West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, September 13, 2017

Rule 20 argument - 10:00 a.m.

Texas Eastern Transmission v. WV Dept. of Environmental Protection, et al., No. 16-0827 - The Marshall County Coal Company f/k/a/ McElroy Coal Company and Texas Eastern Transmission, LP, filed separate appeals of an August 5, 2016, order of the Circuit Court of Marshall County involving the approval of Marshall Coal’s application for revision to its existing underground mining permit, Permit No. U003383 and, in particular, certain aspects of the application’s subsidence control plan.

The Marshall County Coal Company v. Texas Eastern Transmission, et al., No. 16-0877 - See above summary.

State of West Virginia v. Wayne Dubuque, No. 16-0357 - Petitioner appeals his sentence of five consecutive terms of imprisonment in the state penitentiary of five to fifteen years each, subsequent to his plea of guilty to five counts of possession of material depicting a minor engaged in sexually explicit conduct.

Ancient Energy, Ltd. V. Philip Ferguson, Barbour County Sheriff, et al., No. 16-0373 - Petitioners appeal the circuit court’s February 29, 2016, order granting summary judgment to respondents in this civil matter.

State of West Virginia v. Marc Kilmer, No. 15-0859 - Petitioner appeals the circuit court’s sentencing order in this criminal matter.

Rule 19 argument

Jeannette Wakim v. Christopher Pavlic, No. 16-0906 - Petitioner Jeannette Wakim, as personal representative of the Last Will and Testament of Lawrence J. Belt, appeals the August 29, 2016, order of the Circuit Court of Ohio County that clarified a prior order and ruled that one-half of certain monies belonged to Lawrence and the other half to the estate of his wife, Lila Belt. The court also determined that the validity of Lila’s 2011 will is not relevant to any issue before the court. The court canceled the jury trial on this issue and dismissed the case from its docket.

Lawyer Disciplinary Board v. David A. Downes, No. 15-0702 - The Court will hear arguments in this lawyer disciplinary matter.