West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, October 23, 2012

West Virginia Wesleyan College

Virginia Thomas Law Center for the Performing Arts

Buckhannon, West Virginia

Rule 19 argument - 10:00 a.m.

Raymond A. Hinerman Sr. and Barbara B. Hinerman v. Richard A. Rodriguez and Rita C. Rodriguez, No. 11-0595 - Petitioners appeal the circuit court's decision granting partial summary judgment to the respondents.

Thomas McBride, Warden v. Joseph H. Lavigne, Jr., No. 11-0853 - Warden McBride appeals from the circuit court’s order granting habeas relief to respondent and awarding him a new trial

Rule 20 argument

State Farm Mutual Automobile Insurance Company v. Jill F. Schatken and Steven N. Schatken , No. 11-1142 - Petitioner State Farm appeals the lower court ruling in an underinsured motorist coverage claim concerning non-duplication of benefits language in an insurance policy. The circuit court held that the language violated West Virginia Code and the State's public policy. The circuit court also granted summary judgment on issues involving medical payments, reimbursement language, and how medical payments coverage impacts health insurance. Justice Davis disqualified. Judge Thomas H. Keadle sitting by temporary assignment.

State of West Virginia v. Jonathan Scott Bourne, No. 11-0282 - Petitioner appeals from his convictions for second degree sexual assault, incest, detaining with intent to defile, and felony conspiracy following a jury trial. Petitioner raises evidentiary issues at trial and challenges the issuance of a search warrant for the contents of his computer.