West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, April 9, 2019 - LAWS Program
Morgan County, W.Va.

Rule 20 argument - 10:00 a.m.

Christopher J. v. Ralph Terry, Warden, Mt. Olive Correctional Complex, No. 17-0994 - Petitioner requests that the Court reverse the circuit court’s sentencing order and grant him a new trial. Alternatively, petitioner requests that the matter be remanded with direction that the circuit court order he be entitled to a meaningful opportunity for parole after fifteen years.

Rule 19 argument

Robert Smith, administrator and personal representative of A.S., deceased v. Carolyn Clark, M.D., and Cabell Huntington Hospital No. 17-1086 - Infant died during an attempt to deliver her from her mother’s womb during an obstetrical emergency. Petitioner brought this wrongful death action against respondent-physician, Dr. Carolyn Clark, and respondent-hospital, Cabell Huntington Hospital, Inc. A jury found in favor of respondents. Petitioner now appeals the November 17, 2017, order denying his motion for a new trial and renewed motion for judgment notwithstanding the verdict based on his claims of trial error. Respondent-doctor cross appeals and argues petitioner’s expert improperly invoked the “locality rule” at trial in derogation of the national standard of care.