West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, March 26, 2014

Rule 20 argument - 10:00 a.m.

SER State of West Virginia v. Honorable Robert A. Burnside, Jr., Judge of the Circuit Court of Raleigh County; and Richard E. Hardison, Jr., No. 13-0733 - The State seeks a writ of prohibition to prohibit the circuit court from suppressing recorded statements made by a criminal defendant who is a lawyer where the tapped statements related to the defendant using his law office to sell cocaine to an undercover informant. Justices Davis and Workman disqualified. Judges Hatcher and Sims sitting by temporary assignment.

Monongalia County Commissioner v. Judith L. Johnson, Executrix and Personal Representative of the Estate of Joseph B. Johnson, No. 13-0681 - Defendant below, the Monongalia County Commission, appeals in a case where plaintiff was awarded wrongful death damages for the willful or wanton misconduct of employees of the county's emergency communications (i.e., 911) center. Withdrawn.

John N. Kenney v. Samuel C. Liston, No. 13-0427 - Defendant appeals the judgment order entered after the jury awarded plaintiff compensatory and punitive damages for defendant’s negligence. Defendant asserts that the circuit court committed multiple errors including, inter alia, permitting the jury to award duplicative damages; allowing the jury to hear about a potential Shamblin recovery; improperly commenting upon the evidence; and applying the collateral source rule to allow plaintiff to recover damages for portions of bills that his medical providers waived. Rescheduled to April 9, 2014.

Ron King, Fire Marshal/Code Official; David Casebolt, Mayor; and the City of Nitro v. Richard Nease and Lorinda Nease , No. 13-0603 - The City of Nitro and its officials appeal the circuit court's summary judgment order wherein the court concluded that the W.Va. FOIA does not authorize a public entity to charge a "search fee" for its employee's time spent searching for and retrieving documents requested pursuant to the Act. Continued from March 4, 2014.

Rule 19 argument

SER Carl L. Harris, Prosecuting Attorney v. Hon. John W. Hatcher, Jr., Judge; and Steven R. Malay, Sr., No. 13-1236 - The State seeks a writ of prohibition challenging an order dismissing certain counts of an indictment that alleged that defendant Steven Malay was a person in a position of trust under the sexual abuse statute.

Steven O. Dale, Acting Commissioner of the West Virginia Division of Motor Vehicles v. Tammy Reed,, No. 13-0429 - Petitioner appeals the circuit court's affirmation of the finding of the Office of Administrative Appeals dismissing the revocation of petitioner's license for refusal to submit to the secondary chemical test.

Steven O. Dale, Acting Commissioner of the West Virginia Division of Motor Vehicles v. Donald Oakland, No. 13-0761 - Petitioner Steven O. Dale, Acting Commission of the Division of Motor Vehicles, appeals the order of the Circuit Court Of Marshall County, entered June 17, 2013, reversing the final order of the hearing examiner that revoked petitioner's privilege to drive a motor vehicle.


2014 Baker Cup Competition Finals - 2:00 p.m.

What is Moot Court?

Moot Court encourages the development of skills in brief writing and oral advocacy and recognizes those students who excel in developing these skills, ending in an appellate-level legal argument made before a panel of judges. Read More


State of Eastern Shore v. Abdul-Raheem - Arguments will be made by West Virginia College of Law students Marissa Grace and Jeremy Hylton.