West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, October 3, 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.

Ben and Diane Goldstein v. Peacemaker Properties, et al., No. 17-0796 - Petitioners appeal the circuit court’s August 11, 2017, order awarding summary judgment to respondents in a nuisance action arising from respondents’ operation of a shooting range near petitioners’ residence. Petitioners argue that the circuit court erred in its application of West Virginia Code § 61-6-23, to eliminate the property rights of West Virginia landowners without due process of law and generally immunize shooting range operators from actions alleging nuisance. Petitioners further appeal the circuit court’s August 9, 2017, order denying their petition for attorney’s fees and request for additional discovery sanctions. Petitioners contend that the circuit court erred in finding that the discovery violations committed by respondents did not warrant sanctions under Rule 37 of the West Virginia Rules of Civil Procedure.

Rule 19 argument

Sierra Club v. Public Service Commission , No. 18-0513 - Continued.

Jonathan Presnell v. Eston Presnell, III, et al., No. 17-0857 - In this interlocutory appeal, petitioner challenges the order granting respondents/co-executors’ motion to sell part of a family farm of which petitioner is a one-third share legatee. Petitioner sought to partition the family farm in kind or by allotment. He argues the circuit court violated W.Va. Code § 44-8-1 by ordering that the co-executors could sell part or all of this “specific devise” without first complying with W.Va. Code § 37-4-3.

Charles L. v. Ralph Terry, Warden, No. 17-0824 - Petitioner appeals the September 8, 2017, order of the Circuit Court of Preston County that denied his petition for a writ of habeas corpus following his convictions of one count of first-degree sexual abuse and one count of sexual abuse by a custodian.

Mark Coleman v. Marvin Plumley, Warden, No. 17-0566 - Petitioner appeals the May 26, 2017, order of the Circuit Court of Kanawha County that denied his habeas petition. Petitioner complains that his constitutional right against self-incrimination was violated when the prosecuting attorney commented on petitioner’s decision not to testify in her closing arguments; and when the court admitted the report of his court-ordered psychiatric evaluation, without following the procedure outlined in State v. Jackson, 171 W.Va. 329, 298 S.E.2d 866 (1982). Petitioner also complains that a jury instruction regarding the inference that may be drawn from the use of a firearm, impermissibly shifted the burden of proof, and that his trial and appellate counsel were ineffective for failing to object to the admission of 404(b) evidence and other evidence.