Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court denying Petitioner's petition for writ of habeas corpus, holding that Petitioner failed to meet his burden of proof.Defendant was convicted of first-degree robbery, conspiracy, and entry of a dwelling. The Supreme Court affirmed. Defendant later filed a petition for a writ of habeas corpus asserting that his trial counsel provided ineffective assistance by failing to introduce certain evidence and by not requesting specific jury instructions and that the prosecutor knowingly presented false testimony. The circuit court denied the petition. The Supreme Court affirmed, holding (1) Defendant failed to prove ineffective assistance of counsel; and (2) Defendant's second assignment of error lacked merit. View "Goodman v. Searls" on Justia Law

The Supreme Court reversed the order of the circuit court affirming the decision of the Office of Administrative Hearings (OAH) reversing an order revoking Respondent's driving privileges for driving a motor vehicle while under the influence of alcohol, controlled substances and/or drugs with a blood alcohol content of .15 or higher, holding that the circuit court erred.In reversing the order revoking Respondent's driving privileges the OAH determined that the officer's failure to comply with Respondent's demands for a blood test violated Respondent's rights to due process under W. Va. Code 17C-5-9. The circuit court affirmed. The Supreme Court reversed, holding (1) in proceedings involving the revocation of a driver's license for DUI where a driver demands a blood test but the test is never given, a chemical analysis of the blood that is withdrawn is never completed, or the blood test results are lost, the trier of fact must consider three factors; and (2) this case must be remanded to the OAH for a new hearing that is to be conducted consistent with this opinion. View "Frazier v. Talbert" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing Plaintiff's claims against Activate Healthcare, LLC under W. Va. R. Civ. P. 12(b)(6), holding that the circuit court did not err in concluding that Plaintiff's factual allegations against Activate were insufficient to establish a claim of aiding and abetting under the West Virginia Human Rights Act.Plaintiff was working at Constellium Rolled Products Ravenswood, LLC when she requested a change in her duties to accommodate her medical condition. Plaintiff was directed to Activate, Constellium's on-site medical provider, for a physical activity report, but Activate issued more than one report. Constellium terminated Plaintiff based on one of the reports and later returned to work. After Plaintiff unsuccessfully filed a grievance seeking lost wages during her break in employment she sued Constellium, Activate, and other defendants, alleging retaliation and discrimination. The circuit court dismissed Plaintiff's aiding and abetting claim against Activate for failure to state a claim. The Supreme Court affirmed, holding that nothing in the complaint could be construed to establish the elements of an aiding and abetting claim. View "Boone vs. Activate Healthcare, LLC" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting and sentencing Defendant for first-degree robbery, holding that Defendant's assignments of error did not merit relief.Defendant and his girlfriend were indicted for robbing a gambling parlor. Before trial, the girlfriend agreed to testify against Defendant. After Defendant made a series of jailhouse phone calls to his girlfriend, she withdrew her plea agreement and declared she would not testify against Defendant. The circuit court granted the State's motion to admit the girlfriend's recorded statement into evidence. The Supreme Court affirmed, holding (1) the circuit court did not err in granting the State's motion to admit the girlfriend's out-of-court statement under the forfeiture-by-wrongdoing doctrine; (2) the circuit court properly found that Defendant had engaged in wrongdoing that would support the admission of the girlfriend's out-of-court statement; (3) Defendant did not receive ineffective assistance of trial counsel; and (4) the court's answer to a jury question was not in error. View "State v. Jako" on Justia Law

The Supreme Court reversed Defendant's conviction and sentence for manufacturing a controlled substance, holding that the circuit court erred in denying Defendant's motion to suppress evidence that Defendant argued was the fruit of an illegal entry and search of his home.Law enforcement went to Defendant's home to serve a domestic violence emergency protective order (EPO) that prohibited Defendant from possessing firearms and provided for the surrender of firearms to the officer serving the EPO. The officers concluded that the EPO served as a search warrant permitting them to enter and search Defendant's home for weapons. When the officers stepped into the residence, they smelled marijuana and performed a protective sweep, including a pat down of Defendant. Defendant filed a motion to suppress the evidence, which the circuit court denied. The Supreme Court reversed, holding (1) an EPO is not a de facto search warrant, and no exception to the warrant requirement applied to otherwise validate the entry into and search of Defendant's home; and (2) therefore, the circuit court erred in denying Defendant's motion to suppress. View "State v. Snyder" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count of driving under the influence causing serious bodily injury and sentencing him to life in prison, with mercy, holding that there was no error.After the jury returned a guilty verdict, the State filed a recidivist information alleging that Defendant had previously been convicted of two prior felony offenses. The Supreme Court affirmed, holding (1) the circuit court did not err in denying Defendant's motions for a mistrial; (2) the State provided sufficient evidence of Defendant's prior Maryland conviction; and (3) the sentence imposed by the trial court was not an unconstitutionally disproportionate punishment under W. Va. Const. art. III, 5. View "State v. Costello" on Justia Law

The Supreme Court granted a writ of prohibition sought by the prosecuting attorney of Monongalia County to prohibit the circuit court from enforcing its order suppressing Cesar Felix's statement to Morgantown police and certain DNA evidence, holding that the circuit court committed clear legal error.Cesar Felix worked at a restaurant where a woman claimed that she was sexually assaulted upon leaving. When police interviewed him, Defendant denied any involvement in the crime and consented to a DNA search by cheek swab. The DNA evidence linked Felix to the crime, and he was subsequently charged with two counts of sexual assault. Defendant filed a motion to suppress his statement and the DNA evidence, claiming that he was not given Miranda warnings or advised of his right to refuse his consent to the DNA search. The circuit court granted the motion. The Supreme Court reversed, holding (1) Defendant was not in custody when he gave his statement, and therefore, no Miranda warnings were required; (2) Defendant's Fifth Amendment privilege against self-incrimination and due process rights were not violated; and (3) Defendant's Fourth Amendment protection against unreasonable searches was not violated. View "State ex rel. DeChristopher v. Gaujot" on Justia Law

The Supreme Court reversed the order of the circuit court that denied Petitioner's appeal of an order of the family court modifying an infant guardianship order to prohibit Petitioner from having any contact with his child, J.B., holding that Petitioner's due process rights were violated.On appeal, Petitioner argued that the family court erred by failing to give him adequate notice or the opportunity to be heard at the final hearing in this matter. The Supreme Court agreed and reversed the circuit court's final order, holding that Petitioner was not afforded his due process rights as the father of J.B. when he was not afforded the opportunity to refute the family court's assumption that he was unfit to have contact with his child. The Court remanded this case for a full evidentiary hearing before the family court. View "David C. v. Tammy S." on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing Plaintiff's complaint claiming failure to accommodate, gender discrimination, hostile work environment, and retaliation, holding that the circuit court did not err.In dismissing the complaint, the circuit court found that Plaintiff's claims were barred by the doctrine of res judicata because they could have been raised in an earlier lawsuit between the same parties. Plaintiff appealed, arguing (1) she was foreclosed from raising her claims during the earlier proceeding because the deadline for amendments to the pleadings had passed, and (2) the claims were different from those raised in the earlier lawsuit. The Supreme Court affirmed, holding that the circuit court properly found that res judicata was a bar to the litigation of Plaintiff's claims. View "Baker v. Chemours Co. FC, LLC" on Justia Law

The Supreme Court vacated the order of the circuit court modifying the disposition of this case to terminate Petitioners' parental rights under W. Va. Code Ann. 49-4-604(c)(6), holding that the circuit court erred in modifying the disposition absent a motion under section 49-4-606 and that the parties were deprived of due process when they were not notified that the circuit court intended to take up a motion to modify disposition.In 2017, the circuit court ordered a "section 5" disposition, concluding that Petitioners were unwilling or unable to provide for B.W.'s needs and that there were no parenting services available specifically tailed to Petitioners' need for reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. 12101 through 12213. The court did not terminate Petitioners' parental rights at that time but dismissed the case from its docket. In 2019, the circuit court held a status hearing and sua sponte modified the case's disposition to terminate Petitioners' parental rights. The Supreme Court vacated the order, holding that termination of Petitioners' parental rights violated the procedure required by section 49-4-606 to modify disposition and denied Petitioners due process. View "In re B.W." on Justia Law