Supreme Court of Appeals of West Virginia Decisions 2016

Opinions 1 - 500 of 907

Black Bear, LLP v. Bobby G. and Janet Halsey, etc. (Memorandum Decision)
Date: December 12, 2016
Docket Numbers: 16-0232, 16-0249
In Re: L.J. and C.L. (Memorandum Decision)
Date: December 12, 2016
Docket Number: 16-0646
Pinnacle Mining Co. v. Edward R. Ellis Jr. (Memorandum Decision)
Date: December 6, 2016
Docket Number: 15-1152
Best Buy v. Jennifer Parrish (Memorandum Decision)
Date: December 6, 2016
Docket Number: 15-1153
State of West Virginia v. Scott A. Neal (Memorandum Decision)
Date: December 5, 2016
Docket Number: 15-0684
Witten v. Butcher (Signed Opinion)  
Date: November 30, 2016
Docket Number: 16-1040

Justia Opinion Summary: Joshua Butcher defeated incumbent Judge William Douglas Witten for the open judicial seat in Division 1 of the Circuit Court of Logan County in the May 2016 nonpartisan election. Butcher was declared the winner after a r...

George Runion v. Winchester Mine, LLC (Memorandum Decision)
Date: November 29, 2016
Docket Number: 15-1030
Cynthia Field v. Day's Morgantown Hyundai (Memorandum Decision)
Date: November 29, 2016
Docket Number: 15-1050
Carrie Luckel v. Spa Roma, Inc. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 15-1108
Stephanie Nickell v. Lifepoint Hospitals, Inc. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 15-1136
Murray American Energy v. Charles Perkins (Memorandum Decision)
Date: November 29, 2016
Docket Number: 15-1150
Mark A. Wolford v. RT Rogers Oil Co. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 15-1158
Terry Bentley v. Consol of Kentucky, Inc. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 15-1165
Pamela D. Durst v. Felman Production, Inc. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 15-1171
Judith B. Lund v. B.E. Aerospace, Inc. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 15-1172
Melvin Whittington v. Morton Construction (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0036
Norman E. Arthur II v. Service Pump & Supply Co. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0037
Gregory Kingery v. Huntington Alloys Corp. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0038
Donnie W. Shumate v. Brooks Run South Mining, LLC (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0041
David L. Hickman v. The Carswell Group, Inc. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0042
Thomas Dawson v. Jaflo, Inc. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0063
Donna M. Manes v. McDowell Co. Board of Education (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0064
Donna M. Manes v. McDowell Co. Board of Education (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0065
Steven Christensen v. IVS Hydro, Inc. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0091
William T. Parks v. Lowe's Home Centers, Inc. (Memorandum Decision)
Date: November 29, 2016
Docket Number: 16-0100
Brenda Albert v. City of Wheeling (Separate)
Date: November 28, 2016
Docket Number: 15-0879
Patricia S. Reed v. Joshua D. Beckett (Separate)
Date: November 28, 2016
Docket Number: 15-1044
State of West Virginia v. Wesley Owen Payne (Memorandum Decision)
Date: November 21, 2016
Docket Number: 15-0582
Edwin W.H. v. David Ballard, Warden (Memorandum Decision)
Date: November 21, 2016
Docket Number: 15-1063
SWVA, Inc. v. Michael I. Payne (Memorandum Decision)
Date: November 21, 2016
Docket Number: 15-1151
Christy M. v. Hunter M. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 15-1159
State of West Virginia v. Alex James McDonald (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0053
In Re: B.S.-2, T.S. and D.S. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0374
In Re: I.N. and N.N. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0394
In Re: D.H. and J.W. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0448
In Re: J.M. (Memorandum Decision)
Date: November 21, 2016
Docket Numbers: 16-0511, 16-0745
In Re: J.H. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0525
In Re: K.B., B.B., and N.B. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0605
In Re: O.K. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0610
In Re: K.B. and K.H. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0615
In Re: L.G.-1, L.G.-2, K.G. and J.G. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0647
In Re: P.L. and A.W. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0649
In Re: A.B., L.B., B.M., and W.M. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0653
In Re: L.G.-1, L.G.-2, K.G. and J.G. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0673
In Re: S.S. and K.S. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0698
In Re: S.S. and K.S. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0726
In Re: C.L. (Memorandum Decision)
Date: November 21, 2016
Docket Number: 16-0728
Dallas W. Butler v. Marvin Plumley, Warden (Memorandum Decision)
Date: November 18, 2016
Docket Number: 15-0213
SWVA, Inc. v. Michael I. Payne (Memorandum Decision)
Date: November 18, 2016
Docket Number: 15-1151
Rodger Dale Mitchell v. Teresa A. Worrell (Memorandum Decision)
Date: November 18, 2016
Docket Number: 15-1183
State of West Virginia v. Erin S.T. (Memorandum Decision)
Date: November 18, 2016
Docket Number: 15-1195
Neil W. v. Patrick Mirandy, Warden (Memorandum Decision)
Date: November 18, 2016
Docket Number: 15-1244
State of West Virginia v. Adam Barnhart (Memorandum Decision)
Date: November 18, 2016
Docket Number: 16-0032
State of West Virginia v. Tyquan Livermon (Memorandum Decision)
Date: November 17, 2016
Docket Number: 15-0087
Herbert J. Thomas Memorial Hospital Assoc. v. Susan Nutter (Separate)
Date: November 17, 2016
Docket Number: 15-0695
Herbert J. Thomas Memorial Hospital Ass’n v. Nutter (Signed Opinion)  
Date: November 17, 2016
Docket Number: 15-0695

Justia Opinion Summary: Plaintiff, a registered nurse, was hired in 2008 by the defendant hospital. In 2009, Plaintiff was fired. Plaintiff filed a complaint against Defendant, alleging retaliatory discharge, intentional infliction of emotional...

Ashley D. Gunno v. Kevin C. McNair (Memorandum Decision)
Date: November 17, 2016
Docket Number: 15-0825
Leggett v. EQT Production Co. (Signed Opinion)  
Date: November 17, 2016
Docket Number: 16-0136

Justia Opinion Summary: Plaintiffs sued EQT Production Company and five related entities alleging that Plaintiffs were underpaid royalties with respect to their ownership of oil and gas interests that EQT was contracted to exploit. A federal di...

American National Property & Casualty Co. v. Clendenen (Signed Opinion)  
Date: November 17, 2016
Docket Number: 16-0290

Justia Opinion Summary: This action arose from the murder of a teenager by her two friends. The victim’s parents filed a wrongful death action against the killers and the two women they lived with, Tara Clendenen and Rachel Shoaf. Clendenen and...

State ex rel. Pressley Ridge v. W. Va. Department of Health & Human Resources (Signed Opinion)  
Date: November 17, 2016
Docket Number: 16-0738

Justia Opinion Summary: Seven entities under contract to provide residential services to youth in the state (collectively, Petitioners) filed a petition for writ of mandamus requiring the West Virginia Department of Health and Human Services (D...

In Re: W.J. (Memorandum Decision)
Date: November 16, 2016
Docket Number: 15-0881
Matkovich v. CSX Transportation, Inc. (Signed Opinion)  
Date: November 16, 2016
Docket Number: 15-0935

Justia Opinion Summary: W. Va. Code 11-15A-10a affords taxpayers a credit for sales taxes paid to other states, which offsets the West Virginia Motor Fuel Use Tax (“use tax”) a fuel importer must pay under W. Va. Code 11-15A-13a. After it was a...

Salem International University v. Taylor Bates, et al. (Separate)
Date: November 16, 2016
Docket Number: 15-0948
Salem International University v. Bates (Signed Opinion)  
Date: November 16, 2016
Docket Number: 15-0948

Justia Opinion Summary: Plaintiffs, on behalf of themselves and others similarly situated, were former students in the nursing program at Salem International University (Salem). When Plaintiffs enrolled, they signed enrollment agreements that c...

Garry Thomas v. Archie D. Houck (Memorandum Decision)
Date: November 16, 2016
Docket Number: 15-1205
John Straley v. Putnam County Board of Education (Memorandum Decision)
Date: November 16, 2016
Docket Number: 15-1207
State of West Virginia v. James N. Maudlin (Memorandum Decision)
Date: November 15, 2016
Docket Number: 14-1142
P.A. v. T.A. (Signed Opinion)  
Date: November 15, 2016
Docket Number: 15-0506

Justia Opinion Summary: Husband and Wife were granted a divorce by order of the family court in 2014. The circuit court affirmed the family court’s orders. Both parties appealed. The Supreme Court affirmed, holding that the trial court did not...

Horton v. Professional Bureau of Collections of Maryland (Signed Opinion)  
Date: November 15, 2016
Docket Number: 15-0692

Justia Opinion Summary: In 2013, the decedent filed a complaint alleging violations of the West Virginia Consumer Credit and Protection Act and other causes of action against Respondent, Professional Bureau of Collections of Maryland, Inc. Afte...

Department of Transportation v. King (Signed Opinion)  
Date: November 15, 2016
Docket Number: 15-0711

Justia Opinion Summary: Respondent David King, as administrator of the estate of Wilma Ann King, brought an action against the West Virginia Department of Transportation, Division of Motor Vehicles (DMV) alleging that the DMV was negligent in a...

Martin Distributing Co. v. Matkovich (Signed Opinion)  
Date: November 15, 2016
Docket Numbers: 15-0842, 15-0857, 15-0867, 15-0869

Justia Opinion Summary: This proceeding consisted of four consolidated appeals. The issue in two of the appeals was whether the alternative-energy infrastructures installed by Petitioners for their businesses met the statutory definition of “qu...

Mountain Valley Pipeline v. Brian C. and Doris W. McCurdy (Separate)
Date: November 15, 2016
Docket Number: 15-0919
Mountain Valley Pipeline v. McCurdy (Signed Opinion)  
Date: November 15, 2016
Docket Number: 15-0919

Justia Opinion Summary: Bryan and Doris McCurdy filed an action against Mountain Valley Pipeline, LLC (MVP) seeking a declaration that MVP had no right to enter their property to survey the area as a potential location for a natural gas transmi...

Lawyer Disciplinary Board v. Edward R. Kohout (Signed Opinion)
Date: November 15, 2016
Docket Number: 15-0926
State of West Virginia v. James B. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 15-0853
State v. Henning (Signed Opinion)  
Date: November 14, 2016
Docket Number: 15-0854

Justia Opinion Summary: Petitioner was indicted on one count of malicious assault. After a jury trial, Petitioner was convicted of the misdemeanor offense of assault and sentenced to six months’ imprisonment. Petitioner appealed, arguing that h...

G & G Builders, Inc. v. Lawson (Signed Opinion)  
Date: November 14, 2016
Docket Number: 15-0920

Justia Opinion Summary: This litigation arose out of the construction of the home of Randie Lawson and Deanna Lawson (together, Respondents). G & G Builders, Inc. (Petitioner) filed suit asserting that it was owed $303,686 under the parties’ co...

Ruben C. v. David Ballard, Warden (Memorandum Decision)
Date: November 14, 2016
Docket Number: 15-1111
State of West Virginia v. Mark K. McBride (Memorandum Decision)
Date: November 14, 2016
Docket Number: 15-1118
Donna Fridley v. Jack Plum (Memorandum Decision)
Date: November 14, 2016
Docket Number: 15-1140
State of West Virginia v. Jeffrey S. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 15-1222
State of West Virginia v. Ayers Alexander (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0015
State of West Virginia v. T.L., a juvenile (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0054
State of West Virginia v. Gidget M. Brown (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0124
State of West Virginia v. Radee M. Hill (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0138
In Re: T.E., A.H., and J.H. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0333
In Re: S.G. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0335
In E.H., A.H., G.H., and S.H. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0393
In Re: K.W., and C.W. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0424
In Re: F.N., and G.N. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0456
In Re: J.S.-1, and J.S.-2 (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0472
In Re: A.G. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0476
In Re: A.N.-1. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0477
In Re: M.C. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0479
In Re: I.T. and S.T. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0499
In Re: M.B. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0512
In Re: L.T. and C.B. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0524
In Re: C.M. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0538
In Re: C.C. and M.C. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0546
In Re: A.G. and E.W. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0547
In Re: A.S.-1 (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0549
In Re: L.S.-1 and L.D.-2 (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0550
State ex rel. Almond v. Honorable Rudolph Murensky (Signed Opinion)  
Date: November 14, 2016
Docket Number: 16-0607

Justia Opinion Summary: In 2013, fourteen plaintiffs, including ten from West Virginia and four from New York, filed products liability and negligence claims agist Pfizer, Inc. regarding their use of the medication, Lipitor, a drug manufactured...

In Re: J.R.-1, C.R., M.R., and J.R.-2 (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0609
In Re: R.M., M.C.-1 and B.B. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0621
In Re: A.A.-1, and A.A.-2 (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0622
In Re: Z.H, and N.H. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0625
In Re: B.S. and R.S. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0648
In Re: I.S. (Memorandum Decision)
Date: November 14, 2016
Docket Number: 16-0658
State of West Virginia v. Robert H. (Memorandum Decision)
Date: November 10, 2016
Docket Number: 14-0889
In Re: Estate of Alex Kovarbasich (Memorandum Decision)
Date: November 10, 2016
Docket Number: 15-1032
Cred-X, Inc. v. Cabell Huntington Hospital (Memorandum Decision)
Date: November 10, 2016
Docket Number: 15-1056
Citibank, N.A. v. Perry (Signed Opinion)  
Date: November 10, 2016
Docket Number: 15-1121

Justia Opinion Summary: Robert Perry was issued a Citibank MasterCard account in 1998. The terms and conditions of the Citibank Card Agreement governing Perry’s account included an arbitration agreement. In 2010, Citibank filed a debt collectio...

State of West Virginia v. Wesley A. McCoy (Memorandum Decision)
Date: November 10, 2016
Docket Number: 15-1142
Jobie Howard v. Eaton Corporation (Memorandum Decision)
Date: November 10, 2016
Docket Number: 16-0055
Johnson Family Trust v. Antero Resources Corp. (Memorandum Decision)
Date: November 10, 2016
Docket Number: 16-0070
T.G. v. David Ballard, Warden (Memorandum Decision)
Date: November 10, 2016
Docket Number: 16-0203
SER Pamela Jean Games-Neely v. Hon. John C. Yoder, Judge (Memorandum Decision)
Date: November 10, 2016
Docket Numbers: 16-0505, 16-0506
Braxton Lumber Co. v. Lloyd's Inc. (Signed Opinion)  
Date: November 9, 2016
Docket Number: 15-0993

Justia Opinion Summary: Braxton Lumber Company filed suit against Lloyd’s Inc. seeking payment on a promissory note. Braxton Lumber did not file suit within six years of the due date on the promissory note owed to it. The circuit court dismisse...

Pratt v. Ballard (Signed Opinion)  
Date: November 9, 2016
Docket Number: 15-1157

Justia Opinion Summary: In 1976, Petitioner was convicted of armed robbery and sentenced to life imprisonment. The life sentence included the element of mercy, and Petitioner was released on parole in 1986. While on parole, Petitioner was convi...

Monica Boggs v. Lori Nohe, Warden (Memorandum Decision)
Date: November 7, 2016
Docket Number: 15-1001
State of West Virginia v. Scott A. Neal (Memorandum Decision)
Date: November 3, 2016
Docket Number: 15-0684
Monongalia County Board of Education v. American Federation of Teachers (Signed Opinion)  
Date: November 2, 2016
Docket Number: 15-0662

Justia Opinion Summary: This dispute arose from the use of educational interventionists to assist elementary and middle school students in Monongalia County who need educational support beyond that provided by the regular classroom teacher. The...

Reed v. Haynes (Signed Opinion)  
Date: November 2, 2016
Docket Number: 15-0971

Justia Opinion Summary: In 2012, Petitioner was arrested for driving under the influence (DUI). The West Virginia Division of Motor Vehicles (DMV) sent Petitioner an order of revocation revoking Petitioner’s driving privileges and enhancing her...

State ex rel. Lorenzetti v. Honorable David H. Sanders (Signed Opinion)  
Date: November 2, 2016
Docket Number: 16-0439

Justia Opinion Summary: Defendant was indicted on eight charges relating to the alleged sexual abuse of his eight-year-old daughter S.F. S.F. received treatment from the Department of Health and Human Resources (DHHR), which maintained files to...

Ancel W. v. David Ballard, Warden (Memorandum Decision)
Date: October 28, 2016
Docket Number: 15-0335
John L. Kiefer v. Town of Ansted, W. Va. (Memorandum Decision)
Date: October 28, 2016
Docket Number: 15-0766
State of West Virginia v. Stephen Spires (Memorandum Decision)
Date: October 28, 2016
Docket Number: 15-0924
Matthew H. v. Heather H. (Memorandum Decision)
Date: October 28, 2016
Docket Number: 15-1074
Rosanna S. Crum v. Michael Thornsbury and Thomas McComas, etc. (Memorandum Decision)
Date: October 28, 2016
Docket Numbers: 15-1131, 15-1219
Joseph Eugene Howard. v. David Ballard, Warden (Memorandum Decision)
Date: October 28, 2016
Docket Number: 15-1180
Edgar F.. v. David Ballard, Warden (Memorandum Decision)
Date: October 28, 2016
Docket Number: 15-1210
Rosanna S. Crum v. Chafin Funeral Home (Memorandum Decision)
Date: October 28, 2016
Docket Number: 15-1214
Brenda Albert v. City of Wheeling (Separate)
Date: October 27, 2016
Docket Number: 15-0879
Albert v. City of Wheeling (Signed Opinion)  
Date: October 27, 2016
Docket Number: 15-0879

Justia Opinion Summary: Petitioner filed a complaint against the City of Wheeling, alleging that the City negligently failed to inspect, maintain, and operate its waterworks and fire hydrant system, resulting in the total loss of her home due t...

State ex rel. O.H. v. West Virginia Board of Medicine (Signed Opinion)  
Date: October 27, 2016
Docket Number: 16-0449

Justia Opinion Summary: In September 2014, M.B. filed a complaint with the West Virginia Board of Medicine alleging that Petitioner had engaged in an improper sexual relationship with her while he was her treating physician and that he failed c...

Lisa C. Daniel v. Jay Enterprises, Inc. (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-0214
State of West Virginia v. Robert Hernandez, Jr. (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-0538
Gregory G. Poulos, et al. v. LBR Holdings, LLC (Separate)
Date: October 26, 2016
Docket Number: 15-0907
Poulos v. LBR Holdings, LLC (Signed Opinion)  
Date: October 26, 2016
Docket Number: 15-0907

Justia Opinion Summary: At dispute in this case was ownership of coalbed methane (CBM) under a 1938 deed. Respondent filed a complaint against Petitioners seeking a declaration of ownership of all CBM on the property conveyed in the deed and an...

University Park at Evansdale, LLC v. Musick (Signed Opinion)  
Date: October 26, 2016
Docket Number: 15-0934

Justia Opinion Summary: University Park at Evansdale, LLC (UPE) was the lessor of certain property owned by the West Virginia University Board of Governors commonly known as “University Park.” The Monongalia County Assessor assessed UPE’s lease...

Michael T. Heldreth v. Novelis Corporation (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-0951
State v. Collins (Signed Opinion)  
Date: October 26, 2016
Docket Number: 15-0958

Justia Opinion Summary: Petitioner pled guilty to the misdemeanor crime of sexual abuse in the third degree and was sentenced to the maximum statutory term of ninety days in jail. Petitioner was also required to register as a sexual offender fo...

Consol Energy, Inc. v. Hummel (Signed Opinion)  
Date: October 26, 2016
Docket Number: 15-1040

Justia Opinion Summary: Plaintiffs worked in coal mining operations under Consolidated Coal Company, a wholly-owned subsidiary of CONSOL Energy, Inc. In 2013, CONSOL sold Consolidated Coal Company to Murray Energy Corporation. Prior to the sale...

Reed v. Beckett (Signed Opinion)  
Date: October 26, 2016
Docket Number: 15-1044

Justia Opinion Summary: Respondent was driving an unlicensed all-terrain vehicle (ATV) on family-owned farm land when he wrecked the ATV and was injured. At the hospital, tests allegedly showed Respondent’s blood alcohol content was 0.17 percen...

Diana S. Wade v. Ohio Valley Medical Center (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1048
Michael A. Hicks v. Oilfield Trucking Solutions (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1082
Eddie Jinnis v. Summit Environmental Services (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1126
Jonathan M. Cager Sr. v. General Motors Corp. (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1128
Lisa Bloniarz v. GF Management, Inc. (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1129
Richard Scott v. Eastern Associated Coal, LLC (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1130
Russell A. McWhorter v. Ryan Builders (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1215
Landon A. Kennedy v. HKA Enterprises, Inc. (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1230
Helen R. Graves W. Va. United Health System (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1231
Lorenzo J. Decaria v. Weirton Medical Center (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1232
Dottie Jeeger v. Wheeling Jesuit University (Memorandum Decision)
Date: October 26, 2016
Docket Number: 15-1238
State v. Payne (Signed Opinion)  
Date: October 19, 2016
Docket Number: 15-0289

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree murder with a recommendation of mercy and conspiracy to commit burglary. The Supreme Court affirmed, holding (1) the trial court did not err in denying Defen...

Lawyer Disciplinary Board v. Kevin E. McCloskey (Separate)
Date: October 14, 2016
Docket Number: 14-1119
Lawyer Disciplinary Board v. Kevin E. McCloskey (Signed Opinion)
Date: October 14, 2016
Docket Number: 14-1119
State of West Virginia v. William L.E. (Memorandum Decision)
Date: October 13, 2016
Docket Number: 14-1055
Cheryl Wilhelm v. Jay-Bee Production Co. (Memorandum Decision)
Date: October 13, 2016
Docket Number: 15-0768
State of West Virginia v. Chip Melton Davidow (Memorandum Decision)
Date: October 13, 2016
Docket Number: 15-0876
Grimmett v. Smith (Signed Opinion)  
Date: October 12, 2016
Docket Number: 14-1105

Justia Opinion Summary: William and Kerry Smith filed a complaint alleging that Reginald Grimmett damaged their real property while developing a mobile home community on his adjacent tract of land. The jury returned a verdict in favor of Grimme...

State v. McDaniel (Signed Opinion)  
Date: October 12, 2016
Docket Number: 15-0641

Justia Opinion Summary: After a jury trial, Defendant was convicted of involuntary manslaughter, concealment of a deceased human body, and other offenses relating to the death of her twenty-six-day-old infant. The Supreme Court affirmed, holdin...

State of West Virginia v. Douglas D. (Memorandum Decision)
Date: October 11, 2016
Docket Number: 15-0266
State of West Virginia v. David K. (Separate)
Date: October 11, 2016
Docket Number: 15-0543
State v. David K. (Signed Opinion)  
Date: October 11, 2016
Docket Number: 15-0543

Justia Opinion Summary: Petitioner was convicted of two counts of felony sexual assault and two counts of felony sexual abuse by a custodian. During the trial, the child victim began testifying in-court but became unresponsive when the State qu...

Matkovich v. Univ. Healthcare Found., Inc. (Signed Opinion)  
Date: October 11, 2016
Docket Numbers: 15-0597, 15-0599

Justia Opinion Summary: The State Tax Commissioner and the Berkeley County Assessor denied an ad valorem property tax exemption to University Healthcare Foundation, Inc. for its property known as the Dorothy McCormack Cancer Treatment & Rehabil...

State v. Marcum (Signed Opinion)  
Date: October 11, 2016
Docket Number: 15-0696

Justia Opinion Summary: Petitioner pleaded guilty to conspiracy to commit the destruction of property and attempt to commit grand larceny. Petitioner was sentenced to consecutive terms of incarceration of one to five years and one to three year...

State of West Virginia v. Robert Watring (Memorandum Decision)
Date: October 11, 2016
Docket Number: 15-0932
In Re: K.M. and A.M. (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0109
In Re: L.L. (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0316
In Re: J.F., M.C.-2, and N.C. (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0392
In Re: C.S.-2 (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0425
In Re: L.B. (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0471
In Re: A.L. (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0498
In Re: A.L. (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0510
In Re: H.C., G.C., and H.S.. (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0586
In Re: M.H. and M.N. (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0606
In Re: N.P., R.P., and J.P.-1 (Memorandum Decision)
Date: October 11, 2016
Docket Number: 16-0623
State v. Vilela (Signed Opinion)  
Date: October 6, 2016
Docket Number: 15-0581

Justia Opinion Summary: After a jury trial, Petitioner was convicted of kidnapping and of attempted extortion. Petitioner was sentenced to life imprisonment on the kidnapping conviction, with parole eligibility in ten years. The Supreme Court a...

Mason v. Torrellas (Signed Opinion)  
Date: October 6, 2016
Docket Number: 15-0726

Justia Opinion Summary: The decedent in this case executed two wills, the first in West Virginia in 2012 and the second in New York in 2014. The named executor of the West Virginia will (Plaintiff) filed a complaint in a West Virginia circuit c...

T.W.J. v. L.S.A. (Memorandum Decision)
Date: October 6, 2016
Docket Number: 15-0817
SER Gabrielle M. v. Hon. David R. Janes, Judge (Memorandum Decision)
Date: October 6, 2016
Docket Number: 16-0167
State ex rel. Veard v. Hon. Lawrance S. Miller (Signed Opinion)  
Date: October 6, 2016
Docket Number: 16-0346

Justia Opinion Summary: Petitioners filed a petition in the magistrate court seeking to have Respondent evicted from one of their apartments. The magistrate court dismissed Petitioners’ claim as moot after a hearing. Respondent appealed. Therea...

Perry A. Prunesti v. United Coal Co. (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-0895
Lonnie L. Morris v. Raleigh Co. Board of Education (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-0900
Jarrod A. Martin v. City of Beckley (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-0966
Russell Walker v. Consolidation Coal Co. (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-0984
Richard W. Robinson v. Alpha Natural Resources (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-0992
Francis L. Fluharty Jr. v. AAA Mobile Homes (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-0996
Walter L. Davis v. Midnight Express, Inc. (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-1008
David Riggs v. Apogee Coal Co. (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-1023
United Parcel Service v. David Dille (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-1029
Bruce D. Angeli v. Mountain Mission (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-1046
Stephen D. Trail v. Saunders Staffing (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-1051
Scott A. Collins v. McElroy Coal Co. (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-1053
James R. Frye v. Huntington Alloys Corp. (Memorandum Decision)
Date: September 30, 2016
Docket Number: 15-1081
State v. Greenfield (Signed Opinion)  
Date: September 28, 2016
Docket Number: 15-0535

Justia Opinion Summary: After a jury trial, Petitioner was convicted of the first degree murder of his wife. The circuit court denied Petitioner’s motion for a judgment of acquittal or a new trial and sentenced him to life in prison without the...

Lisa A. Rowe v. Commercial Insurance Services (Memorandum Decision)
Date: September 27, 2016
Docket Number: 15-0755
Cole Truck Parts v. Robert Leeber, II (Memorandum Decision)
Date: September 27, 2016
Docket Number: 15-0781
Alice Shank v. American National Red Cross (Memorandum Decision)
Date: September 27, 2016
Docket Number: 15-0943
William Swisher v. Constellium Rolled Products (Memorandum Decision)
Date: September 27, 2016
Docket Number: 15-0952
State of West Virginia v. Gary A. (Separate)
Date: September 23, 2016
Docket Number: 15-0537
State v. Gary A. (Signed Opinion)  
Date: September 23, 2016
Docket Number: 15-0537

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of sexual assault in the first degree and two counts of sexual assault by a person in a position of trust. Defendant was sentenced to an effective term of thir...

In Re: Estate of J. Herman Isner (Memorandum Decision)
Date: September 23, 2016
Docket Number: 15-0904
State of West Virginia v. Harry W. (Memorandum Decision)
Date: September 23, 2016
Docket Number: 15-1080
Joseph S. v. Marvin Plumley, Warden (Memorandum Decision)
Date: September 23, 2016
Docket Number: 15-1137
William S. v. David Ballard, Warden (Memorandum Decision)
Date: September 23, 2016
Docket Number: 15-1175
Cassandra W. v. Scott M. (Memorandum Decision)
Date: September 23, 2016
Docket Number: 15-1247
Mark Gomez v. State Athletic Commission, et al. (Memorandum Decision)
Date: September 23, 2016
Docket Number: 16-0103
Benny Ray Roberts v. David Ballard, Warden (Memorandum Decision)
Date: September 23, 2016
Docket Number: 16-0120
State v. Doom (Signed Opinion)  
Date: September 22, 2016
Docket Number: 15-0714

Justia Opinion Summary: Defendant pleaded guilty to third offense shoplifting. The Circuit Court of Braxton County imposed a sentence of one to ten years of imprisonment, to be served consecutively to a sentence previously imposed in Monongalia...

In Re: C.C., A.C., A.C., and C.C. (Memorandum Decision)
Date: September 22, 2016
Docket Numbers: 15-1102, 15-1103
Erik Patrick Wells v. Charles T. Miller, Prosecuting Attorney (Separate)
Date: September 22, 2016
Docket Number: 16-0779
Ferlin Heavener v. Karen Pszczolkowski, Warden (Memorandum Decision)
Date: September 19, 2016
Docket Number: 15-0241
Pioneer Pipe v. Stephen Swain, Brayman Construction, et al. (Separate)
Date: September 19, 2016
Docket Number: 15-0397
Pioneer Pipe, Inc. v. Swain (Signed Opinion)  
Date: September 19, 2016
Docket Number: 15-0397

Justia Opinion Summary: Stephen Swain filed claims for workers’ compensation benefits for his occupational hearing loss. An administrative law judge (ALJ) with the Workers’ Compensation Office of Judges identified Pioneer Pipe, Inc. and two oth...

State of West Virginia v. Jared Michael Iseli (Memorandum Decision)
Date: September 19, 2016
Docket Number: 15-0884
State of West Virginia v. Michael T. McGee (Memorandum Decision)
Date: September 19, 2016
Docket Number: 15-0946
Don G. Galloway v. David Ballard, Warden (Memorandum Decision)
Date: September 19, 2016
Docket Number: 15-1005
State of West Virginia v. Mark T. (Memorandum Decision)
Date: September 19, 2016
Docket Number: 15-1072
State of West Virginia v. Lewis H. Allen, Jr. (Memorandum Decision)
Date: September 19, 2016
Docket Number: 15-1144
In Re: C.W., K.W., and T.R. (Memorandum Decision)
Date: September 19, 2016
Docket Number: 16-0019
Harold B. v. David Ballard, Warden (Memorandum Decision)
Date: September 19, 2016
Docket Number: 16-0029
In Re: K.V. and R.V. (Memorandum Decision)
Date: September 19, 2016
Docket Number: 16-0314
In Re: B.H. (Memorandum Decision)
Date: September 19, 2016
Docket Number: 16-0359
In Re: B.M., B.B.-1, B.B.-2, and L.B. (Memorandum Decision)
Date: September 19, 2016
Docket Number: 16-0423
In Re: M.G., C.G., and E.G. (Memorandum Decision)
Date: September 19, 2016
Docket Number: 16-0443
In Re: E.H., D.J., A.J., and B.L. (Memorandum Decision)
Date: September 19, 2016
Docket Number: 16-0458
In Re: C.A. and R.A.-1 (Memorandum Decision)
Date: September 19, 2016
Docket Number: 16-0470
In Re: L.B. and M.B. (Memorandum Decision)
Date: September 19, 2016
Docket Number: 16-0539
State of West Virginia v. Raymond Richardson (Memorandum Decision)
Date: September 16, 2016
Docket Number: 14-0382
State of West Virginia v. John H. Knoll (Memorandum Decision)
Date: September 16, 2016
Docket Number: 15-0584
In re D.M. (Signed Opinion)  
Date: September 15, 2016
Docket Numbers: 15-1042, 15-1043

Justia Opinion Summary: Mother and Father were the biological parents of D.M. D.M. was removed from Mother and Father and placed in the custody of the West Virginia Department of Health and Human Resources (the DHHR). After a dispositional hear...

Wells v. State ex rel. Miller (Signed Opinion)  
Date: September 15, 2016
Docket Number: 16-0779

Justia Opinion Summary: Petitioner Erik Patrick Wells, a registered Democrat, filed a “Candidate’s Certificate of Announcement for 2016 Partisan Elections” but left blank his party affiliation. Petitioner indicated on a subsequently filed “Mino...

Kimberly A. Bane v. Healthsouth Corporation (Memorandum Decision)
Date: September 12, 2016
Docket Number: 15-0805
Matthew K. Ward v. W. Va. Division of Highways (Memorandum Decision)
Date: September 12, 2016
Docket Number: 15-0815
Robert A. Adkins v. SWVA, Inc. (Memorandum Decision)
Date: September 12, 2016
Docket Number: 15-0836
Huntington Alloys Corp. v. Ashok Motwani (Memorandum Decision)
Date: September 12, 2016
Docket Number: 15-0944
State of West Virginia v. David A. Thompson (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0292
State of West Virginia v. Robert Wayne Prince (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0471
Banner Catlett v. Karen Pszczolkowski, Warden (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0567
State of West Virginia v. S.Y. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0591
State of West Virginia v. Dennis Abe Arbough (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0685
State of West Virginia v. Jacqueline Hairston (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0745
State of West Virginia v. Dwayne K. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0773
State of West Virginia v. April Dawn Hamrick (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0790
State of West Virginia v. Christopher L. Palmer (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0858
State of West Virginia v. Thomas H. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-0877
Stephen M. Gaultney v. Marvin C. Plumley, Warden (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-1006
State of West Virginia v. Thomas Williams (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-1009
In Re: M.N. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-1033
State of West Virginia v. Frederick J. Fluharty (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-1067
Andre M. Miller v. David Ballard, Warden (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-1088
Eileen F. Daniels v. Garry J. Daniels (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-1089
State of West Virginia v. Brian Anderson Merchant (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-1141
State of West Virginia v. Melinda Helmick (Memorandum Decision)
Date: September 6, 2016
Docket Number: 15-1185
In Re: I.M. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 16-0175
In Re: K.H.-1, K.H.-2, and K.H.-3 (Memorandum Decision)
Date: September 6, 2016
Docket Number: 16-0195
In Re: J.S.-1, J.S.-2, J.S.-3, and J.S.-4 (Memorandum Decision)
Date: September 6, 2016
Docket Number: 16-0315
In Re: H.W. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 16-0317
In Re: J.S.-1, J.S.-2, J.S.-3, and J.S.-4 (Memorandum Decision)
Date: September 6, 2016
Docket Number: 16-0334
In Re: B.S. and A.S. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 16-0336
In Re: J.G., L.G., and N.G. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 16-0337
In Re: A.A. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 16-0358
In Re: S.C., K.M. II, and D.M. (Memorandum Decision)
Date: September 6, 2016
Docket Number: 16-0426
Dennis L. Sampson, Jr. v. David Ballard, Warden (Memorandum Decision)
Date: September 2, 2016
Docket Number: 15-0446
Timothy Stewart v. Patrick Mirandy, Warden (Memorandum Decision)
Date: September 2, 2016
Docket Number: 15-0609
Charles V. Ballard v. Bren J. Pomponio (Memorandum Decision)
Date: September 2, 2016
Docket Number: 15-0738
State of West Virginia v. Harvey Lee Davis (Memorandum Decision)
Date: September 2, 2016
Docket Number: 15-0744
State of West Virginia v. Eric Paul Minda (Memorandum Decision)
Date: September 2, 2016
Docket Number: 15-1000
Dennis Burch v. Marvin Plumley, Warden (Memorandum Decision)
Date: September 2, 2016
Docket Number: 15-1091
Cameron NRC, LLC v. Linda Ashby (Memorandum Decision)
Date: August 26, 2016
Docket Number: 14-0700
Wade Canada v. Arch Coal, Inc. (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0380
Billy B. Evans v. Gateway Eagle Mine (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0839
Samuel A. Robinson v. Eastern Associated Coal (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0841
Randall D. Barb v. Utz Quality Foods (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0844
Iftikhar H. Saiyed v. 3 S Network, Inc. (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0864
Chad A. Bishop v. Cliff's Logan County Coal (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0882
Barbara J. Riffle v. Healthsouth Corporation (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0886
Thomas L. Coping v. Elementis (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0938
Wayne Lee v. Amfire, LLC (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0941
Richard I. Collins v. City Window Company (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0954
Ben Shin Trucking v. Joseph W. Howell (Memorandum Decision)
Date: August 26, 2016
Docket Number: 15-0965
Stanley Stewart v. Performance Coal Co. (Memorandum Decision)
Date: August 23, 2016
Docket Number: 15-0824
Annette Ellison v. Jan-Care Ambulance Service (Memorandum Decision)
Date: August 23, 2016
Docket Number: 15-0834
Pamela L. Callison v. Greenbrier Hotel Corp. (Memorandum Decision)
Date: August 23, 2016
Docket Number: 15-0840
Sarah K. Rhodes v. Quad/Graphics, Inc. (Memorandum Decision)
Date: August 11, 2016
Docket Number: 15-0795
John Kellison v. Dunham's Athleisure Corp. (Memorandum Decision)
Date: August 11, 2016
Docket Number: 15-0796
James Allport v. Nitro Electric (Memorandum Decision)
Date: August 1, 2016
Docket Number: 15-0732
Norena F. Buckland v. Wal-Mart (Memorandum Decision)
Date: August 1, 2016
Docket Number: 15-0750
Esther Shrum v. Logan Co. Board of Education (Memorandum Decision)
Date: August 1, 2016
Docket Number: 15-0751
Andrew A. Richards v. United Coal Company (Memorandum Decision)
Date: August 1, 2016
Docket Number: 15-0752
Clay Mullins v. Speed Mining, LLC (Memorandum Decision)
Date: August 1, 2016
Docket Number: 15-0816
Brayman Construction v. Jimmie L. Crew Jr. (Memorandum Decision)
Date: June 24, 2016
Docket Number: 15-0486
Windy Martin v. McDowell NRC, LLC (Memorandum Decision)
Date: June 24, 2016
Docket Number: 15-0510
Jonathan Taylor v. NGK Spark Plugs (Memorandum Decision)
Date: June 24, 2016
Docket Number: 15-0763
Lisa J. Halstead v. Lincare Holdings, Inc. (Memorandum Decision)
Date: June 24, 2016
Docket Number: 15-0770
Eric M. Tygrett v. CSX Hotels (Memorandum Decision)
Date: June 22, 2016
Docket Number: 15-0272
Paul Cook v. Cecil I. Walker Machinery (Memorandum Decision)
Date: June 22, 2016
Docket Number: 15-0618
Naomi Staton v. Integrated Resources (Memorandum Decision)
Date: June 22, 2016
Docket Number: 15-0620
Connie S. Mollohan v. Ecolab (Martinsburg) (Memorandum Decision)
Date: June 22, 2016
Docket Number: 15-0622
Tina L. Ellis v. HMA, Inc. (Memorandum Decision)
Date: June 22, 2016
Docket Number: 15-0760
State of West Virginia v. Michael Greene (Memorandum Decision)
Date: June 21, 2016
Docket Number: 15-0402
State of West Virginia v. William P. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 15-0469
Antonio Prophet v. David Ballard, Warden (Memorandum Decision)
Date: June 21, 2016
Docket Number: 15-1092
Frank D. v. David Ballard, Warden (Memorandum Decision)
Date: June 21, 2016
Docket Number: 15-1120
In Re: M.E. and M.H. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0006
In Re: I.W., G.D., and J.D. (Memorandum Decision)
Date: June 21, 2016
Docket Numbers: 16-0077, 16-0104
In Re: B.F. and R.F. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0078
In Re: C.R. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0111
In Re: J.D., B.D., and S.D. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0112
In Re: C.R. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0113
In Re: J.H. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0128
In Re: K.H. and C.H. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0129
In Re: A.W.-1, M.W., and S.F. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0141
In Re: S.P., G.P., and D.P. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0173
In Re: G.R. (Memorandum Decision)
Date: June 21, 2016
Docket Number: 16-0270
Robert J.M. v. David Ballard, Warden (Memorandum Decision)
Date: June 17, 2016
Docket Number: 14-1315
State of West Virginia v. Myrick Peacock (Memorandum Decision)
Date: June 17, 2016
Docket Number: 15-0234
Plaintiff v. Defendant
Date: June 17, 2016
Docket Number: 15-0765
State of West Virginia v. Dwight Keefer (Memorandum Decision)
Date: June 17, 2016
Docket Number: 15-0845
State of West Virginia v. Nicholas Varlas (Separate)
Date: June 16, 2016
Docket Number: 15-0037
West Virginia v. Varlas (Signed Opinion)  
Date: June 16, 2016
Docket Number: 15-0037

Justia Opinion Summary: Defendant appealed his conviction for second-degree sexual assault and of attempting to commit first-degree sexual abuse. The court found that, under Rule 412 of the West Virginia Rules of Evidence, the circuit court abu...

In Re: S.H. (Separate)
Date: June 16, 2016
Docket Number: 15-0708
In Re: S.H. (Signed Opinion)  
Date: June 16, 2016
Docket Number: 15-0708

Justia Opinion Summary: S.H. was adjudicated to have been neglected by her maternal grandmother and guardian, M.C. M.C. was granted an improvement period, but the improvement period was abruptly terminated by the court’s order, and M.C.’s guard...

In Re: M.H. (Memorandum Decision)
Date: June 16, 2016
Docket Number: 15-0804
SWVA, Inc. v. Birch (Signed Opinion)  
Date: June 15, 2016
Docket Number: 14-0471

Justia Opinion Summary: In 2004, Edward Birch received a workplace injury. In 2011, a claims administrator granted Birch and eight percent permanent partial disability (PPD) award. The Workers’ Compensation Office of Judges (OOJ) granted an add...

Harnish v. Corra (Signed Opinion)  
Date: June 15, 2016
Docket Number: 15-0393

Justia Opinion Summary: Plaintiff filed a complaint against Defendant alleging that he suffered past medical expenses arising from a car accident. Defendant admitted liability for the accident but denied that the accident injured Plaintiff’s ri...

Wade Painter v. David Ballard, Warden (Memorandum Decision)
Date: June 15, 2016
Docket Number: 15-0540
Terry J. Brown Sr. v. Brody Mining (Memorandum Decision)
Date: June 15, 2016
Docket Number: 15-0616
Stevens v. MTR Gaming Group, Inc. (Signed Opinion)  
Date: June 15, 2016
Docket Number: 15-0821

Justia Opinion Summary: Stacy Stevens, the personal representative of her late husband, Scott Stevens, filed suit on behalf of Scott’s estate against MTR Gaming Group, Inc. and International Game Technology, Inc. after Scott allegedly developed...

Melody A. v. Todd A. (Memorandum Decision)
Date: June 14, 2016
Docket Number: 14-1112
Brian K. Wilkins v. Aker Construction (Memorandum Decision)
Date: June 14, 2016
Docket Number: 15-0487
Schumacher Homes of Circleville v. Spencer (Signed Opinion)  
Date: June 13, 2016
Docket Number: 14-0441

Justia Opinion Summary: Plaintiff signed a contract with Defendant for the construction of a house. The contract contained an arbitration clause. Plaintiff later brought suit against Defendant, claiming that there were defects in the house. Def...

State ex rel. W. Va. Dep’t of Transp. v. Hon. Robert A. Burnside (Signed Opinion)  
Date: June 13, 2016
Docket Number: 15-1112

Justia Opinion Summary: The Division of Highways (DOH) of the West Virginia Department of Transportation acquired a portion of commercial property owned by MCNB Bank and Trust Company to facilitate construction of a new highway and tendered $41...

State of West Virginia v. William Fykes (Memorandum Decision)
Date: June 10, 2016
Docket Number: 13-0421
Old Republic Ins. Co. v. O'Neal (Signed Opinion)  
Date: June 10, 2016
Docket Number: 15-0012

Justia Opinion Summary: Plaintiff was injured in accident while working for Speed Mining LLC. Plaintiff and his wife (together, Plaintiffs) filed suit against Speed Mining. Plaintiffs also named as defendants related companies and individuals (...

Rubin Resources v. Morris (Signed Opinion)  
Date: June 10, 2016
Docket Number: 15-0122

Justia Opinion Summary: Rubin Resources, Inc. filed a legal malpractice action against Garold Morris, alleging that Morris was negligent in performing a title examination and preparing a title opinion for Rubin regarding an oil and gas leasehol...

Mirandy v. Smith (Signed Opinion)  
Date: June 8, 2016
Docket Number: 14-1255

Justia Opinion Summary: During a 2007 fight, Smith attacked Thomas with a hammer, and, following a struggle over a loaded shotgun, Smith discharged the shotgun into Thomas’s leg. Thomas’s minor son (C.), was present. Smith was convicted of mali...

Wade Painter v. David Ballard, Warden (Separate)
Date: June 8, 2016
Docket Number: 14-1266
Painter v. Ballard (Signed Opinion)  
Date: June 8, 2016
Docket Number: 14-1266

Justia Opinion Summary: Painter was convicted, in 2007, of grand larceny, daytime burglary with breaking, petit larceny, two counts of first-degree murder, and possession of a stolen vehicle. His sentence included a prison term of life without...

Pamela Jean Hayes v. Larry Brady, et al. (Memorandum Decision)
Date: June 8, 2016
Docket Number: 15-0518
Allegheny Country Farms, Inc. v. Huffman (Signed Opinion)  
Date: June 6, 2016
Docket Number: 14-1106

Justia Opinion Summary: Allegheny Country Farms entered into a contract to purchase a portion of Carper’s 33-acre property. The agreement was intended to resolve a boundary dispute. Before the conveyance was made, however, Carper sold her prope...

Anandhi Murthy, M.D. v. Andrea Karpacs-Brown, et al. (Separate)
Date: June 6, 2016
Docket Number: 15-0376
Murthy v. Karpacs-Brown (Signed Opinion)  
Date: June 6, 2016
Docket Number: 15-0376

Justia Opinion Summary: In 2001, the decedent presented to the Wetzel County Hospital Emergency Room in New Martinsville and came under the care of Dr. Murthy, a surgeon; she slipped into shock and died the next day. Her estate filed a medical...

State of West Virginia v. Stephen H. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 15-0801
Mark B. Shaffer v. Deanna L. Shaffer (Memorandum Decision)
Date: June 6, 2016
Docket Number: 15-0860
In Re: J.M., V.M., and D.M. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 15-1069
In Re: J.M., V.M., and D.M. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 15-1070
In Re: L.A. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 15-1169
In Re: C.D. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 15-1234
In Re: T.R. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 15-1235
In Re: N.M. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0024
In Re: E.L. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0027
In Re: B.F. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0076
In Re: S.E., Jr.-1 (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0114
In Re: C.C. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0115
In Re: B.B. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0130
In Re: E.Z., A.Z., J.Z., C.Z., and T.Z. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0142
In Re: B.B. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0143
In Re: A.S. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0144
In Re: K.P.-1, K.P.-2 and, K.P.-3 (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0176
In Re: G.B.-1, G.B.-2 and, G.B.-3 (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0196
In Re: H.J., R.H. and, E.H. (Memorandum Decision)
Date: June 6, 2016
Docket Number: 16-0218
Lawyer Disciplinary Board v. Howard J. Blyler (Separate)
Date: June 3, 2016
Docket Number: 14-0365
Lawyer Disciplinary Board v. Howard J. Blyler (Signed Opinion)
Date: June 3, 2016
Docket Number: 14-0365
State of West Virginia v. Michael Palmer (Memorandum Decision)
Date: June 3, 2016
Docket Number: 14-0862
Teets v. Miller (Signed Opinion)  
Date: June 3, 2016
Docket Number: 14-1118

Justia Opinion Summary: Hardy County emergency ambulance services were provided by a mix of paid and volunteer crews. In 2011, there were three crews, one of which sought funding from the County Commission to remain solvent. Although the Commis...

State of West Virginia v. Stephanie Elaine Louk (Separate)
Date: June 3, 2016
Docket Number: 15-0021
West Virginia v. Shafer (Signed Opinion)  
Date: June 3, 2016
Docket Number: 15-0115

Justia Opinion Summary: In 2014, Shafer, a drug addict, his girlfriend, Hughes, also addicted to drugs, and their friend, Wilson, conspired to rob 66-year-old Lynch, who lived alone with her dog in St. Albans. They had learned that she had been...

Sugar Rock, Inc. v. Washburn (Signed Opinion)  
Date: June 3, 2016
Docket Number: 15-0124

Justia Opinion Summary: Plaintiffs sued Sugar Rock, seeking a dissolution of partnerships, alleging them to be mining partnerships and attempted to obtain class action status. The circuit court granted plaintiffs partial summary judgment, findi...

Eric M. v. Laura M. (Signed Opinion)  
Date: June 3, 2016
Docket Number: 15-0190

Justia Opinion Summary: The parties were divorced in 2012. The original order provided that, for tax exemption purposes, the father would claim Child B. and the mother would claim Child C. In 2014, mother sought modification of child support a...

Gladys J. v. Ronnie J. (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0191
State of West Virginia v. Matthew Calvert (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0195
West Virginia v. Timothy C. (Signed Opinion)  
Date: June 3, 2016
Docket Number: 15-0211

Justia Opinion Summary: In 2013, the petitioner was charged with nine counts involving his minor daughter, M.C., that pertained to three separate incidents of first-degree sexual assault (West Virginia Code 61-8B-3(a)(2)), sexual abuse by a par...

State of West Virginia v. Terry Abbott (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0235
Ringel-Williams v. W.V. Consol. Pub. Retirement Bd. (Signed Opinion)  
Date: June 3, 2016
Docket Number: 15-0281

Justia Opinion Summary: Petitioner has been employed by the Raleigh County Board of Education as a physical therapist since 1987. Her initial “Teacher’s Probationary Contract of Employment” provided that she would be paid an annual salary “for...

Gomez v. Kanawha County Comm'n (Signed Opinion)  
Date: June 3, 2016
Docket Number: 15-0342

Justia Opinion Summary: The Kanawha County Commission is a member of the Central West Virginia Regional Airport Authority, which owns and operates Yeager Airport. At the behest of the FAA, they began a project to remove a hill in Charleston's C...

West Virginia v. Deel (Signed Opinion)  
Date: June 3, 2016
Docket Number: 15-0345

Justia Opinion Summary: In 2004, the Petitioner was charged with sexual abuse in the first degree, attempt to commit a felony of sexual assault in the first degree, sexual assault in the first degree and sexual abuse by a custodian, based on 20...

Timothy O'Dell v. Marvin Plumley, Warden (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0442
Patricia H. v. Gregory M. (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0461
Adams v. Pa. Higher Educ. Assistance Agency (Signed Opinion)  
Date: June 3, 2016
Docket Number: 15-0524

Justia Opinion Summary: Adams dropped out of school in the 11th grade, moved to West Virginia, and receives social security disability on the basis of severe hypertension, migraine headaches, and mild mental retardation with marginal illiteracy...

John Christian v. Patrick Mirandy, Warden (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0541
Brannon Ice v. Linda Stevens (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0565
State of West Virginia v. Tyler S. Munson (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0585
Carl T. Sr v. David Ballard, Warden (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0649
John M. v. Stephanie M. (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0656
Carl Campion v. W. Va. Dept. of Education (Memorandum Decision)
Date: June 3, 2016
Docket Number: 15-0689
Games-Neely v. Yoder (Signed Opinion)  
Date: June 3, 2016
Docket Number: 15-1198

Justia Opinion Summary: Streets, a 32-year Berkeley County Sheriff’s Department veteran, was indicted for felony embezzlement and fraudulent schemes, with respect to 13 guns taken from the Department and sold to a gun dealer, Glockcop. He was f...

Wheeling Park Commission v. Joseph and Kerry Dattoli (Separate)
Date: June 2, 2016
Docket Number: 14-1332
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