West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, October 2, 2018


Oral arguments scheduled on Tuesday, October 2, 2018, and Wednesday, October 3, 2018, are continued generally. Many Court employees, including necessary security staff, have been subpoenaed to appear in both a federal court proceeding and the state Senate impeachment proceedings. The Clerk will provide counsel of record with ample notification for when the cases will be heard.


Rule 20 argument - 10:00 a.m.


J.A. Street & Associates v. Bitco General Insurance, et al., No. 17-0079 - Petitioner appeals the circuit court’s award of summary judgment to six commercial general liability, excess, and/or umbrella insurance carriers related to petitioner’s claims for insurance coverage for claims associated with the development and construction of the Merritt Creek Farm Shopping Center in Barboursville, West Virginia. Petitioner argues that the circuit court erred in granting summary judgment to respondents.

In Re: The Estate of Joe C. Simmons, No. 17-0560 - Petitioner appeals the circuit court’s order denying her appeal from the probate court.

Jasman Montgomery v. Ralph Terry, Acting Warden, No. 16-0915 - Petitioner appeals the circuit court’s order denying his petition for writ of habeas corpus.

Rule 19 argument


David Ballard, et al. v. Miguel Angel Delgado, Nos. 17-0327 & 17-0328 - Petitioners appeal the circuit court’s order denying them summary judgment on the basis of qualified immunity.

Pat Reed, Commissioner, WV Dept. of Motor Vehicles v. Doreen Grillot, No. 17-0691 - Petitioner appeals the circuit court’s order granting respondent’s petition for appeal in this administrative matter.

State of West Virginia v. Samuel Tanner, No. 17-0579 - Petitioner appeals the circuit court’s order sentencing him to six months of imprisonment for his possession of a controlled substance conviction and one year of imprisonment for his prohibited person in possession of a firearm conviction in this criminal matter. Withdrawn.