Supreme Court of Appeals of West Virginia Decisions 2013

Opinions 501 - 1000 of 1428

In Re: B.R. and C.R. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0351
In Re: S.A. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0353
In Re: W.S., W.V. and A.R. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0354
In Re: J.W., J.W. and J.S. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0389
In Re: J.C. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0393
In Re: A.F., P.F. and J.F. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0401
In Re: V.W. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0410
In Re: B.B., J.B., H.B. and L.M. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0432
In Re: J.M. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0439
In Re: B.K. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0455
In Re: B.B., J.B., H.B. and L.M. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0456
In Re: M.R. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0493
Joshua Slater v. David Ballard, Warden (Memorandum Decision)
Date: September 27, 2013
Docket Number: 12-0330
Caudill v. CSX Transp. (Signed Opinion)  
Date: September 27, 2013
Docket Number: 12-0420

Justia Opinion Summary: Petitioner was employed by CSX Transportation, Inc. (CSXT) as a conductor. Alleging that he sustained injuries to his back due to unsupportive seats on the cabooses and locomotives, Petitioner filed this action against…

Bowden v. Monroe County Comm'n (Per Curiam Opinion)  
Date: September 27, 2013
Docket Number: 12-0614

Justia Opinion Summary: Decedent died as a result of the injuries he received when he was attacked by several pit bull terriers. Petitioner, the administratrix of Decedent's estate, brought this action against Respondents, the Monroe County…

Lawyer Disciplinary Board v. Wendelyn A. Elswick (Per Curiam Opinion)
Date: September 26, 2013
Docket Number: 11-0729
Arthur and Virginia Thornsbury v. Cabot Oil & Gas (Separate)
Date: September 26, 2013
Docket Number: 12-0152
Thornsbury v. Cabot Oil & Gas Corp. (Per Curiam Opinion)  
Date: September 26, 2013
Docket Number: 12-0152

Justia Opinion Summary: Plaintiffs were owners of the surface of a thirty-acre tract of land. Defendant, an oil and gas corporation, claimed that, in 1949, it leased the rights to the gas under the tract. In 2006, the parties entered into a…

Dale v. McCormick (Per Curiam Opinion)  
Date: September 26, 2013
Docket Number: 12-0153

Justia Opinion Summary: Respondent's vehicle was stopped for swerving and crossing the centerline. Respondent then failed three field sobriety tests and was arrested for driving under the influence. While in the town hall, the officer performed…

State v. Horn (Signed Opinion)  
Date: September 26, 2013
Docket Number: 12-0534

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree in violation of W. Va. Code 61-2-1 and arson in the first degree. The trial court sentenced Defendant to life imprisonment for the murder…

Jackson v. Belcher (Signed Opinion)  
Date: September 26, 2013
Docket Number: 12-0632

Justia Opinion Summary: Joseph Jackson, an employee of the Department of Transportation, Division of Highways (DOH), was operating a dump truck and performing clean-up work pursuant to a state of emergency declaration, when he struck Joseph…

Ally Financial, Inc. v. Catherine A. Smallwood (Memorandum Decision)
Date: September 26, 2013
Docket Number: 12-0636
Manville Pers. Injury Settlement Fund v. Blankenship (Signed Opinion)  
Date: September 12, 2013
Docket Number: 11-1488

Justia Opinion Summary: A 2007 stockholders’ derivative suit alleged that Massey’s officers and directors breached their fiduciary duties by failing to make sure that Massey employees were complying with environmental and mine worker safety…

Alan Starcher v. Alcan Rolled Products (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1630
Ronald Seckman v. Alcan Rolled Products (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1631
John K. Baird v. Alcan Rolled Products (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1632
Michelle Conner v. Teletech Customer Care (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1637
Betty George, Widow v. Island Creek Coal (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1662
Michael D. Caudill Jr. v. Crum Contracting (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1663
Bridgette A. Dobbs v. Glenn Enterprises (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1708
Paula J. Taylor v. Davis & Elkins College (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1725
Donald L. Peggs Jr. v. Carter Roag Coal (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1728
Sharon Johnson, Widow v. Alcan Rolled Products (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1729
Kenna Johnston v. CRW West Virginia (Memorandum Decision)
Date: September 12, 2013
Docket Number: 11-1740
Cava, v. Nat'l Union Fire Ins. Co. of Pittsburgh (Signed Opinion)  
Date: September 12, 2013
Docket Number: 12-0203

Justia Opinion Summary: Fluker filed a lawsuit against Cava Toyota World on April 3, 2009, alleging that he was wrongfully terminated from his employment. The defendants reported the lawsuit to their insurance carrier, National Union, four days…

State of West Virginia v. Ronald Goins (Separate)
Date: September 12, 2013
Docket Number: 12-0256
State of West Virginia v. Goins (Signed Opinion)  
Date: September 12, 2013
Docket Number: 12-0256

Justia Opinion Summary: After drinking and getting into an argument with his wife, Goins shot a gun at a vehicle in which his wife’s brother and his family were seated. He was convicted of five counts of misdemeanor brandishing and sentenced to…

Brown. v. Fluharty (Per Curiam Opinion)  
Date: September 12, 2013
Docket Number: 12-0365

Justia Opinion Summary: In 2009 McCausland, executed a “Last Will and Testament” naming Fluharty as executor and bequeating the residue of his estate to a Trust, established in 2002. Months later, McCausland was physically incapacitated and…

Office of Disciplinary Counsel v. Karen E. Acord (Memorandum Decision)
Date: September 12, 2013
Docket Number: 13-0545
Dale R. Hurley v. Union Stamping & Assembly (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1543
Kevin Gump v. Graham-Simon Plumbing (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1588
Judith Keener v. Interim Health Care of PHG (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1592
Billy Jack Greene v. Magnum Coal (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1622
Anthony R. Gibson Jr. v. Brody Mining (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1623
Gregory S. Lutz v. Mystic Hills Transportation (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1624
CCBCC, Inc. v. Roy Burgess (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1688
Teshea Meadows v. Princeton Memorial (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1700
St. Mary's Medical Center v. Elizabeth J. Dingess (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1707
Jerry Mullins v. Pinnacle Mining (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1709
Donna Rader v. Nicholas Co. Community Action (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1718
Emery L. Massey v. United Coal (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1720
Performance Coal v. Scott Halstead (Memorandum Decision)
Date: September 10, 2013
Docket Number: 11-1723
Jerry Mullins v. Pinnacle Mining (Memorandum Decision)
Date: September 10, 2013
Docket Number: 12-0032
Douglas A. Redleski v. Marvin Plumley, Warden (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-0487
State of West Virginia v. Tirrell A. Morton (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1000
State of West Virginia v. Robbie Pertee (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1064
State of West Virginia v. Alfred Williams (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1150
Margaret A. Beckwith v. Robert N. Beckwith (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1165
Randall Jeffrey L. v. Marvin Plumley, Warden (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1196
State of West Virginia v. Phillip Morris (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1222
Michael L. Buracker v. Berkeley County Council (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1264
State of West Virginia v. Nocha R. Brewer (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1291
State of West Virginia v. Christopher Ryan Draper (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1295
Adonis Newsome v. Patrick Mirandy, Warden (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1316
State of West Virginia v. Blane Wolford (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1326
Timothy M. v. David Ballard, Warden (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1331
State of West Virginia v. Noah Thacker (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1332
State of West Virginia v. Shane Donovan Waller (Memorandum Decision)
Date: September 3, 2013
Docket Number: 12-1387
State of West Virginia v. Santana Radford (Memorandum Decision)
Date: September 3, 2013
Docket Number: 13-0056
In Re: K.F. Jr. (Memorandum Decision)
Date: September 3, 2013
Docket Number: 13-0164
State of West Virginia v. Douglas A. Redleski (Memorandum Decision)
Date: September 3, 2013
Docket Number: 13-0171
In Re: J.W.-1, J.W.-2, and L.W. (Memorandum Decision)
Date: September 3, 2013
Docket Number: 13-0200
In Re: E.M. (Memorandum Decision)
Date: September 3, 2013
Docket Number: 13-0316
In Re: B.L. and R.L. (Memorandum Decision)
Date: September 3, 2013
Docket Number: 13-0328
Nicholas Ray Bryant v. City of Fairmont (Memorandum Decision)
Date: August 30, 2013
Docket Number: 12-1391
Kayla F. v. Leonard and Rhonda F. (Memorandum Decision)
Date: July 30, 2013
Docket Number: 12-1465
Janice L. Palicka v. Wheeling Hospital (Memorandum Decision)
Date: July 24, 2013
Docket Number: 11-1462
Terry E. Lilly v. Kingston Mining (Memorandum Decision)
Date: July 24, 2013
Docket Number: 11-1526
Thomas E. Rader v. Huntington Alloys Corp. (Memorandum Decision)
Date: July 24, 2013
Docket Number: 11-1540
Lincare Holdings v. Sancha Adkins (Memorandum Decision)
Date: July 24, 2013
Docket Number: 11-1547
Vodra J. Stalnaker v. Elkem Management (Memorandum Decision)
Date: July 24, 2013
Docket Number: 11-1557
Performance Coal v. Charles Williams (Memorandum Decision)
Date: July 19, 2013
Docket Number: 11-1457
Howard Junior Workman v. United Coal Co. (Memorandum Decision)
Date: July 19, 2013
Docket Number: 11-1476
Steven Lancaster v. Aker Construction (Memorandum Decision)
Date: July 19, 2013
Docket Number: 11-1477
Gregory K. Hill v. ICL Performance Products (Memorandum Decision)
Date: July 19, 2013
Docket Number: 11-1479
Dale R. Hurley v. Union Stamping & Assembly (Memorandum Decision)
Date: July 19, 2013
Docket Number: 11-1480
Timothy G. Haught v. United Construction (Memorandum Decision)
Date: July 19, 2013
Docket Number: 11-1548
Jamie A. Matney v. Coal Haulers, Inc. (Memorandum Decision)
Date: July 19, 2013
Docket Number: 11-1571
John D. Lewis v. Wilson Electric Services (Memorandum Decision)
Date: July 19, 2013
Docket Number: 11-1572
Berlyle A. Barkley v. Duane Zorbrist Group (Memorandum Decision)
Date: July 19, 2013
Docket Number: 11-1585
Clarence T. Smith Sr. v. Shaw Group (Memorandum Decision)
Date: July 17, 2013
Docket Number: 11-1423
Mark S. White v. Proud Eagle, Inc. (Memorandum Decision)
Date: July 17, 2013
Docket Number: 11-1424
SWVA, Inc. v. Chuck Rutherford (Memorandum Decision)
Date: July 17, 2013
Docket Number: 11-1434
James B. Smith v. HWM Truck Lines (Memorandum Decision)
Date: July 17, 2013
Docket Number: 11-1437
Jason D. Jones v. Multiplex, Inc. (Memorandum Decision)
Date: July 17, 2013
Docket Number: 11-1438
John D. Walls v. Arch Coal, Inc. (Memorandum Decision)
Date: July 17, 2013
Docket Number: 11-1439
State of West Virginia v. Timothy Ray Sutherland (Separate)
Date: July 16, 2013
Docket Number: 11-0799
American States Insurance v. Barbara Surbaugh (Separate)
Date: July 16, 2013
Docket Number: 11-1186
Ronald R. Austin v. City of Buckhannon (Memorandum Decision)
Date: July 15, 2013
Docket Number: 11-0903
Ralph A. Crowe v. Magnum Coal Co. (Memorandum Decision)
Date: July 15, 2013
Docket Number: 11-1022
Clarence Harless v. Eastern Assoc. Coal (Memorandum Decision)
Date: July 15, 2013
Docket Number: 11-1036
Beverly Gray, Widow v. Hawkeye Contracting (Memorandum Decision)
Date: July 15, 2013
Docket Number: 11-1090
Greg Zanelotti v. March Westin Company (Memorandum Decision)
Date: July 15, 2013
Docket Number: 11-1190
Kelcey Francis Wolfe v. Consolidation Coal (Dissent)
Date: July 15, 2013
Docket Number: 11-1262
Kelcey Francis Wolfe v. Consolidation Coal (Memorandum Decision)
Date: July 15, 2013
Docket Number: 11-1262
Roy D. Lawson v. US Steel Corp. (Memorandum Decision)
Date: July 15, 2013
Docket Number: 11-1316
Edward D. Burch v. SWVA, Inc. (Memorandum Decision)
Date: July 15, 2013
Docket Number: 11-1361
Alcon, LLC v. Cledith K. Kincaid (Memorandum Decision)
Date: July 11, 2013
Docket Number: 11-1393
Debra A. Fisher v. Wheeling Hospital (Memorandum Decision)
Date: July 11, 2013
Docket Number: 11-1409
Debra A. Fisher v. Wheeling Hospital (Memorandum Decision)
Date: July 11, 2013
Docket Number: 11-1410
David Adkins v. A.T. Massey Coal (Memorandum Decision)
Date: July 11, 2013
Docket Number: 11-1431
David Adkins v. A.T. Massey Coal (Memorandum Decision)
Date: July 11, 2013
Docket Number: 11-1432
James C. Shuff v. Huntington Alloys (Memorandum Decision)
Date: July 11, 2013
Docket Number: 11-1481
Amy M. Young v. Loved Ones In-Home Care (Memorandum Decision)
Date: July 11, 2013
Docket Number: 11-1501
David Adkins v. A.T. Massey Coal (Memorandum Decision)
Date: July 11, 2013
Docket Number: 12-0523
Deanna McKinney v. Kathy L. Fannin (Memorandum Decision)
Date: July 8, 2013
Docket Number: 12-0437
Jospeh McCutcheon v. Larry D. Parsons (Memorandum Decision)
Date: July 8, 2013
Docket Number: 12-0698
Andrew C. Smith v. City of Morgantown (Memorandum Decision)
Date: July 8, 2013
Docket Number: 12-0793
David Cline v. Hancock County Commission (Memorandum Decision)
Date: July 8, 2013
Docket Number: 12-0799
James W. v. David Ballard, Warden (Memorandum Decision)
Date: July 8, 2013
Docket Number: 12-0800
Raymond Whitley v. Evelyn Seifert, Warden (Memorandum Decision)
Date: July 8, 2013
Docket Number: 12-0869
Brandon Rice v. Marvin Plumley, Warden (Memorandum Decision)
Date: July 8, 2013
Docket Number: 12-0902
Mary Collia v. David Grubb (Memorandum Decision)
Date: July 8, 2013
Docket Number: 12-0956
State of West Virginia v. Charlotte Elza (Memorandum Decision)
Date: July 8, 2013
Docket Number: 12-1049
John MacDougall v. Renda Osburn (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0175
State of West Virginia v. Larry Butterworth (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0571
State of West Virginia v. Harold Wayne Nice (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0701
William A. Larue v. David Ballard, Warden (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0743
Thomas Talbert v. David Ballard, Warden (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0798
State of West Virginia v. Gabriel Heater (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0814
State of West Virginia v. Shawn Pethel (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0838
State of West Virginia v. James A. Peronti (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0879
State of West Virginia v. Tony Lewis (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0920
Paul White v. Marvin Plumley, Warden (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-0999
State of West Virginia v. Brent Boggs (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-1057
Ryan P. v. Vicky P. and Elias P. (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-1060
Edward R. Kohout v. Metro Towers, LLC (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-1062
Dale Wallace v. I.L. Long Construction (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-1089
Kevin Phillips v. Evelyn Seifert, Warden (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-1430
State of West Virginia v. Brent Radabaugh (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-1461
In Re: S.C. (Memorandum Decision)
Date: June 28, 2013
Docket Number: 12-1515
In Re: T.S. and C.S. (Memorandum Decision)
Date: June 28, 2013
Docket Number: 13-0167
In Re: C.W., D.W., S.W., X.W. and I.W. (Memorandum Decision)
Date: June 28, 2013
Docket Number: 13-0172
In Re: M.A. (Memorandum Decision)
Date: June 28, 2013
Docket Number: 13-0228
In Re: M.A. (Memorandum Decision)
Date: June 28, 2013
Docket Number: 13-0229
In Re: A.D. and T.S. (Memorandum Decision)
Date: June 28, 2013
Docket Number: 13-0236
In Re: J.R. and D.R. (Memorandum Decision)
Date: June 28, 2013
Docket Number: 13-0242
Leetta Beachum, Administratrix v. Timothy Joseph White (Memorandum Decision)
Date: June 24, 2013
Docket Number: 11-1479
Thomas D. Chenault v. Sharon K. Chenault (Memorandum Decision)
Date: June 24, 2013
Docket Number: 11-1532
Danielle T. Hilling v. Lori Nohe, Warden (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0131
State of West Virginia v. Mark Lynn J. (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0272
Scott Alan Batt v. Mary Cathryn Batt (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0289
State of West Virginia v. Brian Jospeh Ward (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0300
State of West Virginia v. Jaymason Robinson (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0368
Dan Salamie v. TD Ameritrade (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0634
John Myers IV v. John Lawrence Pauley III (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0718
Barry W. v. David Ballard, Warden (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0795
State of West Virginia v. Henry S. (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0796
State of West Virginia v. Jason A. Ray (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0878
State of West Virginia v. Allen W. Baker (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0886
State of West Virginia v. Ronald D. Smith (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0955
Sherry Frame v. JPMorgan Chase, et al. (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0967
Dan Salamie v. Bruce P. Conrad (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-0969
Angela Bailey v. Wexford Health Sources (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1017
Roger Riggleman v. Pilgrim's Pride (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1025
Eva Price v. Morgan Financial Group, etc. (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1026
Thomas D. Chenault v. Sharon K. Chenault (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1061
State of West Virginia v. Glen Tanner (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1077
State of West Virginia v. William Ray Hall (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1082
Robert McFarland v. David Ballard, Warden (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1105
Crown Enterprises v. E.L.C.M., LLC (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1113
Kevin S.H. v. Amy H. (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1114
In Re: Timber M. & Reuben M. (Separate)
Date: June 24, 2013
Docket Number: 12-1138
Debra Stuter v. Teresa Fortin, etc. (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1185
Andrew O. v. Racing Corp. of W. Va. (Memorandum Decision)
Date: June 24, 2013
Docket Number: 12-1255
In Re: M.J. (Memorandum Decision)
Date: June 24, 2013
Docket Number: 13-0104
State of West Virginia v. Charles Edward Bruffey (Separate)
Date: June 21, 2013
Docket Number: 12-0189
Credit Acceptance Corp. v. Robert J. and Billye S. Front, etc. (Separate)
Date: June 19, 2013
Docket Numbers: 11-1646, 12-0545
Credit Acceptance Corp. v. Front (Signed Opinion)  
Date: June 19, 2013
Docket Number: 11-1646

Justia Opinion Summary: The cases underlying these consolidated appeals involved the purchase of an automobile. Plaintiffs purchased vehicles and signed retail installment contracts with three separate dealers. The dealers assigned their rights…

State of West Virginia v. William Robert Bevel (Separate)
Date: June 19, 2013
Docket Number: 11-1675
SER Ten South Management v. Hon. Robert B. Wilson (Separate)
Date: June 19, 2013
Docket Number: 12-0678
State ex rel. Ten S. Mgmt. v. W. Va. Human Rights Comm'n (Signed Opinion)  
Date: June 19, 2013
Docket Number: 12-0678

Justia Opinion Summary: Respondent was employed by Petitioner. After Respondent was terminated, she filed a complaint with the West Virginia Human Rights Commission alleging that she was unlawfully discriminated against. The director of…

In re Marley M. (Signed Opinion)  
Date: June 19, 2013
Docket Number: 12-0957

Justia Opinion Summary: The Department of Health and Human Resources (DHHR) filed an abuse and neglect petition against Mother. The basis of the petition was the allegation that Mother intentionally abused two unrelated, non-household member…

In Re: Timber M. & Reuben M. (Separate)
Date: June 19, 2013
Docket Number: 12-1138
Cherrington v. Erie Ins. Prop. & Cas. Co. (Signed Opinion)  
Date: June 18, 2013
Docket Number: 12-0036

Justia Opinion Summary: Lisbeth Cherrington entered into a contract with the Pinnacle Group for the construction of a home. Anthony Mamone worked with Cherrington during the contract and construction process. After the construction was…

Tribeca Lending Corp. v. James E. McCormick (Separate)
Date: June 18, 2013
Docket Number: 12-0150
Tribeca Lending Corp. v. McCormick (Signed Opinion)  
Date: June 18, 2013
Docket Number: 12-0150

Justia Opinion Summary: Respondent refinanced the mortgage on his home with a loan he obtained from Petitioner. Because Respondent failed to make his monthly loan payments in accordance with the parties' agreement, Petitioner invoked its right…

State of West Virginia v. Charles Edward Bruffey (Separate)
Date: June 18, 2013
Docket Number: 12-0189
State v. Bruffey (Per Curiam Opinion)  
Date: June 18, 2013
Docket Number: 12-0189

Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery and convicted to a term of incarceration of ten to twenty years. The Supreme Court affirmed, holding that the trial court (1) did not err in admitting testimony…

In Re: Haylea G. (Separate)
Date: June 18, 2013
Docket Number: 12-1242
In re Haylea G. (Per Curiam Opinion)  
Date: June 18, 2013
Docket Number: 12-1242

Justia Opinion Summary: Petitioner in this case was the court-appointed guardian of eight-year-old Haylea. Respondents were Haylea's biological parents (Mother and Father). Upon a petition by Mother, the circuit court terminated the infant…

Charlene A. Shorts v. AT&T Mobility, et al. (Memorandum Decision)
Date: June 17, 2013
Docket Number: 11-1649
In the Matter of Hunter H. (Separate)
Date: June 17, 2013
Docket Number: 12-0173
Gaddy Engineering v. Bowles Rice McDavid Graff & Love (Separate)
Date: June 14, 2013
Docket Number: 12-0206
Gaddy Eng'g Co. v. Bowles Rice McDavid Graff & Love, LLP (Per Curiam Opinion)  
Date: June 14, 2013
Docket Number: 12-0206

Justia Opinion Summary: Petitioner here was Gaddy Engineering Company, and Respondents were an individual lawyer, Thomas Lane, and a law firm in which Lane was a partner (Bowles Rice). Petitioner contended that the Lane agreed to pay Petitioner…

State v. Bevel (Signed Opinion)  
Date: June 13, 2013
Docket Number: 11-1675

Justia Opinion Summary: The grand jury returned an indictment against Defendant charging Defendant with several sexual offenses. Defendant filed a motion to suppress statements to police officers during an interrogation. Before the…

Faith United Methodist Church & Cemetery of Terra Alta v. Morgan (Signed Opinion)  
Date: June 13, 2013
Docket Number: 12-0080

Justia Opinion Summary: In 1907, Florence conveyed her 1/7 interest in "the surface only" of a 225-acre tract of land to Walter, her brother, who was vested with an undivided 6/7 interest in the tract. The subject tract was subsequently…

Collisi v. Collisi (Per Curiam Opinion)  
Date: June 13, 2013
Docket Number: 12-0367

Justia Opinion Summary: Wife filed for divorce from Husband. In its decree of divorce and final order, the family court awarded permanent spousal support in the amount of $1,600 per month for Wife, found that Husband was a greater contributor…

Brent Mason v. Columbian Chemicals Holding (Memorandum Decision)
Date: June 12, 2013
Docket Number: 11-1054
Consolidation Coal v. Rex W. Whipkey (Memorandum Decision)
Date: June 12, 2013
Docket Number: 11-1295
Samantha Green v. Fire Mountain Restaurants (Memorandum Decision)
Date: June 12, 2013
Docket Number: 11-1296
W. Va. Dep't of Health & Human Servs. v. Payne (Signed Opinion)  
Date: June 12, 2013
Docket Number: 11-1701

Justia Opinion Summary: Craig Payne died after choking on a hot dog fed to him at a D.E.A.F. Education and Advocacy Focus (DEAF) day rehabilitation center. Following Payne's death, investigations revealed that DEAF suffered from serious…

In Re: Serenity O. (Memorandum Decision)
Date: June 12, 2013
Docket Number: 12-1239
In Re: J.F. (Memorandum Decision)
Date: June 12, 2013
Docket Number: 12-1444
State of West Virginia v. Robert L. Paige (Memorandum Decision)
Date: June 10, 2013
Docket Number: 11-1495
SER Kurt Ray v. Ronald E. Wilson, Judge (Memorandum Decision)
Date: June 10, 2013
Docket Number: 11-1787
In Re: R.G. (Memorandum Decision)
Date: June 10, 2013
Docket Number: 12-0613
Jeffrey K. v. David Ballard, Warden (Memorandum Decision)
Date: June 10, 2013
Docket Number: 12-0749
Olivia Binegar v. Bryan K. Swiger (Memorandum Decision)
Date: June 10, 2013
Docket Number: 12-1058
James H. Farris v. David Ballard, Warden (Memorandum Decision)
Date: June 10, 2013
Docket Number: 12-1094
Donte J. Garrett v. Marvin Plumley, Warden (Memorandum Decision)
Date: June 10, 2013
Docket Number: 12-1133
State of West Virginia v. Kelly M. Bradley (Memorandum Decision)
Date: June 10, 2013
Docket Number: 12-1151
In Re: A.T. (Memorandum Decision)
Date: June 10, 2013
Docket Number: 12-1419
In Re: L.H. and E.H. Jr. (Memorandum Decision)
Date: June 10, 2013
Docket Number: 12-1442
In Re: A.W. (Memorandum Decision)
Date: June 10, 2013
Docket Number: 13-0025
In Re: D.R. and A.F. (Memorandum Decision)
Date: June 10, 2013
Docket Number: 13-0069
In Re: U.B. (Memorandum Decision)
Date: June 10, 2013
Docket Number: 13-0193
State v. White (Per Curiam Opinion)  
Date: June 7, 2013
Docket Number: 11-1336

Justia Opinion Summary: After a jury trial, Petitioner was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole. The Supreme Court affirmed Petitioner's conviction on appeal, holding (1)…

Bobbie Jo R., et al. v. Traci W. (Memorandum Decision)
Date: June 7, 2013
Docket Number: 11-1753
J.L. v. David Ballard, Warden (Memorandum Decision)
Date: June 7, 2013
Docket Number: 12-0431
State of West Virginia v. Keith Ross (Memorandum Decision)
Date: June 7, 2013
Docket Number: 12-0441
Michael J. Kanode, Sr. v. Marvin Plumley (Memorandum Decision)
Date: June 7, 2013
Docket Number: 12-0451
Desmond D. Clark v. David Ballard (Memorandum Decision)
Date: June 7, 2013
Docket Number: 12-0524
State of West Virginia v. Scott C. Palmer (Memorandum Decision)
Date: June 7, 2013
Docket Number: 12-0530
Robert B. Joseph v. David Ballard (Memorandum Decision)
Date: June 7, 2013
Docket Number: 12-0611
Andrew Scott Perry v. David Ballar (Memorandum Decision)
Date: June 7, 2013
Docket Number: 12-0941
Daniel P. McNeal v. Appalachian Power (Memorandum Decision)
Date: June 6, 2013
Docket Number: 11-1373
W. Va. Employers' Mut. Ins. Co. v. Bunch Co. (Signed Opinion)  
Date: June 6, 2013
Docket Number: 11-1750

Justia Opinion Summary: The Bunch Company filed consumer complaint, alleging that when BrickStreet Mutual Insurance Company became its insurer, BrickStreet wrongfully included a charge for the expense of an agent commission in the workers'…

State v. Rogers (Per Curiam Opinion)  
Date: June 5, 2013
Docket Number: 11-0621

Justia Opinion Summary: After a jury trial, Petitioner was convicted of first degree murder without a recommendation of mercy and sentenced to life in prison without mercy. The Supreme Court affirmed, holding that the circuit court (1) did not…

State v. Sutherland (Signed Opinion)  
Date: June 5, 2013
Docket Number: 11-0799

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder without a recommendation of mercy. Defendant appealed, arguing that the circuit court committed error by failing to grant Defendant's motion to strike a…

Fucillo v. Kerner (Signed Opinion)  
Date: June 5, 2013
Docket Number: 11-1783

Justia Opinion Summary: Plaintiffs were six custodial parents of children who were owed child support from the noncustodial parent suing on behalf of their respective children. Defendants included the Department of Health and Human Resources…

Hartford Fire Ins. Co. v. Curtis (Signed Opinion)  
Date: June 5, 2013
Docket Number: 12-0037

Justia Opinion Summary: These two consolidated cases involved a bond for which Hartford Fire Insurance Company (Hartford) was the surety. Each bond principal was sued, and both cases resulted in the entry of default judgments. Hartford was not…

The City of Fairmont v. Fairmont Gen. Hosp., Inc. (Per Curiam Opinion)  
Date: June 5, 2013
Docket Number: 12-0205

Justia Opinion Summary: The City of Fairmont owned and operated Fairmont General Hospital (FGH) until 1985. In 1984, the City Council adopted section 4.06 of the Fairmont City Charter, which provided that the board of directors of the hospital…

W. Va. Dep't of Transp. v. Litten (Per Curiam Opinion)  
Date: June 5, 2013
Docket Number: 12-0287

Justia Opinion Summary: Respondent's employment with the West Virginia Department of Transportation (DOH) was terminated because Respondent allegedly accessed and attempted to access pornographic websites using a computer owned by the State.…

Andrea H. v. Jason R.C. (Per Curiam Opinion)  
Date: June 5, 2013
Docket Number: 12-0435

Justia Opinion Summary: When Mother and Father divorced in Colorado, Mother was awarded primary custody of the parties' two minor children subject to visitation by Father, who subsequently moved to Virginia. Mother later moved with the children…

In re Jessica M. (Per Curiam Opinion)  
Date: June 5, 2013
Docket Number: 12-0808

Justia Opinion Summary: The Department of Health and Human Resources (DHHR) filed an abuse and neglect petition against Mother and Father, the biological parents of two girls. After an adjudicatory hearing establishing the children were abused…

In re Timber M. (Signed Opinion)  
Date: June 5, 2013
Docket Number: 12-1138

Justia Opinion Summary: After Stepfather was arrested and admitted to sexual abuse of one of Mother's children, the Department removed Mother's two children from the home and filed an abuse and neglect petition against Mother. After an…

In re Lilith H. (Per Curiam Opinion)  
Date: June 5, 2013
Docket Number: 12-1178

Justia Opinion Summary: The circuit court adjudicated Mother and Father abusive and neglectful and terminated their parental rights to three children. Mother and Father appealed, contending, among other things, that the circuit court erred in…

State ex rel. Small v. Circuit Court (Per Curiam Opinion)  
Date: June 5, 2013
Docket Number: 13-0110

Justia Opinion Summary: Tobby Small and James Ramsey were involved in a traffic accident. Small filed an action against Ramsey and others in federal court, and Ramsey filed an action against Small and others in circuit court. Small filed a…

State ex rel. Discover Fin. Servs., Inc. v. Circuit Court (Signed Opinion)  
Date: June 4, 2013
Docket Number: 13-0086

Justia Opinion Summary: This matter involved two consolidated writs of prohibition filed under the original jurisdiction of the Supreme Court. Petitioners sought a writ of prohibition to prevent enforcement of circuit court orders that denied…

James D. White v. Consolidation Coal (Memorandum Decision)
Date: May 24, 2013
Docket Number: 11-1147
Gary W. Hazelwood v. Danis Industries (Memorandum Decision)
Date: May 24, 2013
Docket Number: 11-1200
Michael A. Ridenour v. Teresa Parsons (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0048
State ex rel. Smith v. W. Va. Crime Victims Comp. Fund (Signed Opinion)  
Date: May 24, 2013
Docket Number: 12-0117

Justia Opinion Summary: In 2008, Donte Newsome, a university student, was the innocent victim of murder. In 2009, Newsome's mother, Angela Smith, submitted an application to the court of claims seeking reimbursement from the West Virginia Crime…

State of West Virginia v. Lori F. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0235
State of West Virginia v. Raymond Bearer (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0270
State of West Virginia v. Tracy L. Wright (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0338
Joseph Shaw v. David Ballard, Warden (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0419
David Jones v. Debra Minnix, Warden (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0563
Ray Rash v. Marvin Plumley, Warden (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0564
State of West Virginia v. Brian Shamburg (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0659
State of West Virginia v. Jerry L. Wigal (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0683
State of West Virginia v. Gerry G. Barnes (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0684
George H. Watts v. David Ballard, Warden (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0813
State of West Virginia v. Tee El Dodd (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0815
State of West Virginia v. W.H. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0832
State of West Virginia v. Sanford Kidd (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0834
Wanda O. Williamson v. Independence Coal (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0885
State of West Virginia v. Andrew C. Smith (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-0953
In re Walter G. (Per Curiam Opinion)  
Date: May 24, 2013
Docket Number: 12-0973

Justia Opinion Summary: Mother had two infant twin boys, Joseph and Walter. Joseph died after ingesting a lethal dose of Suboxone. Neither the investigations by law enforcement nor Mother's inquiries into Joseph's death were able to determine…

State of West Virginia v. Jesse Lafferty (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-1065
In Re: A.L. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-1428
In Re: A.P., C.N.P., C.R.P. and N.P. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-1435
In Re: A.P. and G.P. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-1443
In Re: J.Y. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-1472
In Re: A.S., E.S. and M.S. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-1492
In Re: H.J. and H.J. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-1498
In Re: R.L. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-1516
In Re: A.R. and E.M. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 12-1517
In Re: L.S.-I, L.S.-II and L.S.-III (Memorandum Decision)
Date: May 24, 2013
Docket Number: 13-0001
In Re: L.Y. and T.M. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 13-0023
In Re: L.Y. and T.M. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 13-0024
In Re: M.W. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 13-0041
In Re: B.S. and N.S. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 13-0060
In Re: A.J. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 13-0074
In Re: K.S. (Memorandum Decision)
Date: May 24, 2013
Docket Number: 13-0136
John L. Shackleford v. Orkin (Memorandum Decision)
Date: May 22, 2013
Docket Number: 11-1178
Jon G. Adkins v. Mountain Edge Mining (Memorandum Decision)
Date: May 22, 2013
Docket Number: 11-1192
Joyce G. Walker v. Little General Store (Memorandum Decision)
Date: May 22, 2013
Docket Number: 11-1193
Bridgette A. Dobbs v. Glenn Enterprises (Memorandum Decision)
Date: May 22, 2013
Docket Number: 11-1195
State Farm Fire & Casualty v. Robin Skinner Prinz (Separate)
Date: May 21, 2013
Docket Number: 11-1265
State Farm Fire & Cas. Co. v. Prinz (Signed Opinion)  
Date: May 21, 2013
Docket Number: 11-1265

Justia Opinion Summary: William Piper was killed in a motor vehicle accident in which he was driving. His passenger, Kyle Hoffman, was also killed. The Estate of Hoffman subsequently filed suit against the Estate of Piper. The case was…

In Re: Name Change of Jenna A. J. (Separate)
Date: May 21, 2013
Docket Number: 11-1694
State v. Blevins (Per Curiam Opinion)  
Date: May 20, 2013
Docket Number: 11-1014

Justia Opinion Summary: After a trial, Defendant was convicted on two counts of first degree murder and one count of first degree arson. Defendant was sentenced to two consecutive terms of imprisonment without the possibility of parole for the…

In re Name Change of Jenna A.J. (Signed Opinion)  
Date: May 20, 2013
Docket Number: 11-1694

Justia Opinion Summary: Mother sought to change the name of Daughter. Mother filed a name change petition to request a hyphenated surname for Daughter. Father opposed the name change request, arguing that he was likely to be injured by the…

In re Grandparent Visitation of A.P. (Per Curiam Opinion)  
Date: May 20, 2013
Docket Number: 12-0046

Justia Opinion Summary: After Petitioner's daughter, A.P., was born, Petitioner and A.P. lived with Petitioner's mother, Respondent. Two and one-half months later, Petitioner and A.P. moved out of Respondent's home. The relationship between…

State v. Fitzsimmons (Per Curiam Opinion)  
Date: May 17, 2013
Docket Number: 11-0977

Justia Opinion Summary: Petitioner pleaded guilty to entering without breaking. The circuit court ordered Petitioner to be placed at the Anthony Center for Youthful Offenders. The warden later determined Petitioner was unfit to continue his…

Patterson v. Bd. of Educ. of County of Raleigh (Signed Opinion)  
Date: May 17, 2013
Docket Number: 11-1531

Justia Opinion Summary: Petitioner was employed as a custodian by Respondent, the Board of Education of the County of Raleigh under a 210-day regular contract and thirty-day summer contract that did not include paid vacation days. Petitioner…

State of West Virginia v. Davis and Kathryn Wolverton (Memorandum Decision)
Date: May 17, 2013
Docket Numbers: 11-1617, 11-1642
State of West Virginia v. Charles B. (Memorandum Decision)
Date: May 17, 2013
Docket Number: 11-1779
In re Brandi B. (Signed Opinion)  
Date: May 17, 2013
Docket Number: 12-0100

Justia Opinion Summary: Petitioner, who was fourteen years old at the time, stipulated that she was absent from school on nine days within a five-week period. Petitioner denied she was an habitual truant because six of the nine days were due to…

State of West Virginia v. Warner Lee H. (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0126
State of West Virginia v. Steven S. (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0136
State of West Virginia v. Matthew Moore (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0186
Dale v. Knopp (Signed Opinion)  
Date: May 17, 2013
Docket Number: 12-0202

Justia Opinion Summary: After Petitioner was arrested for driving under the influence (DUI) The Department of Motor Vehicles (DMV) notified Petitioner that his license would be revoked for DUI. Petitioner timely requested an administrative…

James L. Teed v. Mary Anne C. Teed (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0232
State of West Virginia v. Kenneth M. (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0233
State of West Virginia v. Shawn M. Tant (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0252
State of West Virginia v. Sara Woods (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0409
Mary Anne C. Teed v. James L. Teed (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0421
M.J.P. v. M.E.P. (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0449
State of West Virginia v. Wendy Thomas (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0561
Nestor F. Dans, M.D. v. W. Martin Riggs (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0633
Margaret E. McDonald v. Drew C. Britton (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0654
Shawn Pullen v. Carolyn S. Wilson Collins (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0744
Paula K. Silver v. Howard F. Fell (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-0772
In re Darrien B. (Per Curiam Opinion)  
Date: May 17, 2013
Docket Number: 12-0994

Justia Opinion Summary: The Department of Health and Human Resources filed a petition to institute child abuse and neglect proceedings against the Father and Mother of twin boys, alleging that the twins were abused and/or neglected. After a…

Clark D. v. Charlene D. (Memorandum Decision)
Date: May 17, 2013
Docket Number: 12-1125
State ex rel. Miller v. Circuit Court (Signed Opinion)  
Date: May 17, 2013
Docket Number: 12-1213

Justia Opinion Summary: The Commissioner of the Division of Motor Vehicles revoked the driving privileges of Respondents for driving under the influence of alcohol. After Respondents filed petitions for review of the administrative orders, the…

Columbia W. Va. Corp. v. Terry L. Brown (Memorandum Decision)
Date: May 16, 2013
Docket Number: 11-1213
Daniel J. Monte v. Severstal Wheeling (Memorandum Decision)
Date: May 16, 2013
Docket Number: 11-1215
Jeff Adkins v. Pritchard Electric (Memorandum Decision)
Date: May 16, 2013
Docket Number: 11-1221
Marvin Maynard v. Spartan Mining (Memorandum Decision)
Date: May 16, 2013
Docket Number: 11-1228
Kathy Litton v. Sun Healthcare (Memorandum Decision)
Date: May 16, 2013
Docket Number: 11-1259
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