West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, February 15, 2017


There will be a small Admissions Ceremony immediately preceding the argument docket.


Rule 20 argument - 10:00 a.m.


In Re: The Remains of Chester Howard West, No. 16-0410 - Petitioner appeals the grant of respondent’s petition to disinter the remains of Chester Howard West and reinter the same in a different cemetery with other Medal of Honor recipients.

State of West Virginia v. Shawn Thomas Riggleman, No. 16-0012 - Petitioner was indicted for “distributing and exhibiting material depicting minors engaged in sexually explicit conduct” under West Virginia Code § 61-8C-3, but was found incompetent to stand trial. Petitioner appeals the order of the circuit court regarding his competency inasmuch as the circuit court ruled that the crime of viewing minors engaged sexually explicit conduct was a crime involving an act of violence against a person, and thus, pursuant to West Virginia Code § 27-6A-3(h), ordered that petitioner remain under the court’s jurisdiction until the expiration of the maximum sentence for the crime - ten years.

Rule 19 argument


State of West Virginia v. Vincent S. Smith, No. 16-0264 - Petitioner appeals the circuit court’s sentencing order in this criminal matter.

State of West Virginia v. Tulsa Johnson, No. 16-0265 - Petitioner appeals the circuit court’s sentencing order in this criminal matter.

Rule 20 argument

Brian Luborsky v. Kimberly S. Carroll, et al., No. 15-0787 - Petitioner appeals the July 15, 2015, order of the Circuit Court of Wood County, that denied his Rule 59(e) motion to alter or amend the circuit court April 27, 2015, judgment order in favor of respondents/plaintiffs below, Kimberly S. Carroll, James C. Brown, Carrie Shook, Ginger R. Riggins, Amanda R. Malone and Cordia S. Little, in their action for wrongful discharge and failure to timely pay wages in violation of the West Virginia Wage Payment and Collection Act, West Virginia Code § 21-5-4(e). Rescheduled from February 14, 2017.

Brian Luborsky v. Kimberly S. Carroll, et al., No. 16-0329 - Petitioner appeals the March 3, 2016, order of the Circuit Court of Wood County, that denied his motion to alter or amend the circuit court’s April 27, 2015, judgment order in favor of respondents/plaintiffs below, Kimberly S. Carroll, James C. Brown, Carrie Shook, Ginger R. Riggins, Amanda R. Malone and Cordia S. Little, in their action for wrongful discharge and failure to timely pay wages in violation of the West Virginia Wage Payment and Collection Act, West Virginia Code § 21-5-4(e). Rescheduled from February 14, 2017.