Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the orders entered by the circuit court granting summary judgment to Defendants in the underlying action brought after investigators identified unsafe, non-sterile injection techniques, holding that the circuit court did not err.Plaintiffs, a pain management clinic and its physician, brought the underlying action alleging that the West Virginia Department of Health and Human Resources, West Virginia Bureau for Public Health, and its former Commissioner and State Health Officer (collectively, the DHHR Defendants) breached their duty of confidentiality when they issued a press release announcing that Defendants used unsafe injection practices and encouraging Plaintiffs' patients to be tested for bloodborne illnesses. Plaintiffs also sued the West Virginia Board of Ostseopathic Medicine and its executive director (together, the BOM Defendants), asserting a due process claim for failing to timely provide a hearing after their summary suspension of the physician's medical license. The circuit court concluded that the DHHR defendants were entitled to qualified immunity and that the claim against the BOM defendants was barred by res judicata. The Supreme Court affirmed, holding that there was no error in the circuit court's judgment. View "Chalifoux v. W. Va. Dep't of Health & Human Resources" on Justia Law

The Supreme Court vacated Defendant's conviction of attempt to possess pseudoephedrine in an altered state and remanded this case for further proceedings, holding that the circuit court plainly erred by finding a factual basis for Defendant's no contest plea.Defendant was charged in an indictment with possession of pseudoephedrine in an altered state, a felony. Defendant pled nolo contendere to attempt to possess pseudoephedrine in an altered state and was sentenced to one to three years' imprisonment. Defendant appealed, challenging the circuit court's denial of his motion to dismiss. The Supreme Court vacated Defendant's conviction, holding that the circuit court erred when it found that a factual basis existed for a plea to attempt to commit possession of pseudoephedrine in an altered state where the only evidence was Defendant's possession of completed methamphetamine. View "State v. Finley" on Justia Law

The Supreme Court vacated Defendant's conviction of attempt to possess pseudoephedrine in an altered state and remanded this case for further proceedings, holding that the circuit court plainly erred by finding a factual basis for Defendant's no contest plea.Defendant was charged in an indictment with possession of pseudoephedrine in an altered state, a felony. Defendant pled nolo contendere to attempt to possess pseudoephedrine in an altered state and was sentenced to one to three years' imprisonment. Defendant appealed, challenging the circuit court's denial of his motion to dismiss. The Supreme Court vacated Defendant's conviction, holding that the circuit court erred when it found that a factual basis existed for a plea to attempt to commit possession of pseudoephedrine in an altered state where the only evidence was Defendant's possession of completed methamphetamine. View "State v. Finley" on Justia Law

The Supreme Court affirmed the judgment of the circuit court finding that Defendant had not been lawfully arrested without a warrant and thus reversing the decisions of the West Virginia Division of Motor Vehicles (DMV) to revoke Defendant's driver's license, holding that the circuit court did not err.A law enforcement officer arrested Defendant in his home without a warrant for a misdemeanor committed elsewhere. Rhe officer articulated no urgent need to arrest Defendant and admitted that he could have obtained a warrant from an impartial magistrate. The DMV applied evidence suggesting that Defendant might have driven while intoxicated from the scene of the misdemeanor to his home in three separate decisions revoking Defendant's driver's license. The circuit court reversed the revocation decisions, concluding that they were clearly wrong in light of the now-repealed W. Va. Code 17C-5A-2(f)(2). The Supreme Court affirmed, holding that the circuit court did not err in concluding that the DMV's suspension orders were founded upon an unlawful arrest. View "Frazier v. Briscoe" on Justia Law

The Supreme Court affirmed in part and reversed in part the order of the circuit court denying motions to dismiss this tort action brought against correction officers Bryon Whetzel and Isaiah Blancarte and West Virginia Division of Corrections and Rehabilitation (DOC), holding that the circuit court erred in denying DOC's motion to dismiss Plaintiff's negligent training and supervision claim.Plaintiff asserted three claims against the officers, including failure to protect and deliberate indifference, and two claims against the DOC - failure to train and adequately supervise and vicarious liability for the violation of his clearly established rights under the Eighth Amendment. In denying Defendants' motions to dismiss, the Supreme Court concluded that Plaintiff alleged sufficient particularized facts to satisfy the heightened pleading requirement. The Supreme Court reversed in part, holding that the circuit court (1) did not err in denying the officers' motions to dismiss; (2) did not err in denying DOC's motion to dismiss the vicarious liability count; but (3) erred in denying DOC's motion to dismiss the negligent training and supervision count because the allegations in the complaint were insufficient to deprive DOC of the immunity from suit that otherwise attaches to its discretionary functions of training and supervising employees. View "W. Va. Division of Corrections & Rehabilitation v. Robbins" on Justia Law

The Supreme Court affirmed in part and reversed in part Defendant's conviction of attempted murder in the second degree and other crimes, holding that the principles of double jeopardy were violated by Defendant's convictions for brandishing a deadly weapon and wanton endangerment involving Deputy Coty Pierson.Defendant was convicted of, among other crimes, two counts of wanton endangerment, one involving Deputy Pierson and the other involving Jeffrey Barnhouse, and brandishing a deadly weapon. The Supreme Court reversed in part and remanded the case for resentencing, holding (1) the jury verdict finding Defendant guilty of malicious assault on a law enforcement officer should not be set aside; (2) it was plain error for Defendant to have been convicted and sentenced for brandishing and wanton endangerment of Deputy Pierson because those crimes were lesser included offenses of the offense of malicious assault on a law enforcement officer; and (3) the trial court did not favor the State during Defendant's trial. View "State v. Ward" on Justia Law

The Supreme Court affirmed the order of the circuit court resentencing Petitioner, for purposes of this appeal, to an aggregate term of incarceration of five to twenty-five years for her convictions for child neglect resulting in death and gross child neglect creating a risk of substantial injury or death, holding that Petitioner was not entitled to relief.On appeal, Petitioner argued that the circuit court violated her right under the Sixth Amendment to conflict-free counsel and that the State violated Brady v. Maryland, 373 U.S. 83 (1963), by failing to disclose certain records. The Supreme Court disagreed and affirmed, holding (1) the trial court did not err in finding that even if counsel's performance was deficient, the deficient performance did not adversely affect the outcome of the trial; and (2) there was no merit in Petitioner's contention that a Brady violation occurred in this case. View "State v. A.B." on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Petitioner's motion to suppress evidence that law enforcement discovered her minor child in Petitioner's home after the child absconded from her grandparents' supervision, holding that there was no error.Petitioner entered a conditional plea to one count of child concealment. At issue on appeal, was the trial court's denial of Petitioner's motion to suppress evidence that her child, who had been adjudicated as a status offender for truancy and placed in a temporary guardianship with her grandparents, was discovered in her home after escaping from her grandparents' supervision five months prior. The Supreme Court affirmed, holding (1) the officers had a reasonable belief that the child lived with Petitioner at her apartment and was within the residence at the time they entered; and (2) therefore, there was no error in the circuit court's denial of Petitioner's motion to suppress. View "State v. Pennington" on Justia Law

The Supreme Court affirmed the order of the circuit court granting summary judgment to Clay County Development Corporation (CCDC) in regard to Petitioners' claims of discrimination in violation of the West Virginia Human Rights Act, W. Va. Code 5-11-2 and -9, and breach of an implied employment contract, holding that the circuit court did not err.Specifically, the Supreme Court held (1) as used in the Act, ancestry means discrimination based on some characteristic like race, ethnicity, or national origin that is passed down by lineal descendants, and in the context of employment, familial status is not included among the groups entitled to protection under the Act; and (2) the circuit court did not err in its finding that Plaintiffs were at-will employees and as such could be terminated for any non-discriminatory reason. View "Keener v. Clay County Development Corp." on Justia Law

The Supreme Court vacated the adjudicatory and dispositional orders of the circuit court in this termination of parental rights case, holding that the circuit court erred when it terminated Father's parental rights because Father did not receive proper notice of the hearing at which he was purportedly adjudicated.The circuit court terminated Father's parental rights for allegedly abandoning his infant son. Father proposed two assignments of error claiming that he was denied an adjudicatory hearing for a determination whether the child had been abuse and/or neglected as alleged. The Supreme Court vacated the circuit court's order, holding (1) Father did not receive proper notice that the hearing at issue was an adjudicatory hearing from him, and without such notice, Father was not provided due process; and (2) without first holding an adjudicatory hearing, the circuit court could not lawfully proceed to disposition and termination of Father's parental rights. View "In re A.G." on Justia Law