Justia West Virginia Supreme Court of Appeals Opinion Summaries

Petitioners alleged, in addition to claims of gender discrimination and invasion of privacy, that they were discharged from their employment with West Virginia Department of Health and Human Services (DHHR) for discovering and alerting others to alleged errors or irregularities with the procurement process utilized by DHHR. The trial court granted summary judgment to DHHR and two DHHR officials (collectively, Respondents) on the entirety of Petitioners’ claims, concluding that Petitioners failed to create a genuine issue of material fact surrounding their claims and that Respondents were entitled to qualified immunity on Petitioenrs' claims. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) did not err in granting summary judgment as to Petitioners’ retaliatory discharge, gender discrimination, and false light invasion of privacy claims; but (2) erred in concluding that Petitioners failed to demonstrate a genuine issue of material fact on their whistle-blower claim and concluding, as a matter of law, that Petitioners’ evidence could not satisfy the statutory requirements. View "Taylor v. W. Va. Dept. of Health & Human Res." on Justia Law

After a jury trial, Petitioner was convicted of twenty counts of possession of material visually portraying a minor engaged in sexually explicit conduct. Petitioner also received a related recidivist conviction. Through a second amended sentencing order Petitioner was sentenced to a total period of incarceration of seventeen years. The Supreme Court affirmed Petitioner’s convictions and sentences, holding (1) the trial court did not err when it allowed expert opinion testimony concerning the ages of the children depicted in the images; (2) the evidence was sufficient to support the convictions; (3) Petitioner was not denied his constitutional right to a fair trial when the trial court allowed the State to present hearsay testimony; and (4) Petitioner’s convictions did not violate the constitutional prohibition against double jeopardy. View "State v. Shingleton" on Justia Law

Petitioner filed a complaint seeking a writ of mandamus to compel the return of items seized by a state police trooper (Trooper) in his execution of a search warrant at Petitioner’s business premises. In his complaint, Petitioner alleged that the search warrant was an improper general warrant. Also named as a defendant was the former prosecuting attorney for Mineral County (Prosecutor). The circuit court denied Petitioner’s complaint. Petitioner appealed. The Supreme Court affirmed, holding that the circuit court properly denied Petitioner’s complaint seeking a writ of mandamus because mandamus was not a proper remedy in this case. View "Pristine Pre-Owned Auto, Inc. v. Courrier" on Justia Law

After a jury trial, Petitioner was convicted of robbery in the first degree, nighttime burglary, and conspiracy. At issue in this case were two plea deals offered by the State. The first was a pre-trial offer and the second was a post-conviction offer regarding a recidivist action. Petitioner filed a petition for writ of habeas corpus alleging that his trial counsel was ineffective by giving erroneous advice before trial and by failing adequately to prepare him for his trial testimony. After an omnibus hearing, the circuit court denied relief. The Supreme Court affirmed, holding that the circuit court correctly determined that Petitioner could not establish a reasonable probability that, but for counsel’s errors, the result of the proceedings would have been different. View "Raines v. Ballard" on Justia Law

The State filed an information charging Caleb Toparis with the misdemeanor offenses of domestic assault and domestic battery. Toparis filed a motion to dismiss the information, asserting that his right to a speedy trial had been violated because he had not been tried on the charges within one year of the execution of the warrant. The circuit court granted the motion to dismiss. The State sought a writ of prohibition to prohibit the circuit court from dismissing the two misdemeanor charges against Toparis, contending that the circuit court erred in finding that Toparis’s right to a speedy trial had been violated. The Supreme Court granted the requested writ, holding that Toparis’s right to a speedy trial was not violated in this case. View "State ex rel. Sorsaia v. Hon. Stowers" on Justia Law

After a jury trial, Defendant was convicted of fleeing in a vehicle, possession with intent to deliver a schedule II controlled substance (cocaine), and possession with intent to deliver a schedule II controlled substance (methamphetamine). Prior to trial, Defendant moved to suppress the evidence a police officer discovered upon searching Defendant’s vehicle, arguing that no probable cause existed for either the traffic stop or the subsequent search. The trial court denied the motion. The Supreme Court reversed Defendant’s convictions and resultant sentences and remanded, holding that the warrantless search of Defendant’s vehicle was unlawful, and therefore, the circuit court erred by not suppressing the evidence found during that search. View "State v. Noel" on Justia Law

After a jury trial, Defendant was convicted of felony murder and conspiracy to commit burglary. Defendant was sentenced to life with mercy on his conviction of felony murder. The Supreme Court affirmed, holding (1) Defendant’s statements to a police officer in a police cruiser on the way to jail were voluntarily made and thus properly admitted into evidence; (2) the circuit court did not abuse its discretion in admitting a witness’s hearsay statements, as the statements were not testimonial and were admissible under a firmly rooted hearsay exception; (3) the circuit court did not abuse its discretion in admitting phone call statements Defendant made from jail, which were recorded by jail authorities; (4) the circuit court did not abuse its discretion in admitting either exemplar shoes purchased by the State as a demonstrative aid or an investigator’s opinion testimony concerning the shoes; and (5) the evidence at trial was sufficient to support the convictions. View "State v. Bouie" on Justia Law

Defendant entered an Alford plea of guilty to unlawful assault. Defendant was subsequently notified that he would be processed for deportation to Jamaica because of his felony conviction. When Defendant was discharged from his sentence he was turned over to the federal government for deportation proceedings. Defendant filed a petition for a writ of error coram nobis, alleging that his trial counsel was deficient for failing to inform him that his guilty plea could result in his being deported. The circuit court denied relief, concluding (1) the writ of error coram nobis did not exist in West Virginia, (2) a claim of ineffective assistance of counsel is not a recognized ground for relief under the writ, and (3) Defendant failed to show that his counsel did not inform him of the deportation consequences of his guilty plea. The Supreme Court reversed, holding (1) in West Virginia, the common law writ of error coram nobis is available in criminal proceedings; and (2) courts permit a constitutional legal error claim to be brought under the writ of error coram nobis so long as the framework adopted in this opinion for asserting a constitutional legal error is followed. Remanded for the circuit court to apply the test to the facts of this case. View "State v. Hutton" on Justia Law

Respondents brought an action against their employer and its CEO (collectively, Petitioners) alleging gender discrimination in violation of the West Virginia Human Rights Act and sexual harassment based on a hostile work environment. After a jury trial, Respondents were awarded $250,000 each for emotional distress as compensatory damages and $250,000 each in punitive damages. Petitioners filed post-trial motions for judgment as a matter of law or for a new trial and requested a review of the punitive damages award. The circuit court denied Petitioners’ motions. The Supreme Court (1) affirmed the order of the circuit court to the extent that it denied Petitioners’ motion for judgment as a matter of law or for a new trial on Respondents’ award of compensatory damages for their hostile work environment claims, holding that the evidence was sufficient to support their claims for sexual harassment based on hostile work environment; but (2) reversed the circuit court’s order to the extent that it denied Petitioners’ motion for judgment as a matter of law on Respondents’ award of punitive damages, holding that there was insufficient evidence to satisfy the standards for the imposition of punitive damages. View "Constellium Rolled Prods. Ravenswood v. Griffith" on Justia Law

Petitioner pled guilty to the willful and knowing violation of the terms of a domestic protective order. After a jury trial, Petitioner was found guilty of burglary by entering without breaking, abduction with the intent to defile, and second degree sexual assault. Prior to sentencing, Petitioner was found guilty of recidivism. The Supreme Court affirmed Petitioner’s convictions and attendant sentencing, holding (1) Petitioner’s convictions of abduction with intent to defile and second degree sexual assault did not violate Petitioner’s constitutional right against double jeopardy; (2) the State’s evidence was sufficient to convict Petitioner of the crimes of burglary and second degree sexual assault; (3) the trial court correctly instructed the jury on the elements of abduction with intent to defile; and (4) the trial court did not commit prejudicial error related to Petitioner’s recidivist conviction and sentencing. View "State v. Lewis" on Justia Law