Supreme Court of Appeals of West Virginia Decisions 2014
Opinions 1001 - 1244 of 1244
Date: March 28, 2014
Docket Number: 13-0747
Date: March 28, 2014
Docket Number: 13-0752
Date: March 28, 2014
Docket Number: 13-0763
Date: March 28, 2014
Docket Number: 13-0776
Date: March 28, 2014
Docket Number: 13-0777
Date: March 27, 2014
Docket Number: 13-0037
Date: March 27, 2014
Docket Number: 13-0037
Justia Opinion Summary: Plaintiff filed suit against the West Virginia Regional Jail and Correctional Facility Authority (WVRJCFA), alleging that while housed at the Southern Regional Jail, she was raped by a correctional officer. The WVRJCFA…
Date: March 27, 2014
Docket Number: 13-0890
Justia Opinion Summary: J.S., a juvenile, was adjudicated as a delinquent for burglary and battery under two separate juvenile petitions and placed in a level four juvenile detention facility until he reached the age of twenty-one. The Supreme…
Date: March 27, 2014
Docket Number: 13-0897
Justia Opinion Summary: Plaintiffs filed tort claims against Mine Safety Appliances Company (“MSA”). Plaintiffs settled with MSA under settlement agreements that assigned to Plaintiffs the right to recover the remainder of the settlement amount…
Date: March 26, 2014
Docket Number: 13-0120
Justia Opinion Summary: The United Hospital Center, Inc. appealed from the State Tax Commissioner’s ruling regarding the 2011 assessment of ad valorem property taxes for the Hospital’s newly-constructed facility located in Bridgeport, asserting…
Date: March 24, 2014
Docket Number: 12-0877
Date: March 24, 2014
Docket Number: 12-0894
Date: March 20, 2014
Docket Numbers: 11-1258, 11-1379
Date: March 20, 2014
Docket Number: 11-1546
Date: March 20, 2014
Docket Number: 12-0854
Date: March 20, 2014
Docket Number: 12-0855
Date: March 20, 2014
Docket Number: 12-0856
Date: March 20, 2014
Docket Number: 12-0862
Date: March 20, 2014
Docket Number: 12-0871
Date: March 20, 2014
Docket Number: 12-0872
Date: March 20, 2014
Docket Number: 12-0976
Date: March 20, 2014
Docket Number: 12-0977
Date: March 20, 2014
Docket Number: 12-0978
Date: March 20, 2014
Docket Number: 12-0979
Date: March 20, 2014
Docket Number: 12-0980
Date: March 20, 2014
Docket Number: 12-0997
Date: March 20, 2014
Docket Number: 12-1003
Date: March 20, 2014
Docket Number: 12-1004
Date: March 20, 2014
Docket Number: 12-1012
Date: March 20, 2014
Docket Number: 12-1019
Date: March 18, 2014
Docket Number: 12-0193
Date: March 18, 2014
Docket Number: 12-0680
Date: March 18, 2014
Docket Number: 12-0763
Date: March 18, 2014
Docket Number: 12-0785
Date: March 18, 2014
Docket Number: 12-0801
Date: March 18, 2014
Docket Number: 12-0803
Date: March 18, 2014
Docket Numbers: 12-0804, 13-0323
Date: March 18, 2014
Docket Number: 12-0837
Date: March 18, 2014
Docket Number: 12-0853
Date: March 18, 2014
Docket Number: 12-0874
Date: March 18, 2014
Docket Number: 12-0939
Date: March 18, 2014
Docket Number: 12-0940
Date: March 18, 2014
Docket Number: 12-1067
Date: March 18, 2014
Docket Number: 12-1168
Date: March 18, 2014
Docket Number: 12-1388
Date: March 18, 2014
Docket Number: 13-0196
Date: March 14, 2014
Docket Number: 13-0475
Date: March 14, 2014
Docket Number: 13-0593
Date: March 14, 2014
Docket Number: 13-0632
Date: March 14, 2014
Docket Number: 13-0772
Date: March 14, 2014
Docket Number: 13-0899
Date: March 14, 2014
Docket Number: 13-0947
Date: March 12, 2014
Docket Numbers: 12-1216, 12-1218
Date: March 12, 2014
Docket Number: 12-1217
Date: March 12, 2014
Docket Number: 12-1227
Date: March 12, 2014
Docket Number: 12-1228
Date: March 12, 2014
Docket Number: 12-1229
Date: March 12, 2014
Docket Number: 12-1231
Date: March 12, 2014
Docket Number: 12-1232
Date: March 12, 2014
Docket Number: 12-1234
Date: March 12, 2014
Docket Number: 13-0144
Date: March 10, 2014
Docket Number: 12-0873
Date: March 10, 2014
Docket Number: 12-0875
Date: March 10, 2014
Docket Number: 12-0876
Date: March 10, 2014
Docket Number: 12-0882
Date: March 10, 2014
Docket Number: 12-0883
Date: March 10, 2014
Docket Number: 12-0884
Date: March 10, 2014
Docket Number: 12-0896
Date: March 10, 2014
Docket Number: 12-0911
Date: March 10, 2014
Docket Number: 12-0936
Date: March 7, 2014
Docket Number: 12-1497
Date: March 7, 2014
Docket Number: 13-0081
Date: March 7, 2014
Docket Number: 13-0089
Date: March 7, 2014
Docket Number: 13-0292
Date: March 7, 2014
Docket Number: 13-0379
Date: March 7, 2014
Docket Number: 13-0379
Justia Opinion Summary: Petitioners entered into a written agreement with Bastian Homes and Lion Enterprises, Inc. (collectively, “Bastian Homes”) for the construction of a new home. The agreement contained an arbitration clause. After a water…
Date: March 7, 2014
Docket Number: 13-0555
Date: March 7, 2014
Docket Number: 13-0555
Date: March 6, 2014
Docket Number: 13-0004
Justia Opinion Summary: Approximately one month after I.T. was born, Mother and I.T. moved into Grandmother’s residence. Mother moved out of Grandmother’s residence five months later, leaving I.T. in Grandmother’s care. Grandmother subsequently…
Date: March 6, 2014
Docket Number: 13-0117
Justia Opinion Summary: At issue in this case was a retention pond constructed in a subdivision for the purpose of catching water runoff. Patrick and Melinda Sterner, who owned property in the subdivision, contracted with WHR Group (WHR) to…
Date: March 6, 2014
Docket Number: 13-0144
Justia Opinion Summary: After a jury trial, Petitioner was convicted of one count of wanton endangerment and sentenced to a five-year term of imprisonment. The Supreme Court affirmed, holding (1) the circuit court did not err by denying…
Date: March 6, 2014
Docket Number: 13-0387
Date: February 21, 2014
Docket Number: 13-0383
Justia Opinion Summary: Mother filed two domestic violence petitions on behalf of B.C., her minor child. Mother’s second petition was granted, and an emergency protective order was entered in favor of B.C. and against Father. Mother…
Date: February 21, 2014
Docket Number: 13-1048
Date: February 21, 2014
Docket Number: 13-1048
Date: February 20, 2014
Docket Number: 12-1534
Justia Opinion Summary: Petitioner was a police officer, and later police chief, employed by the City of Montgomery. In 2011, Petitioner’s employment was terminated. Petitioner filed a complaint against the City and the Mayor (collectively,…
Date: February 20, 2014
Docket Number: 13-0290
Justia Opinion Summary: After disagreements over Ripley Associates, LLC’s operation arose, the Domenick Marrara, Jr. Trust, which owned a twenty-five percent interest in Ripley, decided to dissociate from Ripley. The Trust and its Trustees…
Date: February 18, 2014
Docket Number: 13-0199
Date: February 18, 2014
Docket Number: 13-0223
Date: February 18, 2014
Docket Number: 13-0436
Date: February 18, 2014
Docket Number: 13-0494
Date: February 18, 2014
Docket Number: 13-0558
Date: February 18, 2014
Docket Number: 13-0615
Date: February 18, 2014
Docket Number: 13-0621
Date: February 18, 2014
Docket Number: 13-0921
Date: February 14, 2014
Docket Number: 12-0792
Date: February 14, 2014
Docket Number: 12-1261
Justia Opinion Summary: In this divorce case, Husband appealed and Wife cross-appealed from the final order entered by the circuit court. The Supreme Court reversed and remanded in part and affirmed in part the decision of the circuit court,…
Date: February 14, 2014
Docket Number: 12-1505
Date: February 12, 2014
Docket Number: 12-0528
Date: February 12, 2014
Docket Number: 12-0836
Date: February 12, 2014
Docket Number: 13-0362
Justia Opinion Summary: Mother and Father’s first child, L.W., died due to abusive head trauma in 2009. Father confessed to causing L.W.’s death and pleaded guilty to felony manslaughter. Father subsequently denied that any abuse or neglect of…
Date: February 11, 2014
Docket Numbers: 12-1403, 12-1509
Justia Opinion Summary: The West Virginia Division of Motor Vehicles (DMV) revoked the driver’s licenses of Respondents following their arrests for driving under the influence of alcohol. The Office of Administrative Hearings (OAH) reversed the…
Date: February 10, 2014
Docket Number: 12-0512
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree murder and sentenced to life in prison with mercy. Defendant appealed the order of the circuit court denying his motion for a judgment of acquittal or,…
Date: February 6, 2014
Docket Number: 11-1749
Date: February 6, 2014
Docket Number: 12-0393
Date: February 5, 2014
Docket Number: 12-0174
Date: February 5, 2014
Docket Number: 12-1249
Justia Opinion Summary: After a trial, Petitioner was convicted of second-degree sexual assault and sentenced to an indeterminate term of not less than nor more than twenty-five years. On appeal, Defendant argued that his right to a fair trial…
Date: February 5, 2014
Docket Number: 12-1500
Justia Opinion Summary: At issue in this case was W. Va. Code 33-6-36, which, in certain circumstances, requires insurance companies to continue motor vehicle liability coverage for a spouse after the death of, or separation or divorce from,…
Date: February 5, 2014
Docket Number: 13-0342
Justia Opinion Summary: The circuit court adjudicated Mother’s two children abused and neglected and awarded Mother a six-month post-adjudicatory improvement period. After the conclusion of Mother’s improvement period, the circuit court granted…
Date: February 4, 2014
Docket Number: 11-1197
Date: February 4, 2014
Docket Number: 11-1426
Date: February 4, 2014
Docket Number: 12-0677
Date: February 4, 2014
Docket Number: 12-0697
Date: January 31, 2014
Docket Number: 13-0469
Date: January 29, 2014
Docket Number: 11-1418
Date: January 29, 2014
Docket Number: 12-0642
Date: January 29, 2014
Docket Number: 12-0791
Justia Opinion Summary: After a jury trial, Defendant was convicted of committing thirty sexual offenses against four minors. The Supreme Court affirmed, holding that the circuit court (1) did not err by denying Defendant’s motion for mistrial…
Date: January 29, 2014
Docket Number: 12-1183
Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery in the first degree for the armed robbery of a gambling parlor. Defendant was sentenced to life imprisonment as a recidivist. The Supreme Court affirmed, holding (1)…
Date: January 29, 2014
Docket Number: 12-1270
Justia Opinion Summary: Upon Mother’s divorce from Father, Mother was designated primary custodian of their daughter. When the daughter was seven years old, Mother was arrested upon a charge of child neglect. Mother pleaded guilty to…
Date: January 29, 2014
Docket Number: 13-0562
Justia Opinion Summary: Thomas and Lori Likens filed a complaint against Petitioners in the circuit court, alleging several claims, including the allegation that Skyline had negligently designed and built their manufactured home. Petitioners…
Date: January 28, 2014
Docket Number: 12-1413
Justia Opinion Summary: Petitioner pleaded guilty to felony murder pursuant to a plea agreement. The circuit court later conducted a sentencing hearing at which Petitioner and his three co-defendants appeared. During the hearing, the circuit…
Date: January 24, 2014
Docket Number: 12-1398
Date: January 24, 2014
Docket Number: 12-1429
Date: January 24, 2014
Docket Number: 13-0243
Date: January 24, 2014
Docket Number: 13-0395
Date: January 24, 2014
Docket Number: 13-0564
Date: January 17, 2014
Docket Number: 11-1742
Date: January 17, 2014
Docket Numbers: 12-0597, 12-0918
Date: January 17, 2014
Docket Number: 12-0605
Date: January 17, 2014
Docket Number: 12-0624
Date: January 17, 2014
Docket Number: 12-0625
Date: January 17, 2014
Docket Number: 12-0626
Date: January 17, 2014
Docket Number: 12-0627
Date: January 17, 2014
Docket Number: 12-0630
Date: January 17, 2014
Docket Number: 12-0642
Date: January 17, 2014
Docket Number: 13-0150
Date: January 17, 2014
Docket Number: 13-0329
Date: January 17, 2014
Docket Number: 13-0333
Date: January 17, 2014
Docket Number: 13-0396
Date: January 17, 2014
Docket Number: 13-0408
Date: January 17, 2014
Docket Number: 13-0419
Date: January 17, 2014
Docket Number: 13-0631
Date: January 15, 2014
Docket Number: 12-1034
Date: January 15, 2014
Docket Number: 13-0375
Date: January 15, 2014
Docket Number: 13-0376
Date: January 15, 2014
Docket Number: 13-0378
Date: January 15, 2014
Docket Number: 13-0538
Date: January 14, 2014
Docket Number: 11-1760
Date: January 14, 2014
Docket Number: 12-0500
Date: January 14, 2014
Docket Number: 12-0504
Date: January 14, 2014
Docket Number: 12-0505
Date: January 14, 2014
Docket Number: 12-0508
Date: January 14, 2014
Docket Number: 12-0515
Date: January 14, 2014
Docket Number: 12-0517
Date: January 14, 2014
Docket Number: 12-0518
Date: January 14, 2014
Docket Number: 12-0519
Date: January 14, 2014
Docket Number: 12-0525
Date: January 14, 2014
Docket Number: 12-0526
Date: January 14, 2014
Docket Number: 12-0531
Date: January 14, 2014
Docket Number: 12-0553
Date: January 14, 2014
Docket Number: 12-0554
Date: January 14, 2014
Docket Number: 12-0555
Date: January 14, 2014
Docket Number: 12-0559
Date: January 14, 2014
Docket Number: 12-0587
Date: January 14, 2014
Docket Number: 12-0606
Date: January 14, 2014
Docket Number: 12-0607
Date: January 14, 2014
Docket Number: 12-0628
Date: January 14, 2014
Docket Number: 12-0643
Date: January 14, 2014
Docket Number: 12-0644
Date: January 14, 2014
Docket Number: 12-0648
Date: January 14, 2014
Docket Number: 12-0650
Date: January 14, 2014
Docket Number: 12-0662
Date: January 14, 2014
Docket Number: 12-0663
Date: January 14, 2014
Docket Number: 12-0669
Date: January 14, 2014
Docket Number: 12-0670
Date: January 14, 2014
Docket Number: 12-0713
Date: January 14, 2014
Docket Number: 12-0733
Date: January 14, 2014
Docket Number: 12-0736
Date: January 14, 2014
Docket Number: 12-0738
Date: January 14, 2014
Docket Number: 12-0753
Date: January 14, 2014
Docket Number: 12-0754
Date: January 14, 2014
Docket Number: 12-0756
Date: January 14, 2014
Docket Number: 12-0762
Date: January 14, 2014
Docket Number: 12-0781
Date: January 14, 2014
Docket Number: 12-0783
Date: January 14, 2014
Docket Number: 12-0784
Date: January 14, 2014
Docket Number: 12-0788
Date: January 14, 2014
Docket Number: 12-0790
Date: January 14, 2014
Docket Number: 12-1144
Date: January 14, 2014
Docket Number: 12-1157
Date: January 14, 2014
Docket Number: 12-1219
Date: January 14, 2014
Docket Number: 13-0371
Date: January 14, 2014
Docket Number: 13-0639
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