West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, October 23, 2018


Rule 20 argument - 10:00 a.m.


State of West Virginia v. David M. Wasanyi, No. 16-1009 - The petitioner, a pharmacist who owned a pharmacy in Martinsburg, West Virginia, appeals his sentence of one to three years in the penitentiary upon the conviction of one felony count of Delivery of Diazepam, his sentence of one to three years in the penitentiary upon the conviction of one felony count of Delivery of Diazepam, and his sentence of one to five years in the penitentiary upon the conviction of one felony count of Delivery of Buprenorphine. The petitioner asserts that the circuit court erred in failing to instruct the jury with respect to the lesser offense of delivery by a pharmacist. In response, the State argues that the offense of delivery by a pharmacist is not a lesser included offense with respect to the offenses charged in this matter and, therefore, the petitioner was not entitled to have the jury instructed with respect to the offense of delivery by a pharmacist.

State of West Virginia v. David M. Wasanyi, No. 17-0020 - The petitioner, a pharmacist who owned a pharmacy in Martinsburg, West Virginia, appeals his sentence of one to fifteen years in the penitentiary upon the conviction of three felony counts of Delivery of Methadone, his sentence of one to fifteen years in the penitentiary upon his conviction of five felony counts of Delivery of Oxycodone, and his sentence of one to three years in the penitentiary upon his conviction of five felony counts of Delivery of Alprazolam. The petitioner asserts that the circuit court erred in granting the State’s motion to strike an African-American juror. The petitioner also asserts that the circuit court erred in refusing to allow the admission of certain medical records into evidence. Finally, the petitioner asserts that the circuit court erred in denying his motion for a new trial, to be conducted as a bench trial. In response, the State argues that the African-American juror was properly stricken as a juror because she suffers from serious health conditions. The State further argues that the petitioner failed to demonstrate that the medical records at issue have any probative value. Finally, the State argues that the petitioner’s motion for a new trial was properly denied because he is not entitled to a bench trial as a matter of right.

Tommy Lewis, Jr. v. Municipality of Masontown, No. 17-0618 - Petitioner appeals the June 12, 2017, order denying his petition for a writ of prohibition that sought to prohibit the Town of Masontown from prosecuting its criminal complaint against him in Masontown’s Municipal Court. Petitioner was cited by the Masontown Police during a May 12, 2016, traffic stop, in lieu of arrest. The Masontown Police also filed a criminal complaint against petitioner in the Preston County Magistrate Court that resulted in petitioner’s arrest on May 12, 2016; however, the magistrate court case was soon thereafter dismissed. Eight months later, on January 10, 2017, the municipal court issued its criminal complaint against petitioner regarding the traffic stop. As of May 12, 2017, one year after the traffic stop and petitioner’s arrest in the magistrate court case, petitioner had not yet been tried in the municipal court. Petitioner argues that the municipal court does not have jurisdiction because (1) the municipal complaint alleged violations of the West Virginia Code, which the municipal court lacked jurisdiction to hear; (2) the criminal charges were initially filed in the magistrate court, therefore, that magistrate court had exclusive jurisdiction; and (3) the municipal court violated petitioner’s constitutional speedy trial rights when it failed to try him within three terms of court following his arrest.

Jefferson County Citizens for Economic Preservation, et al. v. Jefferson Co. Public Service District, et al., No. 18-0659