Supreme Court of Appeals of West Virginia Decisions 2023
Opinions 1 - 500 of 528
Date: November 17, 2023
Docket Number: 22-0228
Date: November 17, 2023
Docket Number: 22-0290
Date: November 17, 2023
Docket Number: 22-0421
Date: November 17, 2023
Docket Number: 22-553
Date: November 17, 2023
Docket Number: 22-583
Date: November 17, 2023
Docket Number: 22-615
Date: November 17, 2023
Docket Number: 22-948
Date: November 17, 2023
Docket Number: 23-213
Date: November 13, 2023
Docket Number: 20-0040
Date: November 9, 2023
Docket Number: 20-0040
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court dismissing Petitioner's claim alleging that Respondents Frontier West Virginia, Inc. and its supervisory employees wrongfully discharged him after he reported…
Date: November 9, 2023
Docket Number: 21-0943
Justia Opinion Summary: The Supreme Court vacated the sentencing order of the circuit court and remanded this case with instructions to dismiss Petitioner's conviction for malicious assault and resentence him on the remaining charges, holding…
Date: November 9, 2023
Docket Number: 22-0211
Justia Opinion Summary: Ward, charged with felony possession of a firearm by a prohibited person, moved to suppress evidence under the Fourth Amendment. He alleged that Raleigh County Sheriff’s Officers arrived at his mother’s residence,…
Date: November 9, 2023
Docket Number: 22-0211
Date: November 9, 2023
Docket Number: 22-0219
Justia Opinion Summary: Hagerman used a shotgun to kill his former brother-in-law, while drinking with friends at Hagerman’s home. Charged with first-degree murder, he argued self-defense. After his conviction for second-degree murder, a…
Date: November 9, 2023
Docket Number: 22-0219
Date: November 9, 2023
Docket Numbers: 22-0478, 22-602
Justia Opinion Summary: The Supreme Court vacated the order of the circuit court terminating the parental rights of Father and Mother two their two minor children, holding that numerous procedural errors substantially affected the integrity of…
Date: November 9, 2023
Docket Numbers: 22-678, 22-680
Date: November 9, 2023
Docket Numbers: 22-779, 22-781
Justia Opinion Summary: Bailey, an RN employed by MMBH, West Virginia Department of Health and Human Resources (DHHR) psychiatric facility, alleges that he intervened when M.C., a patient with a known history of self-harm, attempted to harm…
Date: November 8, 2023
Docket Number: 21-0590
Date: November 8, 2023
Docket Number: 21-0754
Justia Opinion Summary: The Supreme Court affirmed the judgment of the West Virginia Workers' Compensation Board of Review affirming an ALJ's denial of Robert Hood's application for workers' compensation benefits, holding that there was no…
Date: November 8, 2023
Docket Number: 21-0853
Date: November 8, 2023
Docket Number: 22-0023
Date: November 8, 2023
Docket Number: 22-0111
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court in this case alleging malicious prosecution, civil conspiracy, and abuse of process claims against certain officials involved in Petitioner's prosecution for…
Date: November 8, 2023
Docket Number: 22-0158
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Respondents in this medical negligence suit brought pursuant to the West Virginia Medical Professional Liability Act,…
Date: November 8, 2023
Docket Number: 22-0185
Date: November 8, 2023
Docket Number: 22-0185
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the circuit court finding that the City of Morgantown had incorrectly calculated compensation for Petitioners, fifty-four current and former…
Date: November 8, 2023
Docket Number: 22-0202
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court granting Respondents' motion to dismiss the underlying complaint on the ground that it had not been timely filed and ruling that…
Date: November 8, 2023
Docket Number: 22-0202
Date: November 8, 2023
Docket Number: 22-0214
Date: November 8, 2023
Docket Number: 22-0234
Date: November 8, 2023
Docket Number: 22-0234
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court affirming the decision of the West Virginia Public Employees Grievance Board granting the grievance brought by Respondent, a school bus driver, reinstating her to…
Date: November 8, 2023
Docket Number: 22-0239
Justia Opinion Summary: The Supreme Court affirmed Petitioner's conviction of sexual assault in the first degree following a jury trial, holding that Petitioner was not entitled to relief on his allegations of error. Specifically, the Supreme…
Date: November 8, 2023
Docket Number: 22-0292
Date: November 8, 2023
Docket Number: 22-0292
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of Respondents, the owners of electrical and communication lines that electrocuted Eugene Boyce (Petitioner), in this…
Date: November 8, 2023
Docket Number: 22-567
Justia Opinion Summary: The Supreme Court answered in the affirmative a certified question brought to it by the circuit court, concluding that a healthcare provider who was named in a complaint but voluntarily dismissed as a party is an…
Date: November 8, 2023
Docket Number: 22-567
Date: November 8, 2023
Docket Number: 22-623
Justia Opinion Summary: The Supreme Court vacated the dispositional orders of the circuit court terminating Father's parental rights to his four children, holding that the circuit court erroneously failed to follow the process established by…
Date: November 8, 2023
Docket Number: 22-698
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court adjudicating Petitioner as a neglectful parent because of his failure to provide for B.P.'s basic needs due to Petitioner's absence from her life as a result of…
Date: November 8, 2023
Docket Numbers: 22-733, 22-734
Justia Opinion Summary: In these consolidated abuse and neglect appeals the Supreme Court dismissed for lack of jurisdiction Mother's appeal and affirmed the judgment of the circuit court terminating Father's parental rights to baby N.W.,…
Date: November 8, 2023
Docket Number: 22-848
Justia Opinion Summary: The Supreme Court concluded that under the continuous-trigger theory, when an insurance claim is made by alleging a progressive injury caused by chemical exposure or other analogous toxic, injurious substance, damages…
Date: November 8, 2023
Docket Number: 22-848
Date: November 7, 2023
Docket Number: 21-0972
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court dismissing Petitioner's appeal from his plea of no contest to obstructing an officer on the basis that Petitioner's no-contest plea in magistrate court resolved…
Date: November 7, 2023
Docket Number: 22-0010
Justia Opinion Summary: In the underlying case asserting claims of accounting malpractice the Supreme Court affirmed the judgment of the circuit court denying Petitioners' Rule 59(e) motion to amend or alter the court's order granting partial…
Date: November 7, 2023
Docket Number: 22-0197
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court finding that Petitioner violated the conditions of his supervised release and revoking his supervised release and sentencing him to a two-year term in prison,…
Date: November 6, 2023
Docket Number: 21-0831
Justia Opinion Summary: The Supreme Court reversed the final order of the circuit court reversing a decision of the West Virginia Public Employees Grievance Board and finding that Respondents, educational sign language interpreters who worked…
Date: November 6, 2023
Docket Number: 22-0210
Date: November 6, 2023
Docket Number: 22-0223
Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court reversing the final order of the Office of Administrative Hearings (OAH) upholding Respondent's administrative driver's license revocation for a period of five…
Date: November 6, 2023
Docket Number: 22-0341
Date: November 3, 2023
Docket Number: 21-0424
Date: November 3, 2023
Docket Number: 21-0766
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying the petition brought by Petitioners, Mother and Stepfather, to allow Stepfather to adopt R.L., a minor child, holding that W. Va. Code 48-22-306(a) does…
Date: November 3, 2023
Docket Number: 22-0214
Date: November 1, 2023
Docket Numbers: 21-0969, 22-0278
Justia Opinion Summary: The Supreme Court affirmed the amended sentencing order and the denial of Petitioner's motion for a judgment of acquittal, holding that there was no error in Petitioner's convictions or sentences. Petitioner was…
Date: October 30, 2023
Docket Number: 21-0904
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court sentencing Petitioner to ten to twenty-five years' imprisonment after he pleaded guilty to second-degree sexual assault, holding that the circuit court's…
Date: October 26, 2023
Docket Number: 21-0902
Justia Opinion Summary: The Supreme Court affirmed the orders entered by the circuit court granting summary judgment to Defendants in the underlying action brought after investigators identified unsafe, non-sterile injection techniques, holding…
Date: October 26, 2023
Docket Number: 22-0036
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court declaring Respondent as the owner in fee of all of the property and appurtenances of the property in dispute in this case, holding that the circuit court did…
Date: October 23, 2023
Docket Number: 22-0120
Date: October 20, 2023
Docket Number: 23-53
Date: October 19, 2023
Docket Number: 21-0918
Date: October 19, 2023
Docket Number: 22-0063
Date: October 19, 2023
Docket Number: 22-0073
Date: October 19, 2023
Docket Number: 22-0115
Date: October 19, 2023
Docket Number: 22-0133
Date: October 19, 2023
Docket Number: 22-0165
Date: October 19, 2023
Docket Number: 22-0186
Date: October 19, 2023
Docket Number: 22-0248
Date: October 19, 2023
Docket Number: 22-0282
Date: October 19, 2023
Docket Number: 22-0303
Date: October 18, 2023
Docket Number: 21-0836
Date: October 18, 2023
Docket Number: 21-1039
Date: October 18, 2023
Docket Number: 22-0123
Date: October 18, 2023
Docket Number: 22-0150
Date: October 18, 2023
Docket Number: 22-0159
Date: October 18, 2023
Docket Number: 22-0327
Date: October 18, 2023
Docket Number: 22-0355
Date: October 18, 2023
Docket Number: 22-0367
Date: October 18, 2023
Docket Number: 22-0369
Date: October 18, 2023
Docket Number: 22-0441
Date: October 18, 2023
Docket Number: 22-0465
Date: October 18, 2023
Docket Number: 22-0473
Date: October 18, 2023
Docket Number: 22-0496
Date: October 18, 2023
Docket Number: 22-566
Date: October 18, 2023
Docket Number: 22-608
Date: October 16, 2023
Docket Number: 22-0023
Justia Opinion Summary: The Supreme Court vacated Defendant's conviction of attempt to possess pseudoephedrine in an altered state and remanded this case for further proceedings, holding that the circuit court plainly erred by finding a factual…
Date: October 16, 2023
Docket Number: 22-0109
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Petitioner's requested writ of mandamus against Respondent, the Commissioner of the West Virginia Division of Corrections and Rehabilitation, holding that…
Date: October 13, 2023
Docket Number: 21-0897
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court affirming the judgment of the family court awarding Jennifer W. $10,000 of spousal support, payable over twelve months, holding that the family court's award of…
Date: September 29, 2023
Docket Number: 22-0028
Justia Opinion Summary: The Supreme Court dismissed this appeal of the circuit court's orders, the latter of which denied Appellants' motion for summary judgment, in this action alleging that Petitioners acted negligently in their handling of…
Date: September 20, 2023
Docket Number: 22-692
Date: September 20, 2023
Docket Number: 22-699
Date: September 20, 2023
Docket Number: 22-855
Date: September 19, 2023
Docket Number: 21-0630
Date: September 19, 2023
Docket Number: 21-0949
Date: September 19, 2023
Docket Number: 21-0968
Date: September 15, 2023
Docket Number: 21-0678
Date: September 15, 2023
Docket Number: 21-0768
Date: September 15, 2023
Docket Number: 21-0966
Date: September 15, 2023
Docket Number: 21-0997
Date: September 15, 2023
Docket Number: 21-1028
Date: September 15, 2023
Docket Number: 22-0015
Date: September 15, 2023
Docket Number: 22-0017
Date: September 15, 2023
Docket Number: 22-0022
Date: September 15, 2023
Docket Number: 22-0034
Date: September 15, 2023
Docket Number: 22-0072
Date: September 15, 2023
Docket Number: 22-0079
Date: September 15, 2023
Docket Number: 22-0104
Date: September 15, 2023
Docket Number: 22-0113
Date: September 15, 2023
Docket Number: 22-0147
Date: September 15, 2023
Docket Number: 22-0153
Date: September 15, 2023
Docket Number: 22-0160
Date: September 15, 2023
Docket Number: 22-0161
Date: September 15, 2023
Docket Number: 22-0183
Date: September 15, 2023
Docket Number: 22-0253
Date: September 15, 2023
Docket Number: 22-0267
Date: September 15, 2023
Docket Number: 22-0287
Date: September 15, 2023
Docket Number: 22-0291
Date: September 15, 2023
Docket Number: 22-0363
Date: September 15, 2023
Docket Number: 22-0382
Date: September 15, 2023
Docket Number: 22-0472
Date: September 15, 2023
Docket Number: 22-0501
Date: September 14, 2023
Docket Number: 21-0734
Date: September 14, 2023
Docket Number: 21-0744
Date: September 14, 2023
Docket Number: 21-0747
Date: September 14, 2023
Docket Number: 21-0824
Date: September 14, 2023
Docket Number: 21-0833
Date: September 14, 2023
Docket Number: 21-0854
Date: September 14, 2023
Docket Number: 21-0855
Date: September 14, 2023
Docket Number: 21-0868
Date: September 14, 2023
Docket Number: 21-0919
Date: September 14, 2023
Docket Number: 21-0928
Date: September 14, 2023
Docket Number: 21-0929
Date: September 14, 2023
Docket Number: 21-0930
Date: September 14, 2023
Docket Number: 21-0933
Date: September 14, 2023
Docket Number: 21-0936
Date: September 14, 2023
Docket Number: 21-0939
Date: September 14, 2023
Docket Number: 21-0941
Date: September 14, 2023
Docket Number: 21-0942
Date: September 14, 2023
Docket Number: 21-0947
Date: September 14, 2023
Docket Number: 21-0948
Date: September 14, 2023
Docket Number: 21-0979
Date: September 14, 2023
Docket Number: 21-0988
Date: September 14, 2023
Docket Number: 21-0996
Date: September 14, 2023
Docket Number: 21-1005
Date: September 14, 2023
Docket Number: 21-1006
Date: September 14, 2023
Docket Number: 21-1013
Date: September 14, 2023
Docket Number: 21-1021
Date: September 14, 2023
Docket Number: 21-1026
Date: September 14, 2023
Docket Number: 21-1047
Date: September 14, 2023
Docket Number: 22-0019
Date: September 14, 2023
Docket Number: 22-0030
Date: September 14, 2023
Docket Number: 22-0060
Date: September 14, 2023
Docket Number: 22-0065
Date: September 14, 2023
Docket Number: 22-0127
Date: September 14, 2023
Docket Number: 22-0215
Date: June 16, 2023
Docket Number: 22-0230
Date: June 15, 2023
Docket Number: 21-0077
Date: June 15, 2023
Docket Number: 21-0371
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court affirming the order entered by the Office of Administrative Hearings (OAH) upholding the administrative revocation of Petitioner's driver's license for driving…
Date: June 15, 2023
Docket Number: 21-0371
Date: June 15, 2023
Docket Number: 21-0830
Date: June 15, 2023
Docket Number: 21-0830
Justia Opinion Summary: The Supreme Court affirmed the orders of the circuit court entering judgment on a jury verdict in favor of Cornerstone Hospital of Huntington, LLC in this lawsuit brought by Petitioner seeking damages for injuries he…
Date: June 15, 2023
Docket Number: 21-0913
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court determining that Bank breached its contract with Respondent by refusing to tender payment upon Respondent's presentation of an an original unendorsed money market…
Date: June 15, 2023
Docket Number: 21-0913
Date: June 15, 2023
Docket Numbers: 21-0991, 21-0990
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court finding that Defendant had not been lawfully arrested without a warrant and thus reversing the decisions of the West Virginia Division of Motor Vehicles (DMV)…
Date: June 15, 2023
Docket Numbers: 21-0991, 21-0990
Date: June 15, 2023
Docket Number: 22-0002
Justia Opinion Summary: The Supreme Court reversed in part and vacated in part the decision of the circuit court determining that the Uniform Common Interest Ownership Act (Uniform Act) applied to the Glade Springs Village (GSV) community and…
Date: June 15, 2023
Docket Number: 22-0002
Date: June 15, 2023
Docket Number: 22-0082
Date: June 15, 2023
Docket Numbers: 22-0139, 21-0140
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting summary judgment for Respondent in this action claiming that Respondent owned fifty percent interest in the oil and gas estate Petitioners purchased…
Date: June 15, 2023
Docket Numbers: 22-0139, 21-0140, 22-0140
Date: June 15, 2023
Docket Number: 22-0419
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court dismissing the underlying abuse and neglect petition against Father and remanded for the circuit court to adjudicate him as a neglectful parent, holding that the…
Date: June 15, 2023
Docket Number: 22-0480
Date: June 15, 2023
Docket Number: 22-0480
Justia Opinion Summary: The Supreme Court granted in part and denied in part a writ requested by Petitioners prohibiting the Honorable David H. Wilmoth, Judge of the Circuit Court of Randolph County, from enforcing its order denying…
Date: June 14, 2023
Docket Number: 21-0726
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court affirming an order entered by the Office of Administrative Hearings (OAH) reinstating Respondent's personal driver's license and commercial driver's license after…
Date: June 14, 2023
Docket Numbers: 21-0885, 21-0845, 21-0893
Justia Opinion Summary: The Supreme Court affirmed the decision of the Environmental Quality Board (EQB) modifying an "Underground Injection Control Permit" issued to American Bitumious Power Partners, L.P. (Ambit) allowing Ambit to pump or…
Date: June 14, 2023
Docket Number: 21-1015
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court enforcing a settlement agreement between Petitioner and Respondents, holding that the circuit court erred when it found that the parties entered into a settlement…
Date: June 14, 2023
Docket Number: 21-1015
Date: June 13, 2023
Docket Number: 21-0116
Date: June 13, 2023
Docket Number: 21-0167
Date: June 13, 2023
Docket Number: 21-0570
Date: June 13, 2023
Docket Number: 21-0597
Date: June 13, 2023
Docket Number: 21-0662
Date: June 13, 2023
Docket Number: 21-0713
Date: June 13, 2023
Docket Number: 21-0739
Date: June 13, 2023
Docket Number: 21-0743
Date: June 13, 2023
Docket Number: 21-0755
Date: June 13, 2023
Docket Number: 21-0762
Date: June 13, 2023
Docket Number: 21-0781
Date: June 13, 2023
Docket Number: 21-0786
Date: June 13, 2023
Docket Number: 21-0800
Date: June 13, 2023
Docket Number: 21-0811
Date: June 13, 2023
Docket Number: 21-0882
Date: June 13, 2023
Docket Number: 21-0934
Date: June 13, 2023
Docket Number: 21-0940
Date: June 13, 2023
Docket Number: 21-0958
Date: June 13, 2023
Docket Number: 21-0978
Date: June 13, 2023
Docket Number: 21-1018
Date: June 13, 2023
Docket Number: 22-0011
Date: June 13, 2023
Docket Number: 22-0074
Justia Opinion Summary: The Supreme Court affirmed the ruling of the circuit court dismissing Petitioner's complaint seeking declaratory relief regarding the ownership of real property located in Martinsburg, holding that the circuit court did…
Date: June 13, 2023
Docket Number: 22-0091
Date: June 13, 2023
Docket Number: 22-0094
Date: June 13, 2023
Docket Number: 22-0094
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court granting summary judgment in favor of Employer in this action brought by Employee for wrongful discharge under the West Virginia Business Liability Protection Act…
Date: June 13, 2023
Docket Number: 22-0107
Date: June 13, 2023
Docket Number: 22-0119
Date: June 13, 2023
Docket Number: 22-0130
Date: June 13, 2023
Docket Number: 22-0169
Date: June 13, 2023
Docket Number: 22-0198
Date: June 13, 2023
Docket Number: 22-0203
Date: June 13, 2023
Docket Number: 22-0269
Date: June 13, 2023
Docket Number: 22-0284
Date: June 13, 2023
Docket Number: 22-0306
Date: June 13, 2023
Docket Number: 22-0352
Date: June 13, 2023
Docket Number: 22-0430
Date: June 13, 2023
Docket Number: 22-0431
Date: June 13, 2023
Docket Numbers: 22-591, 22-730
Date: June 13, 2023
Docket Number: 23-97
Date: June 12, 2023
Docket Number: 21-0485
Justia Opinion Summary: The Supreme Court reversed in part the judgment of the business court disposing of WW Consultants, Inc.'s (WWC) claims for contractual indemnity in favor of third-party defendants but affirmed in part as to the denial of…
Date: June 12, 2023
Docket Number: 21-0485
Date: June 12, 2023
Docket Number: 21-0554
Justia Opinion Summary: The Supreme Court answered a certified question that a jury's failure unanimously to decide the recommendation of mercy does not allow the circuit court to impose a sentence of life imprisonment required for a conviction…
Date: June 12, 2023
Docket Number: 22-0439
Justia Opinion Summary: The Supreme Court granted a writ of prohibition in this original jurisdiction case prohibiting the circuit court from enforcing its order denying Petitioner's motion to dismiss the amended complaint brought by…
Date: June 12, 2023
Docket Number: 22-0439
Date: June 12, 2023
Docket Number: 22-787
Justia Opinion Summary: The Supreme Court granted a writ of prohibition precluding the circuit court from enforcing its September 30, 2022 order denying the Delaware Tribe of Indians' motion to transfer the underlying abuse and neglect…
Date: June 12, 2023
Docket Number: 22-787
Date: June 9, 2023
Docket Number: 21-0674
Justia Opinion Summary: The Supreme Court affirmed the sentencing Petitioner consecutively to a definite term of forty years' imprisonment for first-degree robbery, one to ten years' imprisonment for grand larceny, one to fifteen years'…
Date: June 9, 2023
Docket Number: 21-0738
Justia Opinion Summary: The Supreme Court reversed Defendant's four felony convictions stemming from an incident resulting in a shooting death, holding that the admission of certain evidence prejudiced Defendant, requiring remand for a new…
Date: June 9, 2023
Docket Number: 21-0738
Date: June 9, 2023
Docket Number: 21-0806
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part Defendant's conviction of attempted murder in the second degree and other crimes, holding that the principles of double jeopardy were violated by Defendant's…
Date: June 9, 2023
Docket Numbers: 21-0905, 21-0906
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the circuit court denying motions to dismiss this tort action brought against correction officers Bryon Whetzel and Isaiah Blancarte and West Virginia…
Date: June 9, 2023
Docket Numbers: 21-0905, 21-0906
Date: June 8, 2023
Docket Number: 21-0215
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court concluding that Speedyway LLC was partially at fault for the death of Kevin Jarrett, holding that the circuit court erred in concluding that Speedway had a legal…
Date: June 8, 2023
Docket Number: 21-0888
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court concluding that the Raleigh County Housing Authority (RCHA) was entitled to qualified immunity in the underlying wrongful death and negligence action, holding…
Date: June 8, 2023
Docket Number: 22-0070
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court granting Respondents' motion for a preliminary injunction in the circuit court seeking to enjoin Petitioners from creating "any West Virginia Professional Charter…
Date: June 8, 2023
Docket Number: 22-0365
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court denying Petitioners' motion to intervene in this abuse and neglect case involving their niece, G.G., holding that the circuit court did not err in denying the…
Date: June 8, 2023
Docket Numbers: 22-0384, 22-0387, 22-0388
Justia Opinion Summary: The Supreme Court vacated the order of the circuit court terminating the parental rights of Mother and Father after issuing a ruling adjudicating them as abusive and neglectful, holding that the circuit court lacked…
Date: June 8, 2023
Docket Number: 22-777
Justia Opinion Summary: The Supreme Court denied a writ of prohibition sought by the West Virginia Division of Corrections and Rehabilitation (DCR) that would effectively dismiss a wrongful death lawsuit filed against it by Mary Jane McComas,…
Date: June 8, 2023
Docket Number: 22-777
Date: June 6, 2023
Docket Number: 22-658
Justia Opinion Summary: In a putative class action involving a water main break the Supreme Court denied a requested writ of prohibition sought by West Virginia-American Water Company (WVAWC) to preclude enforcement of the circuit court's order…
Date: June 6, 2023
Docket Number: 22-658
Date: June 2, 2023
Docket Numbers: 21-0757, 22-0417
Justia Opinion Summary: In these consolidated appeals from the circuit court relating to the administration of the estate of Shirley Martin and of the trusts established by Carl Martin, Sr. and Shirley Martin the Court of Appeals reversed the…
Date: June 2, 2023
Docket Number: 22-0464
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court terminating Mother's parental and custodial rights due to her substance abuse problem, holding that the circuit court did not err in terminating Mother's…
Date: June 1, 2023
Docket Numbers: 21-0568, 22-0112
Date: May 30, 2023
Docket Number: 21-0912
Date: May 30, 2023
Docket Number: 22-0007
Date: May 30, 2023
Docket Number: 22-0007
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court finding that Ford Motor Credit Company, LLC failed to meet its evidentiary burden to show the existence of an arbitration agreement in this case surrounding a…
Date: May 26, 2023
Docket Number: 22-921
Date: May 23, 2023
Docket Number: 21-0323
Date: May 16, 2023
Docket Number: 21-0776
Date: May 16, 2023
Docket Number: 22-0330
Date: May 16, 2023
Docket Number: 22-0339
Date: May 15, 2023
Docket Number: 21-0536
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting in part and denying in part Petitioner's petition for a writ of habeas corpus, holding that there was no error in the circuit court's partial denial…
Date: May 15, 2023
Docket Number: 21-0536
Date: May 15, 2023
Docket Number: 22-0146
Date: May 4, 2023
Docket Number: 21-0878
Justia Opinion Summary: The Supreme Court imposed sanctions upon Respondent, the Honorable C. Carter Williams, for his violations of multiple provisions of the Code of Judicial Conduct and the Rules of Professional Conduct, holding that a…
Date: May 2, 2023
Docket Number: 21-0503
Date: May 2, 2023
Docket Number: 21-0721
Date: May 2, 2023
Docket Number: 21-0740
Date: May 2, 2023
Docket Number: 21-0741
Date: May 2, 2023
Docket Number: 21-0742
Date: May 2, 2023
Docket Number: 21-0814
Date: May 2, 2023
Docket Number: 21-0935
Date: May 2, 2023
Docket Number: 21-1011
Date: May 2, 2023
Docket Number: 22-0222
Date: May 2, 2023
Docket Number: 22-0238
Date: May 2, 2023
Docket Number: 22-0263
Date: May 2, 2023
Docket Number: 22-0309
Date: May 1, 2023
Docket Number: 20-0761
Date: May 1, 2023
Docket Number: 21-0209
Justia Opinion Summary: The Supreme Court affirmed the order of the Board of Review (BOR) affirming the finding of the Office of Judges (OOJ) that Respondent's claim for occupational pneumoconiosis benefits against Petitioner was timely,…
Date: May 1, 2023
Docket Number: 21-0761
Date: April 28, 2023
Docket Number: 21-0764
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of second-degree murder and sentencing him to a determinate term of forty years following a jury trial, holding that Defendant was not…
Date: April 25, 2023
Docket Number: 21-0467
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court convicting Defendant of one count of child abuse resulting in serious bodily injury, holding that the circuit court erred in refusing to admit the mother's…
Date: April 25, 2023
Docket Number: 22-0056
Date: April 25, 2023
Docket Number: 22-0178
Date: April 25, 2023
Docket Number: 22-0245
Date: April 25, 2023
Docket Number: 22-0304
Date: April 25, 2023
Docket Number: 22-0474
Date: April 25, 2023
Docket Number: 22-638
Date: April 24, 2023
Docket Number: 21-0613
Justia Opinion Summary: The Supreme Court held that the circuit court erred by denying Petitioners' counsel's request for an attorney fee and costs pursuant to the common fund doctrine in the underlying lawsuit involving a quiet title action…
Date: April 24, 2023
Docket Number: 21-0924
Justia Opinion Summary: The Supreme Court affirmed the order of the family court concluding that a qualified domestic relations order (QDRO) entered in 2001, rather than a final order of divorce, must control the division of Husband's…
Date: April 24, 2023
Docket Number: 21-1001
Justia Opinion Summary: The Supreme Court vacated the order of the Public Service Commission resolving City of Benwood's complaint about the City of Wheeling's increase in the wholesale rate it charged to Benwood for wholesale sewage treatment…
Date: April 24, 2023
Docket Number: 21-1001
Date: April 14, 2023
Docket Number: 21-0796
Justia Opinion Summary: The Supreme Court vacated the order of the circuit court resentencing Petitioner to eighty years of incarceration in connection with his conviction for first-degree robbery, holding that the sentencing court plainly…
Date: April 12, 2023
Docket Number: 21-0901
Date: April 10, 2023
Docket Number: 21-0532
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court sentencing Petitioner to life in prison pursuant to the habitual criminal statute, W. Va. Code 61-11-18, holding that the circuit court did not err. After…
Date: April 10, 2023
Docket Number: 21-0964
Date: April 5, 2023
Docket Number: 20-0800
Date: April 5, 2023
Docket Number: 21-0549
Date: April 5, 2023
Docket Number: 21-0565
Date: April 5, 2023
Docket Number: 21-0571
Date: April 5, 2023
Docket Number: 21-0581
Date: April 5, 2023
Docket Number: 21-0595
Date: April 5, 2023
Docket Number: 21-0649
Date: April 5, 2023
Docket Number: 21-0655
Date: April 5, 2023
Docket Number: 21-0660
Date: April 5, 2023
Docket Number: 21-0666
Date: April 5, 2023
Docket Number: 21-0669
Date: April 5, 2023
Docket Number: 21-0797
Date: April 5, 2023
Docket Number: 21-0920
Date: April 5, 2023
Docket Number: 21-1008
Date: April 5, 2023
Docket Number: 22-0003
Date: April 5, 2023
Docket Number: 22-0011
Date: April 5, 2023
Docket Number: 22-0044
Date: April 5, 2023
Docket Number: 22-0086
Date: April 5, 2023
Docket Number: 22-0187
Date: April 5, 2023
Docket Number: 22-0285
Date: April 4, 2023
Docket Numbers: 22-0199, 22-0206
Justia Opinion Summary: The Supreme Court vacated the portion of the adjudicatory and dispositional orders culminating in the termination of Petitioners' parental rights to four of the seven children at issue in this case and affirmed the…
Date: April 3, 2023
Docket Numbers: 21-0438, 21-0686
Date: April 3, 2023
Docket Numbers: 21-0438, 21-0686
Justia Opinion Summary: West Virginia Code of State Rules 64-10-8, “Blood Analysis; Standards and Methods,” sets forth the standards and methods the West Virginia Bureau of Public Health has established to ensure the accuracy of blood tests…
Date: March 31, 2023
Docket Number: 21-0458
Justia Opinion Summary: The Supreme Court converted this interlocutory appeal to a petition for a writ of prohibition in this negligence action and granted extraordinary relief, holding that a discretionary writ of prohibition should issue in…
Date: March 31, 2023
Docket Number: 21-0506
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court awarding Respondent damages following a bench trial denying each Petitioner the ability to present a witness at a bench trial on damages, holding that the lower…
Date: March 27, 2023
Docket Number: 21-0784
Justia Opinion Summary: The Supreme Court affirmed the circuit court's denial of Petitioners' petition for declaratory relief, in which they sought reformation of a 2009 deed due to mutual mistake, and its finding that Respondents were bona…
Date: March 27, 2023
Docket Number: 21-0843
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court dismissing Petitioner's complaint stemming from the suspension of his hospital clinical privileges and medical staff membership under W. Va. R. Civ. P. 12(b)(1)…
Date: March 27, 2023
Docket Number: 21-0843
Date: March 27, 2023
Docket Number: 21-0901
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court affirming the rules of the West Virginia Health Care Authority (WVHCA) denying War Memorial Hospital, Inc.'s (Hospital) certificate of need exemption…
Date: March 27, 2023
Docket Number: 22-0045
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court refusing to adjudicate Father as an abusive and neglectful parent and remanded the case, holding that the circuit court erred in concluding that Father did not…
Date: March 7, 2023
Docket Number: 22-0105
Date: March 7, 2023
Docket Number: 22-0156
Date: March 7, 2023
Docket Number: 22-0175
Date: March 7, 2023
Docket Number: 22-0301
Date: March 7, 2023
Docket Number: 22-0458
Date: March 6, 2023
Docket Number: 21-0841
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Defendant's motion to dismiss the complaint brought by Plaintiff for injuries he sustained in the course and scope of his employment with Defendant,…
Date: March 6, 2023
Docket Number: 22-0386
Justia Opinion Summary: The Supreme Court denied Petitioner's petition for a writ of prohibition, holding that the order was insufficient to permit for appellate review. Respondent brought this action against Petitioner alleging negligent…
Date: March 3, 2023
Docket Number: 21-0735
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court concluding that that an insurance policy's "Employer's Liability" exclusion (ELE) was inapplicable to Plaintiff's wrongful death action against Defendant,…
Date: February 14, 2023
Docket Number: 21-0587
Date: February 14, 2023
Docket Number: 21-0601
Date: February 14, 2023
Docket Number: 22-0101
Date: February 10, 2023
Docket Number: 21-0231
Date: February 10, 2023
Docket Number: 21-0232
Date: February 10, 2023
Docket Number: 21-0593
Date: February 10, 2023
Docket Number: 21-0863
Date: February 9, 2023
Docket Numbers: 21-0517, 21-0521
Date: February 7, 2023
Docket Number: 21-0733
Date: February 7, 2023
Docket Number: 21-0886
Date: February 7, 2023
Docket Number: 21-0909
Date: February 7, 2023
Docket Number: 22-0037
Date: February 7, 2023
Docket Number: 22-0226
Date: February 7, 2023
Docket Number: 22-0349
Date: February 7, 2023
Docket Number: 22-0366
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.