West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, January 10, 2017

Rule 20 argument - 10:00 a.m.

David Earl Bowyer v. Deborah Lynn Wyckoff, et al., No. 15-1139 - Petitioner appeals the grant of summary judgment to respondents and the denial of his motion to amend his third-party complaint in an action related to certain mineral rights.

West Virginia State Police, et al. v. Victoria Hughes, et al., No. 15-0691 - Petitioners appeal the July 13, 2015, order that denied, in part, their motion for summary judgment in respondent Victoria Hughes’s action for the wrongful death of her husband and the negligent mishandling of his remains. The remaining respondents are three of decedent’s four children who claim negligent infliction of emotional distress. Petitioners appeal the circuit court’s denial of their qualified immunity defense.

Rule 19 argument

State of West Virginia v. Christopher R. Wyche, 15-0894 - Petitioner appeals the order of the Circuit Court of Berkeley County, entered on August 19, 2015, sentencing him to serve a term of fifteen years in the State Penitentiary upon his conviction of voluntary manslaughter; a term of ten years upon his conviction of wanton endangerment (including a five-year enhancement for a recidivist conviction); and a term of five years upon his conviction of possession of a firearm.

State of West Virginia v. Rashaun R. Boyd, 15-0878 - Petitioner appeals the judgment of the Circuit Court of Berkeley County upon his jury conviction of one count of attempted murder in the first degree, for which he was sentenced to serve a term of three to fifteen years in the state penitentiary; one count of wanton endangerment for which he was sentenced to serve ten years (including an enhancement for a recidivist conviction); and one count of being a prohibited person in possession of a firearm, for which he was sentenced to a determinate term of five years. Petitioner’s sentences were ordered to run consecutively.

DWG Oil and Gas Acquisitions v. Southern Country Farms, Inc., et al., No. 16-0069 - Petitioner appeals the December 28, 2015, order of the Circuit Court of Marshall County that declared the oil and gas underlying certain real estate to belong to respondent Southern Country Farms, Inc.

Joyce Minnich, Executrix v. MedExpress Urgent Care, Inc., No. 15-1148 - Petitioner, decedent’s wife, appeals the denial of reconsideration of a previous order in which the circuit court granted summary judgment in favor of MedExpress with respect to petitioner’s premises liability claim, finding that the claim was subject to the Medical Professional Liability Act. Andrew Minnich was in a MedExpress exam room waiting for the physician and fell while attempting to sit on the exam table, the footstool of which had not been fully extended.

Rule 20 argument

In the Matter of: Stephen O. Callaghan, No. 16-0670 - The Court will hear arguments in this judicial disciplinary case Continued until Tuesday, January 24, 2017.