Supreme Court of Appeals of West Virginia Decisions 2019

Aldona B. vs. Nicholas S. (Memorandum Decision)
Date: June 17, 2019
Docket Number: 17-0914
Vanessa T. vs. Shawn G. (Memorandum Decision)
Date: June 17, 2019
Docket Number: 17-1028
Gerald M. vs. Donnie Ames, Superintendent (Memorandum Decision)
Date: June 17, 2019
Docket Number: 17-1047
Tex H. vs. Donnie Ames, Superintendent (Memorandum Decision)
Date: June 17, 2019
Docket Number: 18-0016
Julie Zhu v. Brooke Shoemaker(Kline) (Memorandum Decision)
Date: June 17, 2019
Docket Number: 18-0031
William R. vs. Donnie Ames, Superintendent (Memorandum Decision)
Date: June 17, 2019
Docket Number: 18-0385
Charles E. vs. Donnie Ames, Superintendent (Memorandum Decision)
Date: June 17, 2019
Docket Number: 18-0587
In re P.J., L.J., and A.J. (Memorandum Decision)
Date: June 17, 2019
Docket Number: 19-0199
In re K.M. and J.C. (Memorandum Decision)
Date: June 17, 2019
Docket Number: 19-0208
Christopher J. v. Donnie Ames, Superintendent (Separate)
Date: June 12, 2019
Docket Number: 17-0994
In re A.R. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 18-0050
In re J.C., C.P., and E.P. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 18-1059
In re L.D. and J.D. (Memorandum Decision)
Date: June 12, 2019
Docket Numbers: 18-1064, 19-0070
In re B.C., M.E.-1 and N.E. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 18-1095
In re B.C-1, K.F., and E.F. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 18-1102
In re H.P. and G.Y. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 18-1117
In re S.F. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 18-1143
In re A.B. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 18-1147
In re M.B.-1, M.B.-2, A.P., and B.P. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0025
In re G.K. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0027
In re A.S., B.V., and A.V. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0036
State ex rel. Gallagher Bassett Services v. Honorable Carrie Webster (Signed Opinion)  
Date: June 12, 2019
Docket Number: 19-0043

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Defendant's motion to dismiss and remanded this case to the circuit court for the entry of an order dismissing Plaintiff's claims against Defendant, holdi...

In re J.W. and N.W. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0045
In re A.M. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0046
In re A.M. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0048
In re Z.N. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0063
In re S.W. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0069
In re K.R. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0074
In re D.S. and L.S. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0076
In re C.P.-1 and B.P. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0079
In re K.S. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0080
In re K.K. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0084
In re A.W. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0093
In re S.N., N.N., and S.B. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0099
In re A.O. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0119
In re A.A.-R. and L.G. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0120
In re K.S.-1 and R.S. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0136
In re D.A. III, D.A., A.A., and C.W. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0137
In re I.D. and K.D. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0138
In re I.D. and K.D. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0139
In re S.P., M.S., and E.S. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0140
In re J.J. III (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0151
In re I.A. and S.P. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0152
In re D.C. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0188
In re S.R. and A.S. (Memorandum Decision)
Date: June 12, 2019
Docket Number: 19-0189
Cantrell v. Cantrell (Signed Opinion)  
Date: June 11, 2019
Docket Number: 18-0181

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court refusing Petitioners' petition for injunctive relief and determining that an easement did not exist across certain property, holding that Petitioners failed to es...

Andrews v. Antero Resources Corp. (Signed Opinion)  
Date: June 10, 2019
Docket Number: 17-0126

Justia Opinion Summary: In this ongoing Marcellus shale litigation arising that arose from claims asserted by Plaintiffs - surface owners of several tracts of land - the Supreme Court affirmed the order of the Mass Litigation Panel (MLP) granti...

Coleman v. Binion (Signed Opinion)  
Date: June 10, 2019
Docket Number: 17-0566

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Appellant's petition for a writ of habeas corpus in which Appellant asserted ineffective assistance of counsel, holding that there were no grounds upon wh...

Christopher J. v. Ames (Signed Opinion)  
Date: June 10, 2019
Docket Number: 17-0994

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the circuit court denying Petitioner's petition for a writ of habeas corpus, holding that the circuit court erred in finding that W.Va. Code 61-11-23(b...

Smith v. Clark (Signed Opinion)  
Date: June 10, 2019
Docket Number: 17-1086

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioner's motion for a new trial and renewed motion for judgment as a matter of law, holding that the verdict in this case should be upheld. Petitione...

Coleman v. Binion (Signed Opinion)  
Date: June 7, 2019
Docket Number: 17-0566

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court denying Petitioner's petition for writ of habeas corpus asserting ineffective assistance of counsel, holding that there were no grounds upon which to find Peti...

John Bruer vs. RBM Development, LLC (Memorandum Decision)
Date: June 7, 2019
Docket Number: 17-0936
State of West Virginia v. Travis Norwood (Separate)
Date: June 7, 2019
Docket Number: 17-0978
Hanover Resources, LLC v. LML Properties, LLC (Signed Opinion)  
Date: June 7, 2019
Docket Number: 17-1089

Justia Opinion Summary: The Supreme Court affirmed the circuit court's order granting summary judgment to LML Properties, LLC on Hanover Resources, LLC's complaint alleging breach of contract against LML for enforcement of $4.7 million in mecha...

Lawyer Disciplinary Board v. George N. Sidiropolis (Separate)
Date: June 7, 2019
Docket Number: 17-1134
D.B. vs. S.L., et al. (Memorandum Decision)
Date: June 7, 2019
Docket Number: 18-0176
In re R.V. (Memorandum Decision)
Date: June 7, 2019
Docket Number: 18-0300
Talon S. Riley vs. Alliance Coal, LLC (Memorandum Decision)
Date: June 7, 2019
Docket Number: 18-0586
Thorton v. Ward (Signed Opinion)  
Date: June 6, 2019
Docket Number: 18-0145

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court reversing the order of the Executive Director of the Governor's Committee on Crime, Delinquency, and Corrections (Petitioner) decertifying Respondent as a law enf...

State of West Virginia v. Daniel Beck (Separate)
Date: June 6, 2019
Docket Number: 18-0936
State v. Beck (Signed Opinion)  
Date: June 6, 2019
Docket Number: 18-0936

Justia Opinion Summary: The Supreme Court answered a question certified to it by the circuit court after reformulating the question, holding that a jury may consider images of a minor engaged in sexually explicit conduct contained in the tempor...

EQT Production Co. v. Crowder (Signed Opinion)  
Date: June 5, 2019
Docket Number: 17-0968

Justia Opinion Summary: The Supreme Court affirmed the circuit court's order granting partial summary judgment, finding that Defendant trespassed on Plaintiffs' surface lands to the extent it was drilling for and removing minerals from neighbor...

Steager v. Consol Energy, Inc. (Signed Opinion)  
Date: June 5, 2019
Docket Numbers: 18-0121, 18-0122, 18-0123, 18-0124, 18-0125, 18-0227, 18-0228

Justia Opinion Summary: In these consolidated appeals from the business court's orders reversing various Boards of Assessment Appeals and rejecting the West Virginia State Tax Department's valuation of Respondents' gas wells for ad valorem tax...

Harrell v. Cain (Signed Opinion)  
Date: June 5, 2019
Docket Number: 18-0214

Justia Opinion Summary: The Supreme Court affirmed the declaratory judgment order entered by the circuit court interpreting a 1977 quitclaim deed whereby the grantor gave the grantee a parcel of land and entering judgment in favor of the grante...

In re A.N., D.N., S.N., and B.N. (Memorandum Decision)
Date: June 5, 2019
Docket Number: 18-0351
Michael v. Consolidation Coal Co. (Signed Opinion)  
Date: June 5, 2019
Docket Number: 18-0725

Justia Opinion Summary: In this case involving the deaths of seventy-eight minors in 1968 the Supreme Court answered questions of law certified to it by the United States Court of Appeals for the Fourth Circuit by concluding that the law in eff...

State ex rel. West Virginia University Hospitals, Inc. v. Honorable Phillip D. Gaujot (Signed Opinion)  
Date: June 5, 2019
Docket Number: 18-0841

Justia Opinion Summary: The Supreme Court vacated the order of the circuit court denying two hospitals' motion to decertify the class after the court initially certified a class action against the hospitals, holding that the circuit court excee...

Jane Doe v. Logan County Board of Education (Separate)
Date: June 4, 2019
Docket Number: 18-0086
Doe v. Logan County Board of Education (Signed Opinion)  
Date: June 4, 2019
Docket Number: 18-0086

Justia Opinion Summary: The Supreme Court reversed the portion of a circuit court order dismissing two counts in Jane Doe's complaint that asserted the Logan County Board of Education and its employees were negligent but affirmed the dismissal...

Lawyer Disciplinary Board v. Jennifer M. Wolfe (Signed Opinion)
Date: June 3, 2019
Docket Number: 17-0906
W. Va. Division of Natural Resources v. Dawson (Signed Opinion)  
Date: June 3, 2019
Docket Number: 18-0026

Justia Opinion Summary: In this tort action, the Supreme Court affirmed in part and reversed in part the circuit court's order denying Petitioners' motion for summary judgment on the ground of qualified immunity, holding that Respondent failed...

State ex rel. Vanderra Resources, LLC v. Honorable David W. Hummel (Signed Opinion)  
Date: June 3, 2019
Docket Number: 18-1072

Justia Opinion Summary: The Supreme Court denied the request for extraordinary relief sought by Vanderra Resources, LLC asserting that the circuit court's denial of Vanderra's motion for summary judgment on Chesapeake Appalachia, LLC's claims a...

In the Matter of: Carrie E. Wilfong (Memorandum Decision)
Date: June 3, 2019
Docket Number: 19-0170
Charles Yeager vs. Sandra Cox (Memorandum Decision)
Date: May 31, 2019
Docket Number: 17-0509
Fernando M. Smith vs. Thomas Reel (Memorandum Decision)
Date: May 31, 2019
Docket Number: 17-0706
Judy Kay Miskell vs. Jerry Moore (Memorandum Decision)
Date: May 31, 2019
Docket Number: 17-0836
In re J.C. (Signed Opinion)  
Date: May 31, 2019
Docket Number: 18-0355

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court that terminated Mother's parental rights to her infant son, J.C., holding that the circuit court did not have subject matter jurisdiction to terminate Mother's pa...

State of West Virginia V. Travis Norwood (Separate)
Date: May 30, 2019
Docket Number: 17-0978
State v. Norwood (Signed Opinion)  
Date: May 30, 2019
Docket Number: 17-0978

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for one count of delivery of a controlled substance, holding that there was no error in the proceedings below. After Defendant was convicted, a trial was co...

State of West Virginia vs. Thomas Kelsor (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-0138
State of West Virginia vs. Ryan L. Henson (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-0336
In re R.H. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-0787
In re C.P. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-0857
In re I.K. AND E.K. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-0889
In re P.P. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1049
In re P.P. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1050
In re M.R. and J.R. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1065
In re K.S. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1090
In re I.T. and H.S. (Memorandum Decision)
Date: May 24, 2019
Docket Numbers: 18-1092, 18-1118
In re H.S. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1093
In re I.H., J.H., K.H., and A.S. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1094
In re K.C., G.C., and K.P. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1111
In re C.G.-1, T.R., E.L., and C.G.-2 (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1115
In re A.H. and A.G.-1 (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1144
In re A.P. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1145
In re J.J. and A.F. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 18-1146
In re D.S. and L.S. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 19-0028
In re C.P. and B.P. (Memorandum Decision)
Date: May 24, 2019
Docket Number: 19-0047
John W. vs. Rechelle H. (Memorandum Decision)
Date: May 20, 2019
Docket Number: 18-0329
State v. J.C. (Signed Opinion)  
Date: May 17, 2019
Docket Number: 17-0713

Justia Opinion Summary: In this appeal from the judgment of the circuit court placing a juvenile accused of delinquency but found not competent to proceed in a mental health facility for a period of thirty-five years under a competency statute...

Certegy Check Services v. Fuller (Signed Opinion)  
Date: May 17, 2019
Docket Number: 17-0972

Justia Opinion Summary: The Supreme Court vacated the order of the circuit court denying a motion to compel arbitration, holding that the court's order did not contain sufficient findings of fact and conclusions of law for the Supreme Court to...

Christopher H. v. Martin (Signed Opinion)  
Date: May 17, 2019
Docket Number: 17-1001

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioner's petition for writ of habeas corpus, holding that the circuit court did not err in finding that Petitioner was not denied due process or effec...

In re: N.H., C.H., and B.H. (Signed Opinion)
Date: May 17, 2019
Docket Number: 18-0845
In Re: E.Y., D.L., and D.L. (Separate)
Date: May 1, 2019
Docket Number: 17-0971
Rent-A-Center Inc., et al. vs. Anita Ellis (Separate)
Date: April 30, 2019
Docket Number: 17-0644
Rent-A-Center Inc. v. Ellis (Signed Opinion)  
Date: April 30, 2019
Docket Number: 17-0644

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court finding a delegation clause in an arbitration agreement unconscionable and refusing to enforce the arbitration agreement, holding that the delegation clause wa...

Burner v. Martinsburg Police Civil Service Commission (Signed Opinion)  
Date: April 30, 2019
Docket Number: 17-0971

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Petitioners' appeal and petition for writ of mandamus and affirming the order issued by the Martinsburg Police Civil Service Commission, holding that the...

Murray Energy Corp. v. Steager (Signed Opinion)  
Date: April 29, 2019
Docket Number: 18-0018

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court affirming the determination of the Board of Equalization and Review that Petitioners Murray Energy Corporation and Consolidation Coal Company's coal interests wer...

Montgomery v. Ballard (Signed Opinion)  
Date: April 26, 2019
Docket Number: 16-0915

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Petitioner's second amended motion for writ of habeas corpus, holding that the circuit court did not err. Petitioner pled guilty by information to fir...

Joe O'Neal v. WVOIC/Twin State Mining, Inc. (Memorandum Decision)
Date: April 25, 2019
Docket Number: 18-0543
Jamie Green v. WVOIC / Kings #1 Rentals, LLC (Memorandum Decision)
Date: April 25, 2019
Docket Number: 18-0563
Robert W. Smith v. WVOIC / WVU, Respondents (Memorandum Decision)
Date: April 25, 2019
Docket Number: 18-0601
Arcelormittal USA v. WVOIC/ Dudley Prentice (Memorandum Decision)
Date: April 25, 2019
Docket Number: 18-0723
Roger Buckland v. WVOIC/ City of Charleston (Memorandum Decision)
Date: April 25, 2019
Docket Number: 18-0726
United Parcel Service v. WVOIC/ Jay Hannah (Memorandum Decision)
Date: April 25, 2019
Docket Number: 18-0736
Sierra Club v. Public Service Commission of West Virginia (Signed Opinion)  
Date: April 22, 2019
Docket Number: 18-0863

Justia Opinion Summary: The Supreme Court affirmed two orders of the Public Service Commission (PSC) interpreting and applying regulations it adopted to give effect to the federal Public Utility Regulatory Policies Act (PURPA), 16 U.S.C. 2601 e...

Ronald Davis vs. Donnie Ames, Superintendent (Memorandum Decision)
Date: April 19, 2019
Docket Number: 17-0261
State of West Virginia vs. Vincent Portman (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0066
Tony Bethea vs. Donnie Ames, Superintendent (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0203
State of West Virginia vs. Travis W. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0205
In re D.J. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0741
In re H.G. and K.G. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0743
In re K.D. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0828
In re L.J.-1 and L.J.-2 (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0856
In re S.P.-W (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0884
In re K.W. and W.O. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0913
In re A.L. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0961
In re J.S.-1, C.S., D.S., and J.S.-2 (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0974
In re B.B. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0994
In re N.Z. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-0995
In re B.S. and D.S. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-1006
In re K.C. and A.C. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-1008
In re C.R. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-1011
In re A.L. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-1052
In re B.H. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-1058
In re A.C. (Memorandum Decision)
Date: April 19, 2019
Docket Number: 18-1063
David J. Weller II vs. Thomas Carr et al. (Memorandum Decision)
Date: April 15, 2019
Docket Number: 17-1043
Mervin Roderick II vs. Marlyn Keesecker (Memorandum Decision)
Date: April 15, 2019
Docket Number: 18-0344
State of WV v. Mark Halburn (Memorandum Decision)
Date: April 15, 2019
Docket Number: 18-0544
Estate of Fussell v. Fussell (Signed Opinion)  
Date: April 12, 2019
Docket Number: 18-0210

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court that affirmed an order of the Randolph County Commission affirming the findings of its special fiduciary commissioner as to Joann Fussell's claims against the Est...

West Virginia Department of Transportation, Division of Highways v. Echols (Signed Opinion)  
Date: April 12, 2019
Docket Number: 18-0226

Justia Opinion Summary: In this matter arising from a condemnation proceeding initiated by the West Virginia Department of Transportation, Division of Highways, the Supreme Court accepted questions certified by the circuit court and answered, a...

In re A.P.-1, A.P.-2, A.P.-3 (Separate)
Date: April 12, 2019
Docket Number: 18-0448
In re T.S. (Signed Opinion)  
Date: April 11, 2019
Docket Number: 18-0708

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court determining disposition of Petitioner's child without first allowing him a meaningful opportunity to be heard at the dispositional hearing, which resulted in t...

State of West Virginia v. Marcus Stephen Sanders (Separate)
Date: April 9, 2019
Docket Number: 17-0401
State v. Sanders (Signed Opinion)  
Date: April 9, 2019
Docket Number: 17-0401

Justia Opinion Summary: The Supreme Court reversed Petitioner's conviction for attempted first-degree murder under a felony-murder theory ("attempted felony-murder"), holding that there is no cognizable crime of attempted felony-murder in West...

In re K.L. (Signed Opinion)  
Date: April 4, 2019
Docket Number: 18-0500

Justia Opinion Summary: The Supreme Court reversed the "order of permanent placement" entered by the circuit court awarding custody of two children to Uncle and Aunt, holding that the circuit court erred in concluding that, as a matter of law,...

State of West Virginia v. Joe Roger Lane (Separate)
Date: April 3, 2019
Docket Number: 17-1066
State v. Lane (Signed Opinion)  
Date: April 3, 2019
Docket Number: 17-1066

Justia Opinion Summary: The Supreme Court affirmed Petitioner's felony conviction for two counts of delivery of a controlled substance but reversed the circuit court's order sentencing him to life in prison with mercy in accordance with the rec...

David Lamm. vs. Patricia Lamm (Memorandum Decision)
Date: March 29, 2019
Docket Number: 17-1075
Amoruso v. Commerce & Industry Insurance Co. (Signed Opinion)  
Date: March 27, 2019
Docket Number: 17-1106

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court denying Petitioner's motion to set aside a default judgment entered against him, holding that the circuit court did not abuse its discretion in denying Petitio...

State v. Honorable Debra Ditto (Signed Opinion)  
Date: March 26, 2019
Docket Number: 17-0992

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting relief to the State in a writ of prohibition proceeding, holding that the circuit court applied the correct statute in order to grant relief to the State...

McCourt v. Delgado (Signed Opinion)  
Date: March 25, 2019
Docket Numbers: 17-0327, 17-0328

Justia Opinion Summary: In this excessive force action brought under 42 U.S.C. 1983, the Supreme Court affirmed the decision of the circuit court denying summary judgment in favor of Petitioners, correctional officers and the warden at Mount Ol...

WVDHHR vs. Virginia Prince et al. (Separate)
Date: March 21, 2019
Docket Number: 17-1088
West Virginia Department of Health & Human Resources v. V.P. (Signed Opinion)  
Date: March 21, 2019
Docket Number: 17-1088

Justia Opinion Summary: In this negligence case, the Supreme Court reversed the order of the circuit court denying the motion to dismiss filed by the West Virginia Department of Health and Human Resources petitioners (DHHR Petitioners), holding...

Nicole L. v. Steven W. (Signed Opinion)  
Date: March 21, 2019
Docket Number: 18-0025

Justia Opinion Summary: The Supreme Court reversed the circuit court's order that affirmed a family court order denying the petition for modification filed by Mother seeking to relocate with her children to Kentucky, holding that the lower cour...

Bruce McDonald Holding Co. v. Addington Inc. (Signed Opinion)  
Date: March 20, 2019
Docket Number: 17-0847

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment against Petitioners in their action against Respondents based upon a coal lease agreement between the parties and granting summary ju...

Penn Virginia Operating Co., LLC v. Honorable Phyllis K. Yokum (Signed Opinion)  
Date: March 19, 2019
Docket Number: 18-0019

Justia Opinion Summary: The Supreme Court reversed a consolidated order of the Circuit Courts of Randolph, Barbour and Upshur Counties pursuant to which the Tax Commissioner’s determination was upheld that Penn Virginia Operating Company’s (Pen...

In re B.S. (Signed Opinion)  
Date: March 19, 2019
Docket Number: 18-0399

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order terminating Mother’s custodial rights but leaving intact her parental rights, holding that the circuit court’s account of the evidence was plausible in light of the re...

State of West Virginia vs. Clairesse Felipe (Memorandum Decision)
Date: March 18, 2019
Docket Number: 17-0636
Ben Goldstein et al. vs. Peacemaker Properties, LLC (Separate)
Date: March 18, 2019
Docket Number: 17-0796
Darrick Cox vs. Town of Belle (Memorandum Decision)
Date: March 18, 2019
Docket Number: 18-0330
Lawyer Disciplinary Board v. Ronald D. Hassan (Signed Opinion)
Date: March 15, 2019
Docket Number: 16-1210
Goldstein v. Peacemaker Properties, LLC (Signed Opinion)  
Date: March 15, 2019
Docket Number: 17-0796

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court’s order granting summary judgment to Respondents in this nuisance action against a shooting range, holding that because Petitioners’ plea for mone...

Jeremiah Goodwin vs. City of Shepherdstown et al. (Separate)
Date: March 15, 2019
Docket Numbers: 17-0907, 18-0291
Goodwin v. City of Shepherdstown (Signed Opinion)  
Date: March 15, 2019
Docket Numbers: 17-0907, 18-0291

Justia Opinion Summary: The Supreme Court affirmed two orders of the circuit court dismissing Plaintiff’s complaint against the City of Shepherdstown and Shepherdstown University for malicious prosecution and intentional infliction of emotional...

Dailey v. RJM Holdings, LLC (Signed Opinion)  
Date: March 15, 2019
Docket Number: 18-0040

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court certifying as final the prior orders that granted summary judgment to Respondents in this civil action arising out of the modification of covenants pertaining to...

State of West Virginia vs. Robert M. Lee (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0045
In re N.S., E.S. and A.J. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0085
City of Martinsburg v. Berkeley County Council (Signed Opinion)  
Date: March 15, 2019
Docket Number: 18-0182

Justia Opinion Summary: The Supreme Court vacated the order of the circuit court granting declaratory relief in favor Berkeley County on the County’s suit against the City of Martinsburg seeking a ruling that real property owned by the County b...

State of West Virginia vs. Codey Dale Foster (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0247
In re H.G. and K.G. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0773
In re M.B., J.B. and A.R. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0819
In re J.W.-1 (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0872
In re E.A. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0883
In re G.A., R.A.-1 and L.A. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0899
In re H.M. and P.M. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0901
In re E.W. and M.W. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0910
In re L.S., C.S.-1 and C.S.-2 (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0911
In re A.F. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0915
In re B.S. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0916
In re B.C., E.C. and G.C. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0933
In re R.A.-1, L.A. and M.C. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0943
In re S.K. III (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0955
In re S.J., C.B., S.B., A.B., D.B., D.B. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0975
In re A.P.-1 (Signed Opinion)  
Date: March 14, 2019
Docket Number: 18-0448

Justia Opinion Summary: The Supreme Court vacated the circuit court’s order terminating Petitioner’s parental rights to his three minor children despite concluding three months earlier that Petitioner had not abused or neglected them, holding t...

Rodney L. Newbrough vs. Gregory A. Newbrough (Memorandum Decision)
Date: March 11, 2019
Docket Number: 18-0085
State of West Virginia vs. Lamont D. (Memorandum Decision)
Date: March 11, 2019
Docket Number: 18-0204
Darrick Cox vs. Town of Belle (Memorandum Decision)
Date: March 11, 2019
Docket Number: 18-0330
State ex rel. Lewis v. Honorable Kurt W. Hall (Signed Opinion)  
Date: March 8, 2019
Docket Number: 18-0337

Justia Opinion Summary: The Supreme Court denied the writ of prohibition sought by Petitioner to have the Supreme Court disqualify the Honorable Kurt W. Hall, Judge of the Circuit Court of Upshur County, from presiding over his criminal trial,...

State ex rel. Universal Underwriters Insurance Co. v. Honorable Patrick Wilson (Signed Opinion)  
Date: March 8, 2019
Docket Number: 18-0509

Justia Opinion Summary: The Supreme Court granted this petition for a writ of prohibition brought by insurers (collectively, Petitioners) seeking to have the Court prohibit enforcement of a ruling by the circuit court that denied Petitioners’ m...

Reed v. Winesburg (Signed Opinion)  
Date: March 6, 2019
Docket Number: 17-0834

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court reversing the order of the Office of Administrative Hearings (OAH) affirming the revocation of Respondent’s driver’s license for driving under the influence of al...

In re A.N. (Signed Opinion)  
Date: March 4, 2019
Docket Number: 18-0446

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court terminating Father’s parental rights to his daughter, A.N., when he was otherwise deemed a fit parent suitable to care for his son, C.N., holding that there wa...

Woods v. Jefferds Corp. (Signed Opinion)  
Date: February 28, 2019
Docket Number: 17-0970

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Defendant in this disability discrimination action brought by Plaintiff alleging that Defendant refused to hire him because...

Lawyer Disciplinary Board v. Kourtney A. Ryan (Signed Opinion)
Date: February 27, 2019
Docket Number: 17-0007
State ex rel. W.Va. Department of Transportation, Division of Highways v. Honorable Susan B. Tucker (Signed Opinion)  
Date: February 27, 2019
Docket Number: 18-1012

Justia Opinion Summary: In this condemnation proceeding, the Supreme Court granted the writ of prohibition sought by the West Virginia Department of Transportation, Division of Highways (DOH), holding that the circuit court exceeded its legitim...

Larry C. vs. Donnie Ames, Superintendent (Memorandum Decision)
Date: February 22, 2019
Docket Number: 16-0946
Scotty E. Boothe v. Ralph Terry, Acting Warden (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-0343
Brandon Sherrod v. Donnie Ames, Superintendent (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-0726
State of West Virginia vs. Adam Barnhart (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-0729
In Re: The Estate of J. Herman Isner (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-0941
Joseph E. Howard v. Ralph Terry, Warden (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-1102
CCC, Inc. vs J Class Collision, LLC (Memorandum Decision)
Date: February 15, 2019
Docket Number: 17-0660
Presnell v. Presnell (Signed Opinion)  
Date: February 15, 2019
Docket Number: 17-0857

Justia Opinion Summary: In this dispute over the property division in a will, the Supreme Court granted the writ of prohibition sought by Petitioner seeking relief from the circuit court’s grant of Respondents’ motion to sell certain property,...

Saundra J. vs. Robert S. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 17-1145
Vernon M. vs. Jan M. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0041
State of West Virginia vs. Sherman B. Williams (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0095
Gladys J. vs. Ronnie J. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0146
In re K.S. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0596
In re J.S. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0718
In re A.E., L.E., Z.E., and D.P. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0721
In re A.E., L.E., Z.E., and D.P. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0722
In re G.H. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0795
In re S.P. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0800
In re D.H. and H.H. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0829
In re L.A. and K.A. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0830
In re C.C.-1, K.C., M.C., D.C., and C.C.-2 (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0843
In re L.T.-1 and L.T.-2 (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0877
In re L.L. and H.L. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0900
In re A.L. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0938
William Douglas Brown et al. vs. Smith McCausland (Memorandum Decision)
Date: February 11, 2019
Docket Number: 18-0110
Tracie Wilson vs. Tonya Parker et al. (Memorandum Decision)
Date: February 11, 2019
Docket Number: 18-0156
In Re: Mark W. McFall (Memorandum Decision)
Date: February 11, 2019
Docket Number: 18-0433
State v. Sites (Signed Opinion)  
Date: February 7, 2019
Docket Number: 16-0437

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court sentencing Petitioner for his convictions of first-degree murder, holding a hostage to file, and two counts of possession of a controlled substance with intent to...

In re K.C. (Memorandum Decision)
Date: February 7, 2019
Docket Number: 18-0242
Selwyn Vanderpool, et al. v CPL B.M. Hunt and Greenbrier County Sheriff Department (Signed Opinion)
Date: January 31, 2019
Docket Number: 17-0436
In re R.S. (Memorandum Decision)
Date: January 31, 2019
Docket Number: 18-0562
Jason M. Payne v. Donnie Ames, Superintendent (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-0730
State of West Virginia v. Iran G. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-0780
State of West Virginia v. Robert Blake (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-0920
State of West Virginia v. Justin E. Hobday (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-1036
Ronald S. v. Donnie Ames, Superintendent (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-1099
State of West Virginia v. Edward H. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-1116
State of West Virginia v. Megan J. Stewart (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0006
In re K.S. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0059
Teddy Atkins II v. Angela Atkins (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0084
In re J.M. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0604
In re T.H. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0719
In re S.S. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0733
In re N.L. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0745
In re J.B. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0774
In re L.C. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0777
In re N.B., I.L., C.C.-1, and C.C.-2 (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0792
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