Justia West Virginia Supreme Court of Appeals Opinion Summaries

Jeremy Jarrett was charged and convicted in Kanawha County of two counts of first-degree sexual abuse involving a minor. After serving his prison sentence, Jarrett began a fifty-year term of supervised release, subject to conditions imposed by the circuit court in 2011. These included restrictions on contact with minors and requirements to comply with directives from his supervising probation officer. Following his release, his probation officer provided additional, more restrictive conditions regarding proximity and contact with minors. Jarrett violated these conditions on several occasions, resulting in revocations and imprisonment. In 2023, Jarrett sought to modify his supervised release terms to allow contact with his newborn daughter, which was denied. He was subsequently arrested for violating supplemental conditions after accompanying his wife to a hospital where children were present.The Circuit Court of Kanawha County found Jarrett had violated the conditions imposed by his probation officer and revoked his supervised release, sentencing him to four years of imprisonment. The court also denied his motion to modify supervised release terms for contact with his daughter but permitted him to seek supervised visitation with appropriate safeguards. Jarrett appealed, arguing that the supplemental conditions were imposed without a hearing or counsel and constituted improper enlargement of court-ordered conditions.The Supreme Court of Appeals of West Virginia held that the circuit court erred in revoking Jarrett’s supervised release based on conditions unilaterally imposed by the probation officer without a hearing or assistance of counsel, rendering those conditions void and unenforceable. However, the court affirmed the circuit court’s denial of Jarrett’s motion to modify supervised release to allow contact with his child, finding no abuse of discretion. The disposition was affirmed in part, reversed in part, and remanded for further proceedings. View "State v. Jarrett" on Justia Law

A mother with sole custody of two children and shared custody of a third was the subject of a child abuse and neglect investigation after police found text messages between her and a known drug dealer. In these messages, she appeared to request marijuana and offered ammunition. She admitted to occasionally smoking marijuana and had a history of substance abuse, but had completed treatment in the past. At the time of the investigation, she was fully employed, maintained her home, and provided for her children’s needs. Drug screens conducted after the investigation began were all negative, and no evidence indicated she failed to provide food, shelter, supervision, or other necessities for her children.The Circuit Court of Roane County relied on the mother’s objection to a requested hair follicle drug test—though no such test was ordered—to infer she was using more serious drugs than marijuana. This inference, combined with her past substance abuse and communications with the dealer, led the court to find her neglectful, deny her improvement periods, and terminate her custodial rights. The children’s guardian ad litem disagreed with these actions, while the Department of Human Services supported the court’s decision.The Supreme Court of Appeals of West Virginia reviewed the case and found that the circuit court abused its discretion by making an adverse inference of substance abuse without evidentiary support and by adjudicating neglect in the absence of evidence that the mother failed to supply her children with necessary care as required by statute. The Supreme Court of Appeals reversed the adjudicatory and dispositional orders and remanded the case with instructions to dismiss the petition, directing the lower court to establish appropriate reunification terms and a parenting plan as necessary. View "In re K.J." on Justia Law

In March 2022, a man assaulted his elderly mother while she was living with him in a mobile home in Ona, West Virginia. The victim contacted her sister for help, who then called 911. Law enforcement found the victim distressed and injured, and she made statements implicating her son in repeated abuse, use of a firearm, and firing a shot in the home. Officers found multiple firearms and evidence suggesting a gun had been fired. The victim, due to ill health, gave deposition testimony before trial but passed away prior to trial. At trial, her deposition was presented, and other witnesses recounted her statements and their observations.The Circuit Court of Cabell County presided over the trial, where the defendant was convicted by a jury of malicious assault, use or presentment of a firearm during the commission of a felony, domestic battery, wanton endangerment, and being a person prohibited from possessing a firearm. The defense challenged the admission of certain hearsay evidence and the denial of a limiting jury instruction concerning hearsay. After sentencing, the defendant appealed specifically contesting his convictions for use or presentment of a firearm during the commission of a felony and wanton endangerment.The Supreme Court of Appeals of West Virginia reviewed the case. It held that the trial court erred in admitting certain out-of-court statements through an officer’s testimony, as those statements did not satisfy any hearsay exception. However, the court found that for the use or presentment of a firearm charge, there was sufficient unobjected-to evidence to support the conviction, and the error was harmless as to that count. In contrast, for wanton endangerment, the remaining evidence was insufficient without the inadmissible hearsay, making the error prejudicial. The court affirmed the conviction for use or presentment of a firearm, reversed the conviction for wanton endangerment, and remanded for further proceedings. View "State v. Cain" on Justia Law

Andrea Dale Dye was named as a defendant in a timber trespass lawsuit after her neighbors, the Bradleys, discovered in 2017 that timber had been removed from their property. Ms. Dye had previously entered into a contract in 2016 with Jones Hauling, allowing them to remove timber from her property, but the Bradleys alleged that their property was wrongfully timbered as a result. The Bradleys sought damages against Ms. Dye and others, including claims for treble damages. Ms. Dye was insured by Farmers & Mechanics Mutual Insurance Company of West Virginia (F&M), which defended her under a reservation of rights while seeking a judicial declaration on whether coverage was owed under the policy.The Circuit Court of Marion County granted summary judgment in favor of F&M, finding that an exclusion in the homeowner’s policy precluded coverage for Ms. Dye. On appeal, the Intermediate Court of Appeals of West Virginia affirmed, agreeing that the policy’s business exclusion barred coverage, though it did so based on a different portion of the exclusion than the circuit court. The lower courts also rejected Ms. Dye’s claims that F&M had waived or was estopped from asserting coverage defenses, finding no evidence of intentional relinquishment or detrimental reliance.The Supreme Court of Appeals of West Virginia reviewed the case de novo and affirmed the decision of the Intermediate Court of Appeals. The court held that the “business” exclusion in the insurance policy applied to exclude coverage for the timbering activities, even though the business was conducted by a third party from Ms. Dye’s property. The court also held that neither waiver nor estoppel could operate to create coverage where none existed under the clear policy terms, and found no bad faith by the insurer that would warrant an exception to this rule. The court therefore affirmed summary judgment in favor of F&M. View "Daye v. Farmers & Mechanics Mutual Insurance Company of West Virginia" on Justia Law

A defendant was indicted in 1999 on numerous felonies, including multiple counts of third-degree sexual assault, filming a minor in sexually explicit conduct, drug offenses, burglary, conspiracy, and grand larceny. Following a jury trial on the sexual offenses, the defendant was convicted on all counts. He subsequently entered a plea agreement on the remaining charges. At sentencing, the trial judge imposed consecutive sentences on each count, resulting in an effective sentence of 53 to 155 years in prison. The judge cited numerous factors for the sentence, including the defendant's lack of remorse. The defendant’s initial appeals and habeas petitions failed, including a challenge under the Interstate Agreement on Detainers Act and a prior Rule 35(a) motion challenging the legality of his sentence.The Circuit Court of Ohio County later granted, in part, a second Rule 35(a) motion and reduced several of the defendant’s sentences, ordering that some terms run concurrently rather than consecutively. The court acknowledged the sentence was not illegal but deemed it “not acceptable” based on its perceived harshness, the defendant’s age at the time of the offense, and the sentencing judge’s demeanor. The State then petitioned the Supreme Court of Appeals of West Virginia for a writ of prohibition.The Supreme Court of Appeals of West Virginia held that the circuit court erred by granting relief under Rule 35(a) without finding the sentence illegal and by reducing or modifying a legal sentence outside the time limits permitted for such action. The court found that the defendant’s sentence was within statutory limits and not based on any impermissible factor, and that consideration of the defendant’s lack of remorse did not violate his rights. The writ of prohibition was granted, and the case was remanded with instructions to reinstate the original sentence. View "State ex rel. State v. Barki" on Justia Law

A mother was accused of emotionally abusing her three children and failing to protect one child from self-harming behaviors. The allegations included breaking down a bedroom door with two children inside, threatening a child with a spiked baseball bat, using derogatory language including racial slurs, and throwing objects at the children. The West Virginia Department of Human Services filed an abuse and neglect petition, and the children were placed in the custody of their non-offending father.The Circuit Court of Berkeley County held adjudicatory and dispositional hearings, finding that the mother engaged in verbal and emotional abuse as well as domestic violence affecting the children. Although the court’s adjudicatory order included findings that the mother failed to provide for the children’s basic needs, used excessive corporal punishment, and demonstrated a pattern of physical abuse, all parties agreed these findings were not supported by the record. The court denied the mother’s request to amend the adjudicatory order and ultimately terminated her custodial and guardianship rights after concluding she had not sufficiently improved and failed to acknowledge the harm caused.The Supreme Court of Appeals of West Virginia reviewed the case. Applying an abuse of discretion standard to substantive rulings and clear error review to factual findings, the court held that the circuit court’s decision to terminate the mother’s custodial and guardianship rights was not an abuse of discretion, as the evidence supported emotional abuse and domestic violence. The court affirmed the dispositional order, affirmed the adjudicatory order in part, vacated those unsupported findings, and remanded with instructions to amend the adjudicatory order. The court clarified that West Virginia law permits termination of custodial and/or guardianship rights while leaving parental rights intact when in the best interests of the child. View "In re M.G." on Justia Law

SWN Production Company, LLC sought to drill multiple horizontal natural gas wells on a 301-acre tract within the City of Weirton, West Virginia. The City required a conditional use permit for oil and gas extraction under its zoning ordinance. SWN applied for such a permit, and the City’s Board of Zoning Appeals (BZA) held hearings where community members raised concerns about traffic, noise, and the effect on local development. The BZA denied SWN’s application, citing incompatibility with the City’s comprehensive development plan and other adverse impacts. Afterward, SWN obtained a drilling permit from the West Virginia Department of Environmental Protection (DEP).SWN filed two actions in the Circuit Court of Brooke County: a petition for a writ of certiorari challenging the BZA’s decision and a complaint seeking a declaration that the City’s zoning ordinance was preempted by state law, especially the Natural Gas Horizontal Well Control Act. The circuit court rejected SWN’s preemption argument and affirmed the BZA’s denial of the permit. SWN appealed both rulings to the Intermediate Court of Appeals of West Virginia (ICA). The ICA reversed the circuit court on the preemption issue, finding the City’s ordinance conflicted with state law, but dismissed SWN’s appeal of the certiorari ruling for lack of jurisdiction.The Supreme Court of Appeals of West Virginia reviewed both appeals. It held that there was no irreconcilable conflict between the City’s zoning ordinance and the state’s environmental statutes; rather, any overlap was incidental and not preempted. The Court reversed the ICA’s decision on preemption and reinstated the circuit court’s order dismissing SWN’s facial preemption challenge. Regarding the certiorari appeal, the Court affirmed the ICA’s dismissal, holding that the ICA lacked subject-matter jurisdiction to review extraordinary remedies such as certiorari. View "City of Weirton v. SWN Production Company, LLC" on Justia Law

The case arose when a minor, K.B., disclosed in an online school assignment that she had been molested at home. After the mandatory reporting process, K.B. stated during a forensic interview that her stepfather, Brendan W., had touched her inappropriately on two occasions, when she was seven and eleven years old. Brendan W. was indicted by a grand jury on two counts of sexual abuse by a parent, guardian, custodian, or person in a position of trust to a child, and two counts of sexual abuse in the first degree. The relevant count of the indictment specifically alleged sexual abuse in the first degree “and the lack of consent was the result of forcible compulsion.”In the Circuit Court of Fayette County, the trial judge acquitted Brendan W. of sexual abuse in the first degree by forcible compulsion under West Virginia Code § 61-8B-7(a)(1) due to insufficient evidence of forcible compulsion. However, the court determined that the indictment’s language, which included the birthdates of the defendant and victim, also provided notice of a charge under § 61-8B-7(a)(3) (sexual abuse in the first degree where the perpetrator is over fourteen and the victim under twelve). The jury was instructed accordingly and convicted Brendan W. of one count each of sexual abuse in the first degree (under § 61-8B-7(a)(3)) and sexual abuse by a parent, guardian, custodian, or person in a position of trust to a child.The Supreme Court of Appeals of West Virginia held that the indictment charged Brendan W. only under the “forcible compulsion” subsection and did not sufficiently allege the elements required for conviction under § 61-8B-7(a)(3). Instructing the jury under that alternative subsection constituted an impermissible amendment to the indictment. The court reversed the conviction for sexual abuse in the first degree, affirmed the conviction for sexual abuse by a parent, guardian, custodian, or person in a position of trust, and remanded the case for further proceedings. View "State v. Brendan W." on Justia Law

The case arose from the fatal shooting of Matt Hendershot by his ex-wife, Rida Shahid Hendershot, in his home following an acrimonious period during which she had been living there post-divorce. The petitioner claimed the shooting was accidental, occurring while moving firearms, but subsequent forensic evidence suggested that the firearm, owned by the petitioner, could not have discharged accidentally due to multiple safety features. Additional evidence presented at trial included testimony and messages describing a pattern of threatening and violent behavior by the petitioner toward the victim, including prior incidents involving weapons.The Circuit Court of Berkeley County, after pretrial hearings, admitted evidence of several prior violent acts by the petitioner, both as intrinsic to the charged crimes and under Rule 404(b) of the West Virginia Rules of Evidence, finding them relevant to issues such as motive and lack of accident. The court also admitted expert testimony describing general patterns of domestic violence, over the petitioner’s objection. The jury convicted the petitioner of second-degree murder and felony use of a firearm, and she was sentenced to consecutive terms of imprisonment. The petitioner’s post-trial motions for judgment of acquittal or a new trial, arguing insufficiency of the evidence and erroneous evidentiary rulings, were denied by the Circuit Court.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the lower court’s judgment. The court held that the admission of prior acts evidence was not an abuse of discretion, finding it either intrinsic to the charged conduct or admissible under Rule 404(b), and that the expert testimony on domestic violence dynamics was relevant and properly admitted. The court also concluded that the evidence presented at trial was sufficient to support the jury’s verdict, and found no reversible error in the denial of the petitioner’s post-trial motions. View "State v. Hendershot" on Justia Law

A privately owned water utility company provides water services to multiple customers in Raleigh and Fayette Counties, West Virginia. Near one of its service areas is an undeveloped tract of land known as the Appalachian Heights Site. The City of Mount Hope, a municipal water provider, received funding from the legislature, county commissions, and a developer to extend water service to this Site. After Mount Hope proposed annexing the Site, the utility company filed a complaint with the Public Service Commission (PSC), seeking to prevent Mount Hope from serving the Site, claiming exclusive rights to provide water there.Initially, the PSC’s chief administrative law judge found the Site to be within the utility company’s exclusive service territory, but no cease and desist order was issued. This recommended decision became final when no exceptions were filed. After Mount Hope annexed the Site, the utility company petitioned the PSC to reopen the case, seeking an order to enforce its exclusivity. The PSC reopened the matter, remanded for further proceedings, and eventually, after Mount Hope filed exceptions to a subsequent recommended decision re-affirming the utility’s exclusivity, the PSC found the Site to be in a “gray and overlapping” service area. This meant that future developers or customers at the Site could choose either provider. The utility company’s petition for reconsideration was denied.The Supreme Court of Appeals of West Virginia reviewed whether the PSC exceeded its statutory authority by reconsidering its prior decision and whether it properly found the Site to be in a gray and overlapping service territory. The court held that the PSC had authority to revisit its prior order and that, under applicable statutes and commission tests, the PSC’s finding that the Site was in a gray and overlapping service area was supported by the evidence. The court affirmed the PSC’s order. View "Beckley Water Company v. Public Service Commission of West Virginia" on Justia Law