
Date: October 17, 2013
Docket Number: 13-0159
Justia Opinion Summary: Parents filed a product liability action on behalf of Child, who was severely burned while attempting to start a fire in his family's fireplace with a fire starter gel. Defendants filed third-party complaints against…
Date: October 11, 2013
Docket Number: 11-1674
Date: October 8, 2013
Docket Number: 11-1674
Date: October 8, 2013
Docket Number: 11-1674
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole. The Supreme Court affirmed Defendant's conviction, holding (1) Defendant was not…
Date: October 7, 2013
Docket Number: 12-0301
Justia Opinion Summary: After a jury trial, Petitioner was convicted of one count of second degree sexual assault and sentenced to a suspended sentence of ten to twenty-five years in prison. Petitioner appealed, alleging several assignments of…
Date: October 7, 2013
Docket Number: 12-0389
Justia Opinion Summary: Respondent began employment with Employer in 2005. In 2006, Respondent was terminated for refusing to take a drug test, but he was re-hired one month later. In 2007, Respondent suffered a compensable back injury and…
Date: October 7, 2013
Docket Number: 12-0688
Justia Opinion Summary: Petitioners, who had a liability policy with State Farm, were involved in a motor vehicle accident. Petitioners filed an underinsured motorist claim with State Farm. Based on the absence of underinsurance coverage in…
Date: October 7, 2013
Docket Number: 12-1121
Justia Opinion Summary: After a jury trial, Petitioner was convicted of one count of child neglect resulting in death and two counts of gross child neglect creating a substantial risk of serious bodily injury or of death. The Supreme Court…
Date: October 4, 2013
Docket Number: 11-1382
Date: October 4, 2013
Docket Number: 11-1382
Justia Opinion Summary: Petitioner injured her wrist and shoulder at work while assisting a contract employee lift a box of clothes that had been left in Petitioner's office. The Workers' Compensation Board of Review (BOR) denied Petitioner's…
Date: October 4, 2013
Docket Number: 11-1721
Date: October 4, 2013
Docket Number: 12-0003
Date: October 4, 2013
Docket Number: 12-0004
Date: October 4, 2013
Docket Number: 12-0007
Date: October 4, 2013
Docket Number: 12-0009
Date: October 4, 2013
Docket Number: 12-0010
Date: October 4, 2013
Docket Number: 12-0012
Date: October 4, 2013
Docket Number: 12-0033
Date: October 4, 2013
Docket Number: 12-0052
Date: October 4, 2013
Docket Number: 12-0056
Date: October 4, 2013
Docket Number: 12-0059
Date: October 4, 2013
Docket Number: 12-0063
Date: October 4, 2013
Docket Number: 12-0065
Date: October 4, 2013
Docket Number: 12-0066
Date: October 4, 2013
Docket Number: 12-0067
Date: October 4, 2013
Docket Number: 12-0068
Date: October 4, 2013
Docket Number: 12-0418
Justia Opinion Summary: After Petitioners and Respondent, Town of Clay, entered into a construction contract, Petitioners filed a complaint for preliminary injunctive relief based on a dispute over the contract. Petitioners paid a $25,000…
Date: October 4, 2013
Docket Number: 12-0608
Date: October 4, 2013
Docket Number: 12-0897
Date: October 4, 2013
Docket Number: 12-0914
Date: October 4, 2013
Docket Number: 12-0921
Date: October 4, 2013
Docket Numbers: 12-0946, 12-0981
Date: October 4, 2013
Docket Number: 12-0971
Date: October 4, 2013
Docket Number: 12-1047
Date: October 4, 2013
Docket Number: 12-1103
Date: October 4, 2013
Docket Number: 12-1163
Date: October 4, 2013
Docket Number: 12-1194
Date: October 4, 2013
Docket Number: 12-1195
Date: October 4, 2013
Docket Number: 12-1211
Date: October 4, 2013
Docket Number: 12-1221
Date: October 4, 2013
Docket Number: 12-1246
Date: October 4, 2013
Docket Number: 12-1263
Date: October 4, 2013
Docket Number: 12-1288
Date: October 4, 2013
Docket Number: 12-1298
Date: October 4, 2013
Docket Number: 12-1299
Date: October 4, 2013
Docket Number: 12-1302
Date: October 4, 2013
Docket Number: 12-1303
Date: October 4, 2013
Docket Number: 12-1347
Date: October 4, 2013
Docket Number: 12-1354
Date: October 4, 2013
Docket Number: 12-1373
Date: October 4, 2013
Docket Number: 12-1416
Date: October 4, 2013
Docket Number: 12-1418
Date: October 4, 2013
Docket Number: 12-1490
Date: October 4, 2013
Docket Number: 12-1513
Date: October 4, 2013
Docket Number: 13-0008
Date: October 4, 2013
Docket Number: 13-0044
Date: October 4, 2013
Docket Number: 13-0139
Date: October 3, 2013
Docket Number: 12-0227
Justia Opinion Summary: Respondents sought to prove adverse possession of a tract of land against Petitioner. In support of their claim, Respondents presented evidence that they were the children of Ralph Pack, who purchased the tract of land…
Date: October 3, 2013
Docket Number: 12-0991
Justia Opinion Summary: Plaintiff filed a legal malpractice action against two attorneys and a law firm (Respondents) alleging that their negligence resulted in failed collateral in securing a promissory note, particularly a defective deed on…
Date: October 2, 2013
Docket Number: 11-1496
Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple felonies, including first degree murder. Defendant appealed, arguing primarily that the trial court erred in allowing him to represent himself, thus depriving him…
Date: October 1, 2013
Docket Number: 12-1015
Date: October 1, 2013
Docket Number: 12-1043
Date: October 1, 2013
Docket Number: 12-1282
Date: October 1, 2013
Docket Number: 12-1285
Date: October 1, 2013
Docket Number: 12-1314
Date: October 1, 2013
Docket Number: 12-1397
Date: October 1, 2013
Docket Number: 12-1399
Date: October 1, 2013
Docket Number: 12-1531
Date: October 1, 2013
Docket Number: 13-0033
Date: October 1, 2013
Docket Number: 13-0149
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