West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, January 11, 2017

Rule 20 argument - 10:00 a.m.

In Re: Involuntary Hospitalization of T.O., No. 16-0095 - Petitioner appeals the denial of her petition for writ of habeas corpus following her involuntary hospitalization stemming from a mental hygiene proceeding.

Rule 19 argument

Johnathan Lowell McClanahan, RN v. WV Board of Examiners for Registered Professional Nurses, No. 15-1014 - Petitioner appeals the order of the circuit court that affirmed the one-year suspension of petitioner’s nursing license. The respondent board stayed suspension and placed petitioner on two years of probation, with conditions.

State of West Virginia v. Adam Derek Bowers, 15-1017 - Petitioner appeals his convictions for the offenses of sexual assault, burglary and robbery. Prior to petitioner’s trial, the State sought to exclude evidence of the confession, conduct, and guilty pleas of Joseph Buffey. Petitioner argues that this evidence was exculpatory evidence under Brady v Maryland, 37 U.S. 83 (1963), and that the exclusion of that evidence hampered his defense.

Sonya Porter v. James H. Brown, No. 15-1213 - Petitioner appeals the orders of the Circuit Court of Logan County and Logan County Deputy Sheriff’s Civil Service Commission that awarded attorney’s fees to respondent. Respondent was placed on paid administrative leave, and was not served with notice regarding the nature of allegations against him for thirteen months. As a result of the delay in the investigation against him, respondent filed a petition for reinstatement with the Logan County Deputy Sheriff’s Civil Service Commission and a writ of mandamus in Logan County Circuit Court. The circuit court and the civil service commission found that petitioner’s delay in presenting charges to respondent was unreasonable, and ordered petitioner to pay attorney’s fees and costs for the costs of the mandamus action and the action before the Civil Service Commission. Continued to April 18, 2017.

Patricia Reed, Commissioner WV DMV v. Benjamin C. McGrath, No. 15-1147 - Petitioner appeals the circuit court’s order granting respondent’s petition for appeal in this administrative matter.