West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, April 25, 2017

Rule 20 argument - 10:00 a.m.

Patricia S. Reed, Commissioner W.Va. Dept. of Highways v. Frederick Staffileno, No. 16-0487 - Petitioner appeals the circuit court’s reversal of the final order of revocation of respondent’s license for knowingly permitting his vehicle to be driven by another person who was under the influence of alcohol.

Dale W. Steager, State Tax Commissioner v. James Dawson and Elaine Dawson, No. 16-0441 - Petitioner appeals the decision of the Circuit Court of Mercer County that found that West Virginia Code § 11-21-12(c)(6) violates the doctrine of intergovernmental tax immunity, as it favors retired state and local law enforcement officers over retired federal law enforcement officers.

State of West Virginia v. Steward Butler, No. 16-0543 - Petitioner appeals the circuit court’s order finding that West Virginia Code § 61-6-21(b) does not extend to create a criminal offense for violation of an individual’s civil rights by threat of violence based on sexual orientation. Further, petitioner contends that the circuit court improperly dismissed portions of the indictment based upon this Court’s refusal to hear a Certified Question.

State of West Virginia v. Zachary Elijah Bland, No. 16-0592 - Petitioner appeals his conviction for the offense of domestic assault. Petitioner asserts that domestic assault is not a lesser included offense of domestic battery, and that his conviction for domestic assault, without first having been charged with that offense, is a violation of the double jeopardy clause of the Fifth Amendment of the U.S. Constitution.

Rule 19 argument

WV Department of Education v. Tammy McGraw, Nos. 16-0679 - Petitioner appeals the denial of its motion to dismiss based on qualified immunity.