West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, February 7, 2017

Rule 20 argument - 10:00 a.m.

State of West Virginia v. J.E., No. 16-0677

State of West Virginia v. Z.M., No. 16-0723

(1) Does the phrase “any person” within the meaning of W.Va. Code § 15-12-2(b) of the Sex Offender Registration Act, W.Va. Code § 15-12-1, et seq., include a juvenile who has been adjudicated as having committed acts of delinquency which would require said person, once having reached the age of eighteen, to register as a sexual offender as required by law.
The circuit court answers this question in the affirmative.
(2) Do the acts of attempted sexual assault in the second degree in violation of W.Va. Code § 61-11-8 and § 61-8B-4; and sexual abuse in the first degree in violation of W.Va. Code § 61-8B-7 qualify as “violent or felonious crime[s]” under W.Va. Code § 49-5-101(g) which allows for public disclosure of the name and identity of any juvenile adjudicated or convicted of a violent or felonious crime?
The circuit court answers this question in the affirmative.

State of West Virginia v. Antwyn D. Gibbs, No. 16-0044 - Petitioner appeals his convictions and resulting sentences for first degree robbery, entry of a dwelling, and conspiracy.

State of West Virginia v. Kevin Goodman Jr., No. 15-1193 - Petitioner appeals the circuit court’s sentencing order in this criminal matter.

Rule 19 argument

Lawyer Disciplinary Board v. Mark S. Plants, 15-0957 - The Court will hear arguments in this lawyer disciplinary case.

Cynthia W. Van Heyde, Administratrix v. Susan Miller, et al., No. 15-1073 - Petitioner appeals the order granting summary judgment in favor of respondent realtors and real estate company. Petitioner, on behalf of decedent, sued respondents for breach of contract, breach of fiduciary duty, and constructive fraud in a real estate transaction handled by respondents. Petitioner alleged that respondents coerced decedent into selling his mineral rights with the surface rights to a 60-acre parcel of land in Preston County against decedent’s wishes. The decedent, age 85, died three days after the closing with bronchopneumonia as cause of death, with probable Alzheimer’s dementia a contributing factor.