West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, September 19, 2017


Rule 20 argument - 10:00 a.m.


Bluestem Brands, Inc. v. Darlene Shade, No. 16-0793 - Petitioner appeals the circuit court’s order denying its motion to compel arbitration. Petitioner contends the circuit court erred in finding that respondent did not manifest her assent to the arbitration agreement and that petitioner, as a non-party to the arbitration agreement, was not entitled to compel respondent to arbitration.

SER Scott R. Smith, Prosecuting Attorney v. Hon. David J. Sims, Judge, et al., No. 17-0214 - Petitioner seeks a writ of prohibition of a circuit court order reducing, by half, a 70-year robbery sentence imposed eight years earlier after Robert McFarland admitted to his participation in a home invasion and robbery in which McFarland beat the victim with the butt of a shotgun.

SER Scott R. Smith, Prosecuting Attorney v. Hon. David J. Sims, Judge, et al., No. 17-0275 - Petitioner seeks a writ of prohibition challenging a circuit court order for a sentence reduction when (a) no Rule 35 motion was pending, and (b) there was no notice to or opportunity to be heard by the State.

State ex rel. State Auto Property Ins. v. Hon. James C. Stucky, Judge, et al., No. 17-0257 - Petitioner seeks a writ of prohibition challenging a circuit court order denying summary judgment to the petitioner/insurer.

Rule 19 argument


Sergeant Fruth v. Sheriff Powers, No. 16-0797 - Petitioner appeals the Circuit Court of Mason County’s order denying his petition for appeal from the Mason County Civil Service Commission’s order finding that petitioner’s termination from his position as a deputy sheriff was proper.

Kourt Security Partners, LLC v. Judy’s Locksmiths, Inc., No. 16-0553 - Petitioner appeals the circuit court’s March 1, 2016, order that granted summary judgment in favor of respondent and awarded judgment against petitioner in the amount of $48,730.97. The circuit court entered an order on May 13, 2016, certifying the March 1, 2016, order as a final and appealable order pursuant to Rule 54(b) of the West Virginia Rules of Civil Procedure.

WV Consolidated Public Retirement Board v. Ollie D. Hunting, No. 16-0628 - Petitioner appeals the order of the Circuit Court of Lincoln County, entered on June 6, 2016, reversing an order of the West Virginia Consolidated Retirement Board that denied respondent’s request to have settlement proceeds from civil actions designated as salary (received in a single year) for the purposes of calculating his retirement benefits.