Supreme Court of Appeals of West Virginia

Argument Docket  
Tuesday, January 11, 2011

*** Argument times are approximate ***

Rule 20 argument

10:00 a.m.   

State v. Elizabeth Dawn Thornton,  No. 35533 - Elizabeth Dawn Thornton appeals her conviction for Child Neglect Causing Death. She asserts that the court erred by refusing to conduct a Daubert hearing and analysis; insufficient evidence of an element of the crime; the court erred by denying a motion for change of venue and a motion for mistrial because of publicity; and the court erred by denying mistrial motions when protected information was disclosed to the jury.

10:40 a.m.

E.H., et al. v. Khan Matin, M.D., et al.,  No. 35505 - Petitioner Department of Health and Human Resources appeals from orders entered by the circuit court arising out of petitioner's statutory obligation under W.Va. Code 27-5-9 and compliance with the "Hartley Plan." Petitioner DHHR asks this Court to grant its petition for appeal and grant such other additional relief as the Court deems necessary and appropriate.

11:20 a.m.

State v. Rodney Jason Berry,  No. 35501 - Petitioner Rodney Jason Berry was convicted by a Raleigh County jury of First Degree Murder and Murder by Lying in Wait. Mr. Berry was sentenced to serve two life sentences without mercy by the Raleigh County Circuit Court. On appeal, petitioner alleges prosecutorial misconduct and court error in arguing that he is entitled to a new trial. 

2:00 p.m.

State of West Virginia ex rel. West Virginia Citizen Action Group v. Earl Ray Tomblin, President of the West Virginia Senate, Richard Thompson, Speaker of the House of Delegates, and Natalie Tennant, Secretary of State of West Virginia, Respondents, No. 101494
AND

State of West Virginia ex rel. Thornton Cooper, Petitioner v. Earl Ray Tomblin, Acting Governor of the State of West Virginia and President of the West Virginia Senate, Richard Thompson, Speaker of the House of Delegates, and Natalie Tennant, Secretary of State of West Virginia, Respondents,
No. 10-4004 -
Petitioners in these consolidated cases seek to compel a new election to fill the vacancy in the Office of Governor. - Justice Davis disqualified. Judge Miller sitting by temporary assignment.

All documents filed in these cases are available here