West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, October 24, 2018


Rule 20 argument - 10:00 a.m.


SER Katie Franklin v. Hon. R. Craig Tatterson, et al., No. 18-0218 - The State seeks a writ of prohibition challenging a circuit court order suppressing all evidence of text messages between the defendant and a third-party.

Stephen Endicott, Administrator v. City of Oak Hill, No. 17-0765 - Petitioner appeals the circuit court’s July 7, 2017, order granting respondents summary judgment in a wrongful death case arising from an automobile accident following a police vehicle pursuit. Petitioner argues the circuit court erred in denying the parties’ joint motion to continue trial; erred in failing to find a special relationship existed between petitioner’s decedent and respondent law enforcement officer to defeat the application of immunity; erred in finding that the actions of the driver of the vehicle in which petitioner’s decedent was a passenger were an intervening cause sufficient to negate respondents’ liability; erred in failing to find that respondent law enforcement officer’s actions in pursing the motor vehicle in which petitioner’s decedent was a passenger were reckless, grossly negligent, and in wanton disregard for public safety; and erred in refusing to address petitioner’s motion for discovery sanctions.

State of West Virginia v. Tracy Back , No. 17-0466 - Petitioner appeals the circuit court’s sentencing order in this criminal matter.

Heather Humphrey v. Westchester Limited Partnership, No. 17-0885 - Petitioner appeals the grant of summary judgment to respondent related to her claims under dram shop laws and negligent entrustment of a vehicle. Continued generally.

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. RESCHEDULED.

State of West Virginia v. Charles T. , No. 17-0467 - Petitioner appeals the circuit court’s sentencing order in this criminal law matter.

State of West Virginia v. Daniel Baumgardner , No. 17-0395 - Petitioner appeals the circuit court’s order denying his motion for a mistrial.

SER Joseph S. v. Hon. Jennifer F. Bailey, Judge, No. 18-0316 - Rule to show cause returnable October 24, 2018, unless sooner mooted. Dismissed as moot.

SER SER Thomas Brown v. Hon. Jennifer F. Bailey, Judge, No. 18-0315 - Rule to show cause returnable October 24, 2018, unless sooner mooted. Dismissed as moot.