West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, January 16, 2013

Admission Ceremony 10:00 a.m. with arguments to follow.

Rule 20 argument

1. Kanawha County Public Library, West Virginia Board of Education, and Superintendent of the Schools of the State of West Virginia v. Board of Education of the County of Kanawha, Nos. 11-1224 and 11-1486 - Petitioners appeal from the "Final Order Granting Plaintiffs' Motion for Summary Judgment and Injunctive Relief" entered by the Kanawha County Circuit Court on July 28, 2011. Respondent seeks both declaratory and injunctive relief involving the school aid forumla statute as it relates to the funding of "Special Act libraries."

Vanderbilt Mortgage and Finance, Inc. v. Terri L. Cole, Nos. 11-1288 and 11-1604 - Petitioner, Vanderbilt Mortgage and Finance, Inc., brought an action against respondent, Terri L. Cole, for unlawful detainer of a manufactured home and real property. Respondent counterclaimed alleging that petitioner violated the West Virginia Consumer Credit Protection Act ("WVCCPA"). Petitioner now appeals the Circuit Court of Harrison County's August 15, 2011, "Order Awarding Civil Penalties" to respondent for petitioner's violation of the WVCCPA (No. 11-1288), and in a separate appeal (No. 11-1604), appeals the circuit court's October 18, 2011, "Final Order Awarding Attorney Fees and Costs" to respondent. The appeals have been consolidated.

State of West Virginia v. Michael J. McGill, No. 11-1386 - Petitioner appeals from the "Trial And Verdict Order" entered by the Circuit Court of Marshall County on April 25, 2011. Petitioner was convicted of the misdemeanor offense of battery, a lesser included offense of malicious assault as charged in his indictment.

Brooke B. v. Donald Ray C., II, No. 11-1085 - Petitioner, who alleges that she is the psychological parent of respondent's nine-year-old daughter, appeals the June 29, 2011, order of the Kanawha County Circuit Court that granted respondent's petition for a writ of prohibition. The writ precluded the Kanawha County Family Court from hearing petitioner's petition (1) to intervene in respondent's child's paternity/custody case on the ground that she was the child's "psychological parent" and this was an extraordinary case, and (2) to be named the child's infant guardian. Justice Benjamin disqualified. Judge Beane sitting by temporary assignment.

     Circuit Court Order and all briefs are on file in the Supreme Court Clerk's Office.

Rule 19 argument

Larry V. Faircloth Realty, Inc. and Larry V. Faircloth v. The Public Service Commission of West Virginia, Berkeley County Public Service Sewer District and Berkeley County Public Service Water District, No. 12-1023 - The Court will hear arguments in the PSC appeal.

Thomas McBride, Warden v. Steve Lee Dilworth, No. 11-1456 - Warden McBride, appeals from the Circuit Court of Gilmer County's "Order Granting In Part and Denying In part Post-conviction Habeas Corpus Petition" entered on September 21, 2011, wherein the court set aside respondent's convictions and corresponding sentences on nine counts (counts two through ten) of sexual abuse by a guardian and upheld his conviction and sentence on one count (count one) of sexual abuse by a guardian.