A declaratory judgment, also called a declaration, is the legal determination of a ...
West Virginia Supreme Court Court Cases
Nancy S.E. appeals a final order entered May 8, 1995, by the Circuit Court of Raleigh County, which terminated her parental rights to her two daughters, Tiffany Marie S. and Taylor Brook S. She asserts the circuit court erred by (1) failing to timely appoint counsel to represent her; (2) ordering an improvement period in excess of twelve months; (3) admitting irrelevant and prejudicial evidence of unrelated criminal charges; (4) conducting the termination hearing in her absence, and (5) [...]
Court: West Virginia Supreme Court Docket: 23198
Painter v. Peavy (1994)This civil action was brought for damages arising out of an automobile collision. Annette J. Painter, the appellant and plaintiff below, appeals an order of the Circuit Court of Mercer County, entered September 7, 1993, which granted summary judgment in favor of Patrick Devolta Peavy, the appellee and defendant below. The circuit court found that an accord and satisfaction was reached between the parties when the plaintiff deposited a check from the defendant's insurance company tendered "[f]or [...]
Court: West Virginia Supreme Court Docket: 22206
In Re Cecil T. (2011)This matter involves the petition for appeal of Brett and Susan B. [hereinafter "Appellants"] of the January 29, 2010, order of the Circuit Court of Logan County, as intervenors and foster parents in the underlying abuse and neglect proceeding regarding the infant Cecil T. II [hereinafter "Cecil T."]. In that order, the circuit court denied the motion to terminate the parental rights of Cecil T. I [hereinafter "father" or "Appellee"] made by the West Virginia Department of Health and [...]
Court: West Virginia Supreme Court Docket: 35659
Chrystal RM v. Charlie AL (1995)In this appeal, we are asked to determine whether language by the mother in a written prenatal adoption agreement stating that the adoptive father is the natural father should prevail over blood tests that prove a third person, the appellee, Charlie A.L., is the biological father. By agreement dated January 8, 1990, the appellant, Chrystal R.M., consented to allow Mr. and Mrs. Ruble to adopt her child. In the agreement, the appellant stated that she "hereby acknowledges that Gregory Emmitt [...]
Court: West Virginia Supreme Court Docket: 22507
State v. Guthrie (1995)
The defendant, Dale Edward Guthrie, appeals the January, 1994, jury verdict of the Circuit Court of Kanawha County finding him guilty of first degree murder. In May of 1994, the defendant was sentenced to serve a life sentence with a recommendation of mercy. The defendant cites as error several instructions given to the jury and improper questions and comments made by the prosecutor. Cumulative error is asserted. He also contends there is insufficient evidence to support the verdict.
Court: West Virginia Supreme Court Docket: 22710
This is a controversy between two insurance companies which issued separate policies of fire insurance upon personal property owned by John T. Defibaugh and Edward Shane, doing business as Modern Home Appliance, in Weirton, Hancock County, West Virginia, consisting of household appliances and merchandise. A considerable quantity of the insured property, located in the store of Modern Home Appliance at 3166 Main Street, in Weirton, West Virginia, was destroyed or damaged by fire which occurred [...]
Court: West Virginia Supreme Court Docket: 12220
State v. Miller (1995)The defendant, Susan Miller, appeals her September 29, 1993, conviction by jury of the offense of battery. By order dated October 18, 1993, the Circuit Court of Pleasants County entered the guilty verdict and ordered the defendant to pay costs. The defendant was not sentenced to serve any time in jail for the offense. The defendant asserts on appeal to this Court that the trial court erred by refusing to grant her motion to dismiss the battery charge on the grounds of res judicata and/or [...]
Court: West Virginia Supreme Court Docket: 22571
Mathena v. Haines (2006)Appellants Jason Lawson and Eugene Blake appeal from an order entered by the circuit court of Randolph County enjoining appellant Eugene Blake from filing any motions, letters, or communication to the circuit clerk or the circuit court unless such documents are signed by an attorney licensed to practice law in the State of West Virginia. Appellants Lawson and Blake include in their petition for appeal the issues which were included in the underlying conditions and medical care habeas corpus [...]
Court: West Virginia Supreme Court Docket: 32769
State v. LaRock (1996)The defendant, Jeffrey Scott LaRock, appeals the June 16, 1994, order of the Circuit Court of Fayette County which denied his motion for judgment of acquittal or, in the alternative, for a new trial. The defendant was convicted by a jury of first degree murder and was sentenced to life imprisonment without mercy for the killing of his nineteen-month-old son, Joshua LaRock. The defendant does not deny that his actions caused his son's death; instead, at trial, the defendant primarily argued [...]
Court: West Virginia Supreme Court Docket: 22979
The issue now before this Court is whether the plaintiff, Darrell V. McGraw, Jr., Attorney General, is authorized to seek debt cancellations and/or refunds from the defendants, General Motors Acceptance Corporation (GMAC) and Citizens National Bank of St. Albans (now Bank One, West Virginia, St. Albans, N.A.). The Consumer Protection Division of the Office of the Attorney General of West Virginia filed suit against Scott Runyan Pontiac-Buick, Inc. (Scott Runyan), et al., on November 9, [...]
Court: West Virginia Supreme Court Docket: 22728
The plaintiff below and appellant herein, Mark Williams, sued the defendant below and appellee herein, Precision Coil, Inc., for, inter alia, breach of an employment contract. The January 27, 1994, order of the Circuit Court of Harrison County granted summary judgment in favor of the defendant pursuant to Rule 56(c) of the West Virginia Rules of Civil Procedure. On appeal, the plaintiff asserts that the defendant altered his at-will employment status and, thereby, transformed him into a [...]
Court: West Virginia Supreme Court Docket: 22493
This is an appeal by the Workmen's Compensation Commissioner from a final order of the Workmen's Compensation Appeal Board which held, in reversing the Commissioner, that the Commissioner could not require Eastern Associated Coal Corporation, a self-insured employer, to pay medical bills for the benefit of its injured employee, Carl W. Smith, Sr., in excess of a $3,000.00 statutory limit in effect as of the date of the injury.
Court: West Virginia Supreme Court Docket: 13576
Louis S. Southworth II, Jackson & Kelly, Charleston, for Appellants Monongahela Power Company, The Potomac Edison Power Company, Virginia Electric and Power Company, and West Penn Power Company.
Court: West Virginia Supreme Court Docket: 22795
Carr v. Hancock (2004)
In this appeal from the Circuit Court of Kanawha County, we are asked by the appellant to review a family court's order in a divorce action that distributes certain marital property of the parties, which requires the appellant to pay spousal support to the appellee, and which requires the appellant to pay a portion of the appellee's attorney's fees. The circuit court refused to consider a petition to review the family court's order.
Court: West Virginia Supreme Court Docket: 31752
In Re Katie S. (1996)Christina B., the mother of Katie and David S., appeals the termination of her parental rights by order of the Circuit Court of Wood County. On appeal, Christina B. (the respondent) argues the following: (1) the evidence was insufficient to terminate her rights; (2) the circuit court erred in affording her only a seven-month improvement period rather than the ordered twelve-month improvement period; (3) the circuit court erred in opting for adoption of the children rather than long term [...]
Court: West Virginia Supreme Court Docket: 23584
In Re RJM (1980)This is an appeal from an order of the Circuit Court of Wood County terminating parental rights. The appellant parents make general assignments about the insufficiency of the evidence and argue that the circuit court should have granted them an improvement period pursuant to W.Va. Code, 49-6-5(a)(4)  and 49-6-5(c) . Since their court appointed attorney did not move for an improvement period pursuant to W.Va.Code, 49-6-2(b)  the appellants alleged ineffective assistance of [...]
Court: West Virginia Supreme Court Docket: 14612
At the regular April Term 1958 of the Circuit Court of Monongalia County, the defendant Andy Pastoria was indicted for a felony by the grand jury attending that term of court. The offense charged in the indictment is that in January 1958, in Monongalia County, West Virginia, the defendant, well knowing that Charles J. Whiston was the Sheriff of that county, did wilfully, maliciously, unlawfully and feloniously, counsel, aid, abet and procure General Daniel Morgan Post No. 548, Veterans of [...]
Court: West Virginia Supreme Court Docket: 11009
State v. Edward Charles L. (1990)This case is before the Court upon an appeal of the conviction of Edward Charles L. on May 28, 1987, in Mineral County, West Virginia, of two counts of first-degree sexual assault and two counts of first-degree sexual abuse. The appellant raises four assignments of error based on the proceedings which occurred before the lower court: 1) the trial court committed plain error in permitting the state to make references to unrelated sexual acts and tendencies of the appellant; 2) the trial [...]
Court: West Virginia Supreme Court Docket: 19004
State v. Goodnight (1982)
A two-count Marion County Grand Jury indictment charged James Goodnight with larceny of a $6,000 Gravely tractor belonging to John Carpenter, and with receiving this tractor as stolen property. The trial court directed a verdict on the receiving stolen property count,[*] and a jury found Goodnight guilty of attempted grand larceny. He was sentenced to one year in the county jail and fined $500.00.
Court: West Virginia Supreme Court Docket: 15210
In this administrative appeal, the West Virginia Ethics Commission, appeals a memorandum opinion, issued May 17, 1996, and a final order, entered June 14, 1996, by the Circuit Court of Raleigh County, which ordered, in part, the dismissal, for procedural reasons, of Count 5 of the Commission's statement of charges against Joseph Larry Walker. Count 5 concerned Walker's knowing approval of a subordinate's falsified travel expense form. Additionally, Walker appeals from that part of the [...]
Court: West Virginia Supreme Court Docket: 23881, 23890