Supreme Court of Appeals of West Virginia Decisions 2016

Opinions 501 - 907 of 907

Wheeling Park Comm'n v. Dattoli (Signed Opinion)  
Date: June 2, 2016
Docket Number: 14-1332

Justia Opinion Summary: On September 1, 2007, the Dattolis were at Oglebay Park Resort in Ohio County, when Mr. Dattoli leaned against a split rail fence after glancing at the fence to ensure that its parts were attached. As he leaned against a...

Samuel Anstey v. David Ballard, Warden (Separate)
Date: June 2, 2016
Docket Number: 15-0067
Anstey v. Ballard (Signed Opinion)  
Date: June 2, 2016
Docket Number: 15-0067

Justia Opinion Summary: In 1995, Anstey was convicted first-degree murder, without a recommendation of mercy, in the death of his 81-year-old grandmother during a 1994 fire. There was extensive testimony about Anstey's physical and financial a...

West Virginia v. Heater (Signed Opinion)  
Date: June 2, 2016
Docket Number: 15-0343

Justia Opinion Summary: In 2013, Siron, “driving around drinking,” was joined by his cousin, Heater, who asked Siron to drive to the Oberg home. Heater did not tell Siron that Oberg was having an affair with Kelli and that Kelli’s husband had a...

West Virginia v. Wilson (Signed Opinion)  
Date: June 2, 2016
Docket Number: 15-0578

Justia Opinion Summary: In 2014, Wilson and Shafer planned to rob Lynch-Burdette at her home , considering her an “easy mark” because she was 66 years old, weighed 100 pounds, lived alone, and had been robbed previously, but had never made a po...

Jeffrey N. Evans/Ameriprise Fin. Servs. v. Bayles (Signed Opinion)  
Date: June 1, 2016
Docket Number: 15-0600

Justia Opinion Summary: Bayles rolled over his 401(k) retirement account, signing an Ameriprise Brokerage Individual Retirement Account Application. Bayles later signed an Active Portfolios Application-IRA Account Application. The first page of...

State of West Virginia v. Stephanie Elaine Louk (Separate)
Date: May 27, 2016
Docket Number: 15-0021
West Virginia v. Louk (Signed Opinion)  
Date: May 27, 2016
Docket Number: 15-0021

Justia Opinion Summary: On June 11, 2013, Louk, then 37 weeks pregnant, injected methamphetamine into her arm. A few hours later,. Louk experienced breathing problems and went to Summersville Hospital. Dr. Lester treated Louk and testified that...

James Ledbetter v. Triton Construction (Memorandum Decision)
Date: May 25, 2016
Docket Number: 15-0721
Mylinda Kimball-Shepard v. Fortune Brands (Memorandum Decision)
Date: May 25, 2016
Docket Number: 15-0722
Debra A. Fisher v. Wheeling Hospital (Memorandum Decision)
Date: May 24, 2016
Docket Number: 15-0615
Quad/Graphics, Inc. v. Ivan A. Morad (Memorandum Decision)
Date: May 24, 2016
Docket Number: 15-0624
Eric R. Johnson v. ROC, Inc. (Memorandum Decision)
Date: May 24, 2016
Docket Number: 15-0625
Lane W. Hall v. Alcon/Omega (Memorandum Decision)
Date: May 24, 2016
Docket Number: 15-0630
Lane W. Hall v. Alcon/Omega (Memorandum Decision)
Date: May 24, 2016
Docket Number: 15-0837
State of West Virginia v. Shelby S. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 14-0456
Haley B. v. Shayne B. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 14-1108
Gregory Moore v. Appalachian Stone (Memorandum Decision)
Date: May 23, 2016
Docket Number: 14-1178
State of West Virginia v. Roger E. Harvey (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0257
State of West Virginia v. Marvin L. White (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0344
State of West Virginia v. Gary R. Butler (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0348
Stephen Maynard v. Wexford Health Sources (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0398
State of West Virginia v. Cassidy B. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0404
In Re: N.M. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0450
In Re: Guardianship of A.C. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0659
Max Woodson v. Marvin C. Plumley, Warden (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0683
In Re: Adoption of J.B. and B.B. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0808
In Re: C.D., A.D. and K.D. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0823
State of West Virginia v. Nathaniel Lane (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0856
In Re: Adoption of B.S. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0883
In Re: L.O. and D.O. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0912
In Re: C.A. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0963
In Re: T.H. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0964
In Re: K.F. and S.F. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0981
In Re: J.K.-1, J.K.-2, K.C.-1, and K.C.-2 (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0982
In Re: B.L. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0998
In Re: H.W. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-0999
In Re: G.M. and A.M. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1015
In Re: S.B., J.B. and C.M. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1016
In Re: J.R. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1041
In Re: A.C., J.C., D.C.-1 and D.C.-2. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1064
In Re: B.W. and R.W. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1066
In Re: B.S. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1114
In Re: B.S. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1115
In Re: S.H. and B.S. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1116
In Re: B.W. and R.B. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1167
In Re: M.L. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1168
In Re: C.M.-1 and C.M.-2 (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1170
In Re: M.L. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1176
In Re: T.A. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1184
In Re: J.G. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 15-1201
In Re: C.D., A.D. and K.D. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 16-0081
In Re: A.M. (Memorandum Decision)
Date: May 23, 2016
Docket Number: 16-0110
West Virginia v. Ervin (Signed Opinion)  
Date: May 20, 2016
Docket Number: 14-0919

Justia Opinion Summary: Ervin was charged with first degree murder; use of a firearm to commit murder; stalking; wanton endangerment involving the use of a firearm; and domestic assault, in connection with the 2012 death of Layman. Ervin did n...

State of West Virginia v. Andrew Rios (Memorandum Decision)
Date: May 20, 2016
Docket Number: 15-0347
Town of Cowen v. Junior Cobb (Memorandum Decision)
Date: May 20, 2016
Docket Number: 15-0438
Jeffrey Formulak v. Bank of Charles Town (Memorandum Decision)
Date: May 20, 2016
Docket Number: 15-0643
Travis G. v. Allyson H. (Memorandum Decision)
Date: May 20, 2016
Docket Number: 15-0661
Robert Thomas v. Dennis Dingus, Warden (Memorandum Decision)
Date: May 20, 2016
Docket Number: 15-0712
Raheim Doleman v. Lance Yardley, Warden (Memorandum Decision)
Date: May 20, 2016
Docket Number: 15-0780
Harold M. v. David Ballard, Warden (Memorandum Decision)
Date: May 20, 2016
Docket Number: 15-0813
Robert W. v. Paulette W. (Memorandum Decision)
Date: May 20, 2016
Docket Number: 15-1010
Williams v. CMO Mgmt., LLC (Signed Opinion)  
Date: May 19, 2016
Docket Number: 15-0553

Justia Opinion Summary: Thompson, who suffered from Alzheimer’s disease, resided at CMO’s nursing facility, 2001-2011. Following his death, his estate filed suit, alleging that Thompson’s injuries and death resulted from the abuse and neglect h...

State of West Virginia v. James F. (Memorandum Decision)
Date: May 18, 2016
Docket Number: 15-0194
Int’l Union of Operating Engineers v. L.A. Pipeline Constr. Co. (Signed Opinion)  
Date: May 18, 2016
Docket Number: 15-0898

Justia Opinion Summary: L.A. Pipeline Construction Company, an Ohio corporation, admitted liability for failing to fully pay some of its employees - a group of engineers who worked on a pipeline job in West Virginia. L.A. Pipeline sought to avo...

State ex rel. Ford Motor Co. v. Hon. Warren R. McGraw (Signed Opinion)  
Date: May 18, 2016
Docket Number: 15-1149

Justia Opinion Summary: Jarred Wellman, a West Virginia resident, was killed in a one-car rollover crash in West Virginia. Jarred was operating a 2002 Ford Explorer at the time of the accident. Plaintiff, a West Virginia resident and the father...

Jeanie Wise v. Wal-Mart Associates (Memorandum Decision)
Date: May 5, 2016
Docket Number: 15-0488
Robert Siburt v. Alliance Coal (Memorandum Decision)
Date: May 5, 2016
Docket Number: 15-0508
Joseph Hunter v. Sentinel Transportation (Memorandum Decision)
Date: May 5, 2016
Docket Number: 15-0509
Jonathan R. v. Katie R. (Memorandum Decision)
Date: April 29, 2016
Docket Number: 15-0400
Cleve H. Messer v. David Ballard, Warden (Memorandum Decision)
Date: April 29, 2016
Docket Number: 15-0423
State v. Beegle (Signed Opinion)  
Date: April 21, 2016
Docket Number: 15-0302

Justia Opinion Summary: After a jury trial, Petitioner, a registered sex offender, was found guilty of failure to register or provide notice of registration charges. The circuit court sentenced Petitioner to a term of years in the penitentiary...

In Re: A.H. and J.H. (Memorandum Decision)
Date: April 21, 2016
Docket Numbers: 15-0828, 15-0832
Wooten v. Walker (Signed Opinion)  
Date: April 19, 2016
Docket Number: 16-0226

Justia Opinion Summary: Petitioner was a candidate seeking election to the Supreme Court of Appeals of West Virginia and was a “participating candidate” under the west Virginia Supreme Court of Appeals Public Campaign Financing Program. In his...

Benjamin v. Walker (Signed Opinion)  
Date: April 19, 2016
Docket Number: 16-0228

Justia Opinion Summary: Petitioner was a Justice of the Supreme Court of Appeals of West Virginia and a candidate seeking re-election to the Court. Petitioner began his election campaign as a “traditional candidate” - a candidate financed by co...

Richard Peters v. Marvin Plumley, Warden (Memorandum Decision)
Date: April 15, 2016
Docket Number: 14-0475
Jamie G. v. Billy B. (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0106
Frank Larson v. Snedeker Enterprises, LLC (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0305
Ray Justis v. Karen Pszczolkowski, Warden (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0369
Steven Dukes v. David Ballard, Warden (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0382
Farley Rhodes v. David Ballard, Warden (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0430
Michael Kandis v. David Ballard, Warden (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0431
In Re: The Estate of Mary E. McClain (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0434
Danny Baker v. David Ballard, Warden (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0588
R.C. v. Patrick Mirandy, Warden (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0646
State of West Virginia v. Frank D. (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0779
Roger Smith v. Karen Pszczolkowski, Warden (Memorandum Decision)
Date: April 15, 2016
Docket Number: 15-0788
Taylor v. W. Va. Dept. of Health & Human Res. (Signed Opinion)  
Date: April 14, 2016
Docket Number: 14-0679

Justia Opinion Summary: Petitioners alleged, in addition to claims of gender discrimination and invasion of privacy, that they were discharged from their employment with West Virginia Department of Health and Human Services (DHHR) for discoveri...

Knotts v. Grafton City Hospital (Signed Opinion)  
Date: April 14, 2016
Docket Number: 14-0752

Justia Opinion Summary: Petitioner worked for a Hospital for seven years until she was fired at age sixty-five. The Hospital’s stated reason for Petitioner’s termination was that she had committed multiple violations of the Hospital’s patient c...

Mark Hylton v. Mechel Bluestone, Inc. (Memorandum Decision)
Date: April 14, 2016
Docket Number: 15-0215
Roddy Ferrell v. Hanover Resources, LLC (Memorandum Decision)
Date: April 14, 2016
Docket Number: 15-0222
Fola Coal Co. v. Richard Hill (Memorandum Decision)
Date: April 14, 2016
Docket Number: 15-0239
Robin Stackpole v. Sun Healthcare (Memorandum Decision)
Date: April 14, 2016
Docket Number: 15-0284
Charleston Hauling v. Terry Miller (Memorandum Decision)
Date: April 14, 2016
Docket Number: 15-0286
State v. Surbaugh (Signed Opinion)  
Date: April 13, 2016
Docket Number: 14-0890

Justia Opinion Summary: After a jury trial, Petitioner was convicted of murder in the first degree without a recommendation of mercy. Petitioner filed a post-trial motion for new trial or judgment of acquittal, which the circuit court denied. T...

State v. Dunn (Signed Opinion)  
Date: April 13, 2016
Docket Number: 14-1037

Justia Opinion Summary: Petitioner was convicted of first degree murder and and attempted murder. Petitioner was sentenced to life in prison without mercy for the murder conviction. The Supreme Court affirmed, holding (1) the trial court did no...

State of West Virginia v. Steven S. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 14-1033
Robert W. v. Dennis Dingess, Warden (Memorandum Decision)
Date: April 12, 2016
Docket Number: 14-1047
State of West Virginia v. Carlos Angle (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0373
Samuel P. Cerra v. Bayer Corporation (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0425
Jeffrey Rowh v. Rock Branch Mechanical (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0426
Lawrence D. Truman v. Elkem Metals (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0449
Henry Jenkins v. David Ballard, Warden (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0454
In Re: A.C. and O.C. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0475
Enoch Williams v. Alpha Natural Resources (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0476
Jamie Burcham v. City of Huntington (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0479
Rebekah L. Bolon v. Lowe's Home Centers (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0485
Aaron J. Shultz v. Eastern Associated Coal (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0502
Teddy White v. Gateway Eagle (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0527
Frank R. Marra v. J F Allen Co. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0562
Robert L. Johnson v. Amfire, LLC (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0563
State of West Virginia v. Martin R. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0580
In Re: A.R. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0607
In Re: S.H., An Alleged Protected Person (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0626
State of West Virginia v. Casey M. Givens (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0688
State of West Virginia v. Nathan B. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0698
State of West Virginia v. Julius L. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0772
In Re: M.Z., M.Z., M.Z., and M.Z. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0818
In Re: K.P. and I.C. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0874
Kenneth Riley v. William J. Vest, Warden (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0885
In Re: J.M. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0893
In Re: M.G., C.G., L.G., H.G., and A.G. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0962
In Re: B.H. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-0983
In Re: I.W. and K.W (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-1090
In Re: J.B. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-1096
In Re: I.W. and K.W (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-1097
In Re: J.E., J.E., and B.E. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-1113
In Re: R.H. and E.H. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-1182
In Re: N.H. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-1199
In Re: G.R. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-1200
In Re: G.W. and S.W. (Memorandum Decision)
Date: April 12, 2016
Docket Number: 15-1236
Richard Parsons v. Halliburton Energy Services, Inc. (Separate)
Date: April 11, 2016
Docket Number: 14-1288
Parsons v. Halliburton Energy Servs., Inc. (Signed Opinion)  
Date: April 11, 2016
Docket Number: 14-1288

Justia Opinion Summary: Plaintiff, who was employed by Defendant, signed an employment agreement providing that all disputes with Defendant shall be resolved through arbitration. After Plaintiff’s employment ended, Plaintiff filed a complaint a...

State of West Virginia v. Clarke Patterson (Memorandum Decision)
Date: April 8, 2016
Docket Number: 15-0110
Morgan Shepherd v. David Ballard, Warden (Memorandum Decision)
Date: April 8, 2016
Docket Number: 15-0327
State of West Virginia v. Howard Paul S. (Memorandum Decision)
Date: April 8, 2016
Docket Number: 15-0428
Charles F.K., Jr. v. Sigal L.K. (Memorandum Decision)
Date: April 8, 2016
Docket Number: 15-0462
Lawyer Disciplinary Board v. Heidi M. Georgi Sturm (Signed Opinion)
Date: April 7, 2016
Docket Numbers: 14-0749, 15-0009
Marvin Plumley, Warden v. Shane Dodson (Memorandum Decision)
Date: April 7, 2016
Docket Number: 14-1202
Estate of Luigi Bossio v. Bossio (Signed Opinion)  
Date: April 7, 2016
Docket Numbers: 14-1328, 14-1329

Justia Opinion Summary: After a bench trial, the circuit court concluded that Bernard Bossio had proven that the parties in this case intended to enter into and were bound by the terms of a 1990 stock purchase agreement requiring the Estate of...

J.F. Allen Corp. v. Sanitary Bd. of City of Charleston (Signed Opinion)  
Date: April 7, 2016
Docket Number: 15-0089

Justia Opinion Summary: J.F. Allen Corporation (J.F. Allen), a utility contractor, and the Sanitary Board of the City of Charleston (CSB), a utility owner, entered into a written agreement for a construction project involving improvements to th...

City of Morgantown v. Nuzum Trucking Co. (Signed Opinion)  
Date: April 7, 2016
Docket Number: 15-0127

Justia Opinion Summary: The City of Morgantown passed an ordinance seeking to regulate the weight and size of certain vehicles using a portion of West Virginia State Route 7 that passes through Morgantown. Plaintiffs filed a complaint arguing t...

Nationstar Mortgage v. Adam and Bethany West (Separate)
Date: April 7, 2016
Docket Number: 15-0128
Nationstar Mortgage, LLC v. West (Signed Opinion)  
Date: April 7, 2016
Docket Number: 15-0128

Justia Opinion Summary: Respondents entered into a loan agreement with Nationstar Mortgage, LLC. As part of the mortgage loan transaction, Respondents signed an arbitration agreement. Respondents later filed a complaint alleging that Nationstar...

State ex rel. Judicial Investigation Comm’n v. Board of Ballot Comm’rs (Signed Opinion)  
Date: April 7, 2016
Docket Number: 16-0223

Justia Opinion Summary: The Judicial Investigation Commission (JIC) requested the Supreme Court to issue a writ of mandamus against the Putnam County Board of Ballot Commissioners (Board) to remove Troy Sexton from the May 2016 ballot as a cand...

Joseph Hardway v. Kone, Inc. (Memorandum Decision)
Date: March 25, 2016
Docket Number: 14-1122
State v. Shingleton (Signed Opinion)  
Date: March 24, 2016
Docket Number: 12-1446

Justia Opinion Summary: After a jury trial, Petitioner was convicted of twenty counts of possession of material visually portraying a minor engaged in sexually explicit conduct. Petitioner also received a related recidivist conviction. Through...

Barbara J. Marstiller v. W. VA. United Health Systems (Memorandum Decision)
Date: March 24, 2016
Docket Numbers: 14-1244, 15-0303, 15-0464
Lowe's Home Centers v. Leslie Benedum (Memorandum Decision)
Date: March 24, 2016
Docket Number: 15-0070
David Hypes v. Jackie Withrow Hospital (Memorandum Decision)
Date: March 24, 2016
Docket Number: 15-0174
Joey C. Miller v. Hobet Mining, LLC (Memorandum Decision)
Date: March 24, 2016
Docket Number: 15-0410
Tractor Supply Co. v. Jamie List (Memorandum Decision)
Date: March 22, 2016
Docket Number: 15-0275
Lonnie Patrick v. CCBCC, Inc. (Memorandum Decision)
Date: March 22, 2016
Docket Number: 15-0276
Charles B. Ingram v. Wheeling Station, Ltd. (Memorandum Decision)
Date: March 22, 2016
Docket Number: 15-0283
Cunningham v. LeGrand (Signed Opinion)  
Date: March 15, 2016
Docket Number: 11-1613

Justia Opinion Summary: Ryan Cunningham, Ronald LeGrand and four other individuals signed an operating agreement of Mountain Country Partners, LLC. Cunningham instituted a civil action seeking injunctive relief for the purpose of gaining operat...

Russell v. Town of Granville (Signed Opinion)  
Date: March 15, 2016
Docket Number: 15-0392

Justia Opinion Summary: In 2013, the Town of Granville adopted an ordinance limiting new mobile homes and house trailers to existing mobile home parks. Patrick Russell and Sylvia Smith (together, Mr. Russell) requested a variance to the ordinan...

Christopher F. v. Erin F. (Memorandum Decision)
Date: March 9, 2016
Docket Number: 15-0316
State v. Frank S. (Signed Opinion)  
Date: March 8, 2016
Docket Number: 14-1310

Justia Opinion Summary: After a jury trial, Defendant was found guilty of nine counts of rape, three counts of incest, and eight counts of sodomy for sexually abusing four girls. The Supreme Court affirmed, holding that the circuit court did no...

State ex rel. State Farm Mut. Auto. Ins. Co. v. Hon. Jeffrey D. Cramer (Signed Opinion)  
Date: March 8, 2016
Docket Number: 15-1101

Justia Opinion Summary: William and Sarah Bassett, who were insured by State Farm Mutual Automobile Insurance Company, alleged that State Farm engaged in unfair trade practices with regard to the Bassetts’ assertion of unfair trade practices. T...

State v. Fleming (Signed Opinion)  
Date: March 7, 2016
Docket Number: 14-1141

Justia Opinion Summary: After a jury trial, Defendant was convicted of twelve counts of wanton endangerment, one count of attempted murder, and one count of fleeing in reckless indifference to the safety of others. Defendant filed a motion for...

In Re: H.R. (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0162
State of West Virginia v. Ryan Bayne-Durgan (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0265
Michael V. v. Stephanie S. (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0280
State of West Virginia v. William White (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0536
In Re: D.B. (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0701
Mark S. v. David Ballard, Warden (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0728
In Re: E.F. and J.B. (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0833
In Re: M.K., S.G., and A.G. (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0902
In Re: T.W. and N.W. (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0910
In Re: B.U. (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0911
In Re: R.C. (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-0959
In Re: T.P. and A.P. (Memorandum Decision)
Date: March 7, 2016
Docket Number: 15-1037
Lawyer Disciplinary Board v. Thorn H. Thorn (Signed Opinion)
Date: March 3, 2016
Docket Number: 14-0670
Pristine Pre-Owned Auto, Inc. v. Courrier (Signed Opinion)  
Date: March 3, 2016
Docket Number: 15-0008

Justia Opinion Summary: Petitioner filed a complaint seeking a writ of mandamus to compel the return of items seized by a state police trooper (Trooper) in his execution of a search warrant at Petitioner’s business premises. In his complaint, P...

Ward v. Ward (Signed Opinion)  
Date: March 3, 2016
Docket Number: 15-0519

Justia Opinion Summary: Plaintiff brought an action for unlawful detainer against Defendant. The circuit court granted relief and ordered Plaintiff to pay Defendant $50,000 for the cost of a log cabin that Defendant was required to vacate. Plai...

Gerald A. and Teresa L. Phillips v. Joshua D. Stear (Separate)
Date: March 2, 2016
Docket Number: 15-0011
Phillips v. Stear (Signed Opinion)  
Date: March 2, 2016
Docket Number: 15-0011

Justia Opinion Summary: Plaintiff, a commercial truck driver, alleged that Defendant carelessly engaged in an act of road rage that injured Plaintiff. The jury returned a verdict that Plaintiff had failed to prove by a preponderance of the evid...

Lister v. Ballard (Signed Opinion)  
Date: March 2, 2016
Docket Number: 15-0028

Justia Opinion Summary: After a jury trial, Petitioner was convicted of first degree murder. The circuit court imposed a sentence of life without the possibility of parole. After unsuccessfully seeking a new trial and review by the United State...

Robin W. Hammer v. Robert B. Hammer, et al. (Memorandum Decision)
Date: February 26, 2016
Docket Number: 14-0995
Clifford Allen Powers v. Marvin Plumley, Warden (Memorandum Decision)
Date: February 26, 2016
Docket Number: 14-1169
Lockwood & Lockwood v. Jane A. Harrell (Memorandum Decision)
Date: February 26, 2016
Docket Number: 14-1313
State of West Virginia v. Adam W. (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0111
State of West Virginia v. John J. Jones, III (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0200
Eddie Jordan v. CSX Transportation, Inc. (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0224
Gary Bailey v. BJ Services Co. (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0285
Vicki G. Bateman v. Summers Co. Council on Aging (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0287
Ronald E. Williams v. Performance Coal Co. (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0288
State of West Virginia v. Joseph L. Stephens, Sr. (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0291
Alexandria Metcalf v. W. Va. United Health System (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0304
Thomas M. Richards v. Gateway Eagle (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0322
Guardian Fiberglass, Inc. v. George O'Connell (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0329
Guardian Fiberglass, Inc. v. Ryan Moore (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0330
Guardian Fiberglass, Inc. v. Terry Lloyd (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0331
Randy L. Wilson v. Midkiff Construction (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0351
Anita D. Fouts v. Denny L. and Terry J. Stout (Memorandum Decision)
Date: February 26, 2016
Docket Number: 15-0363
Pickens v. Tribble (Signed Opinion)  
Date: February 25, 2016
Docket Number: 14-1060

Justia Opinion Summary: Plaintiffs, Murl Tribble and Janet Sargent, and Defendant, Polly Pickens, were three adult sisters involved in a dispute over the Estate of their deceased mother. Plaintiffs alleged (1) beginning at the time of their fat...

State of West Virginia v. Matthew Feicht (Memorandum Decision)
Date: February 25, 2016
Docket Number: 15-0112
Eric T. Johnson v. Marvin C. Plumley, Warden (Memorandum Decision)
Date: February 19, 2016
Docket Number: 15-0108
Larry C. v. David Ballard, Warden (Memorandum Decision)
Date: February 19, 2016
Docket Number: 15-0197
Keith Miller v. Karen Pszczolwski, Warden (Memorandum Decision)
Date: February 19, 2016
Docket Number: 15-0352
State of West Virginia v. Steven W. Solomon (Memorandum Decision)
Date: February 19, 2016
Docket Number: 15-0366
Steven A. Williamson v. Marvin C. Plumley, Warden (Memorandum Decision)
Date: February 19, 2016
Docket Number: 15-0383
William Echard II v. Marvin Plumley, Warden (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0441
Andra F. v. Anthony H., etc. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0445
State of West Virginia v. William Parsons (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0505
William David Franklin v. Anne Thomas, Warden (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0549
In Re: L.L. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0703
In Re: L.H., A.L., and T.A. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0741
In Re: A.M. and C.M. (Memorandum Decision)
Date: February 16, 2016
Docket Numbers: 15-0743, 15-0776
In Re: J.P., H.P.-1, H.P.-2, L.P. and E.P.-1 (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0777
In Re: M.C. and G.C. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0791
In Re: G.B.-1, G.B.-2, and G.B.-3 (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0829
In Re: G.B.-1, G.B.-2, and G.B.-3 (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0830
In Re: G.M., M.M., and J.M. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0831
In Re: K.B., E.B., and L.B. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0870
In Re: D.C., S.C., K.M., and D.M. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0908
In Re: J.M. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0909
In Re: T.P. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-0961
In Re: W.W.-1, N.W.-2, and E.P.-3 (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-1011
In Re: W.W.-1, N.W., and E.P. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-1012
In Re: A.B. (Memorandum Decision)
Date: February 16, 2016
Docket Number: 15-1013
Raines v. Ballard (Signed Opinion)  
Date: February 12, 2016
Docket Number: 14-0780

Justia Opinion Summary: After a jury trial, Petitioner was convicted of robbery in the first degree, nighttime burglary, and conspiracy. At issue in this case were two plea deals offered by the State. The first was a pre-trial offer and the sec...

Ronnie B. v. David Ballard, Warden (Memorandum Decision)
Date: February 12, 2016
Docket Number: 14-0902
State of West Virginia v. Orlandis Funderburke (Memorandum Decision)
Date: February 12, 2016
Docket Number: 14-1035
Gregg D. Smith v. Patrick Mirandy, Warden (Memorandum Decision)
Date: February 12, 2016
Docket Number: 14-1282
State of West Virginia v. Cornelius B. (Memorandum Decision)
Date: February 12, 2016
Docket Number: 15-0109
In re C.M. (Signed Opinion)  
Date: February 11, 2016
Docket Number: 15-0451

Justia Opinion Summary: The West Virginia Department of Health and Human Resources (DHHR) filed a petition alleging abuse and neglect against Father. After an adjudicatory hearing, the circuit court dismissed the abuse and neglect petition, con...

State ex rel. Sorsaia v. Hon. Stowers (Signed Opinion)  
Date: February 11, 2016
Docket Number: 15-0940

Justia Opinion Summary: The State filed an information charging Caleb Toparis with the misdemeanor offenses of domestic assault and domestic battery. Toparis filed a motion to dismiss the information, asserting that his right to a speedy trial...

Gill v. City of Charleston (Signed Opinion)  
Date: February 10, 2016
Docket Number: 14-0983

Justia Opinion Summary: William Gill, a firefighter with the City of Charleston, had injured his back before being hired by the City. During his employment, he again injured his back. This injury was ruled compensable and diagnosed as lumbar an...

Vanessa Buchanan v. Toyota Motor Manufacturing WV (Memorandum Decision)
Date: February 10, 2016
Docket Number: 14-1089
Eddie Jinnis v. Summit Environmental Services (Memorandum Decision)
Date: February 10, 2016
Docket Number: 14-1121
State ex rel. Am. Elec. Power v. Hon. Nibert (Signed Opinion)  
Date: February 10, 2016
Docket Number: 15-0819

Justia Opinion Summary: Plaintiffs filed the underlying action against American Electric Power Co., Inc., et al. (collectively, AEP) seeking damages for injuries that they incurred as a result of their exposure to coal combustion waste from the...

State ex rel. Khoury v. Hon. Cuomo (Signed Opinion)  
Date: February 10, 2016
Docket Number: 15-0852

Justia Opinion Summary: Nicole Scarcelli filed the underlying medical malpractice action against Dr. Rajai Khoury and Khoury Surgical Group, Inc. (collectively, Dr. Khoury) in the Circuit Court of Ohio County, West Virginia. Dr. Khoury filed a...

State ex rel. Wheeling Hosp., Inc. v. Hon. Wilson (Signed Opinion)  
Date: February 9, 2016
Docket Number: 15-0558

Justia Opinion Summary: Stephanie Mills had a thyroidectomy, performed by Dr. Ghaphery at Wheeling Hospital. Mills’s nerves surrounding her thyroid gland were severed during the thyroidectomy, resulting in bilateral vocal cord paralysis. Mills...

Timothy A. Morgan v. Hendricks Coal, LLC (Memorandum Decision)
Date: February 4, 2016
Docket Number: 14-0880
Rosco J. Taylor v. Lowe's Home Centers, Inc. (Memorandum Decision)
Date: February 4, 2016
Docket Number: 14-0881
Eric Smith v. City of South Charleston (Memorandum Decision)
Date: February 4, 2016
Docket Number: 14-1240
Rhonda Bingman v. Swift Transportation Co. (Memorandum Decision)
Date: February 4, 2016
Docket Number: 14-1269
Lois Thompson v. KLC Italian Restaurant, LLC (Memorandum Decision)
Date: February 4, 2016
Docket Number: 14-1303
Thomas Roberts v. Cobalt Coal Corp Mining (Memorandum Decision)
Date: February 4, 2016
Docket Number: 14-1305
Johnny M. Beckett v. Argus Energy, LLC (Memorandum Decision)
Date: February 4, 2016
Docket Number: 14-1309
Tina L. Ellis v. HMA, Inc. (Memorandum Decision)
Date: February 4, 2016
Docket Number: 15-0245
Rodney A. Hamby v. Genesis Rail Services, Inc. (Memorandum Decision)
Date: February 4, 2016
Docket Number: 15-0251
Terry J. Brown Sr. v. Brody Mining, LLC (Memorandum Decision)
Date: February 4, 2016
Docket Number: 15-0268
James R. Orren v. Magnum Coal Co. (Memorandum Decision)
Date: February 4, 2016
Docket Number: 15-0269
Ginger M. Hall v. W. Va. United Health System (Memorandum Decision)
Date: February 4, 2016
Docket Number: 15-0270
Carl Ramsey v. Walls Sanitation, Inc. (Memorandum Decision)
Date: February 4, 2016
Docket Number: 15-0271
Eric F. v. Sheriff's Deputy Dalrymple, et al. (Memorandum Decision)
Date: January 29, 2016
Docket Number: 14-1166
Shawn Michael R. v. Mark Williamson, Warden (Memorandum Decision)
Date: January 29, 2016
Docket Number: 15-0024
Frank Larson v. Jeff Butler (Memorandum Decision)
Date: January 29, 2016
Docket Number: 15-0256
William W. v. Karen Pszczolkowski, Warden (Memorandum Decision)
Date: January 29, 2016
Docket Number: 15-0306
Michael Ellis v. Kanawha County Public Library (Memorandum Decision)
Date: January 29, 2016
Docket Number: 15-0574
John Doe, an unknown driver v. Hasil Pak (Separate)
Date: January 28, 2016
Docket Number: 15-0013
Doe v. Pak (Signed Opinion)  
Date: January 26, 2016
Docket Number: 15-0013

Justia Opinion Summary: Respondent was injured in a car accident caused by a hit-and-run driver. Respondent filed an uninsured motorist suit against the unknown driver seeking damages. State Farm, Respondent’s uninsured motorists’ insurance car...

State ex rel. Biafore v. Tomblin (Signed Opinion)  
Date: January 22, 2016
Docket Number: 16-0013

Justia Opinion Summary: Petitioners, chair of the state Democratic Executive Committee and the members of the state Democratic Executive Committee for the Ninth Senatorial District, requested the issuance of a writ of mandamus against Responden...

William Bowen v. Kathryn Bowen (Memorandum Decision)
Date: January 11, 2016
Docket Number: 14-1283
State of West Virginia v. Nathan Manley (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0096
Dana J. Minor v. Leslie D. Jones (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0134
State of West Virginia v. Daniel C. (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0152
State of West Virginia v. Everson D. Finley (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0236
Steven H. v. David Ballard, Warden (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0259
Charles T. v. David Ballard, Warden (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0300
Paul Krolick v. Joanna (Krolick) Cook (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0312
Debra Sayre v. Mason Couty Board of Education (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0336
State of West Virginia v. Trayvon Strange (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0372
State of West Virginia v. Patrick D. (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0403
Mag. Robert E. Lowe II v. Shannon Smith (Concurring)
Date: January 11, 2016
Docket Number: 15-0594
Mag. Robert E. Lowe II v. Shannon Smith (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0594
In Re: J.B. & A.B. (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0666
In Re: E.S. (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0681
In Re: D.W. &: H.G. (Memorandum Decision)
Date: January 11, 2016
Docket Number: 15-0892
Gregory Moore v. Appalachian Stone (Dissent)
Date: January 7, 2016
Docket Number: 14-1178
Gregory Moore v. Appalachian Stone (Memorandum Decision)
Date: January 7, 2016
Docket Number: 14-1178
Randy Bohall v. Murray American Energy (Dissent)
Date: January 7, 2016
Docket Number: 14-1227
Randy Bohall v. Murray American Energy (Memorandum Decision)
Date: January 7, 2016
Docket Number: 14-1227
Enterprise Rent A Car v. Stanley Smith (Memorandum Decision)
Date: January 7, 2016
Docket Number: 15-0169
Timmy Smith v. Constellium BV (Memorandum Decision)
Date: January 7, 2016
Docket Number: 15-0170
Joshua Holland v. Manpower of West Virginia (Memorandum Decision)
Date: January 7, 2016
Docket Number: 15-0173
Timmy Smith v. Constellium BV (Memorandum Decision)
Date: January 7, 2016
Docket Number: 15-0483
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