West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, April 11, 2018

Rule 20 argument - 10:00 a.m.

Ashland Specialty Company v. Dale W. Steager, State Tax Comm’r., No. 17-0437 - Petitioner, a tobacco products distributor, appeals the circuit court’s order reversing the decision of the Office of Tax Appeals that reduced a penalty the Tax Commissioner imposed on petitioner for distributing approximately 1,200 cartons of non-approved cigarettes for a period of three months. The circuit court reinstated the original penalty, which amounted to 500% of the retail value of the cigarettes, or $159,398.00.

State of West Virginia v. Cortez Barefield, No. 17-0227 - Petitioner appeals the circuit court’s denial of his motions to suppress evidence in his case related to the possession and distribution of illegal drugs. At the conclusion of his trial, petitioner was acquitted of two charges but convicted by a jury of possession of a controlled substance, cocaine, with intent to deliver, a felony.

Rule 19 argument

SER U-Haul Co. of West Virginia v. Honorable Joanna I. Tabit, Judge, et al., 17-1052 - Petitioner seeks a writ of prohibition to challenge a circuit court order certifying plaintiffs’ claims as a class action. Rescheduled to April 10, 2018

Eric Burke v. Wetzel County Commission and Scott Lemley, 17-0485 - Petitioner appeals the order of the Circuit Court of Wetzel County, entered on May 1, 2017, granting respondents’ motion to dismiss his claims related to the termination of his employment by the Wetzel County Assessor. CONTINUED TO MAY 16, 2018

City of Marmet v. Anthony Hunter, Administrator, 17-0493 - Petitioner appeals the order of the Circuit Court of Kanawha County, entered on April 28, 2017, denying its motion for summary judgment.