Justia West Virginia Supreme Court of Appeals Opinion Summaries

After a jury trial, Defendant was convicted of murder in the first degree and malicious wounding. Defendant was sentenced to life imprisonment without the possibility of parole for the murder count and up to ten years' imprisonment for the malicious wounding count. The Supreme Court affirmed Defendant's convictions and sentences, holding (1) the trial court did not err in denying Defendant's pretrial motion to dismiss the indictment on the basis of perjured testimony because the jury was made fully aware that a false statement was made to Defendant's grand jury; (2) sufficient evidence supported Defendant's convictions; and (3) the trial court did not err by permitting the State to introduce two prior acts of violence that Defendant committed against the victim. View "State v. Carter" on Justia Law

Plaintiff's six-year-old daughter Amber was diagnosed with La Crosse encephalitis at the Charleston Area Medical Center (CAMC). After Amber began having seizures, Dr. Caceres, the on-call attending physician for the pediatric intensive care unit employed by Pediatrix Medical Group (Respondent), intubated Amber. Amber died the following day. Petitioner filed a medical malpractice suit against CAMC and Respondent. The circuit court entered summary judgment in favor of Respondent, concluding that Petitioner's expert could point to no evidence establishing that Dr. Caceres breached the standard of care and could not state to a reasonable degree of medical probability that any alleged acts of Dr. Caceres proximately caused Amber's death. The Supreme Court affirmed, holding that the circuit court did not err in finding that Petitioner failed to produce sufficient evidence to preclude entry of summary judgment. View "Dellinger v. Pediatrix Med. Group, P.C." on Justia Law

After a jury trial, Defendant was convicted of first degree murder and sentenced to life in prison without the possibility of parole. The Supreme Court affirmed the judgment on appeal. Defendant later filed a petition for habeas relief. After an omnibus hearing, the circuit court found that Defendant was denied effective assistance of counsel because trial counsel failed to investigate a confession by a third party that he had killed the victim. The State appealed. The Supreme Court affirmed the circuit court's order granting Defendant habeas relief in the form of a new trial, holding that Defendant's counsel provided constitutionally deficient performance and that, but for counsel's errors, there was a reasonable probability the results of the proceedings would have been different. View "Ballard v. Ferguson" on Justia Law

Hess Oil Company asserted an unfair trade practices claim against two insurance companies. The jury returned a verdict against the insurance companies and awarded punitive damages. The circuit court, however, reduced the amount of the award by means of remittitur. The insurance companies appealed, contending that the trial court erred by giving conflicting jury instructions, introducing improper evidence of future remediation costs, and awarding punitive damages. Hess also appealed, challenging the court's reduction of its punitive damages award. The Supreme Court set aside the jury verdict and remanded for a new trial, holding that the trial court committed multiple errors, and the errors affected the jury's verdict in a manner prejudicial to the insurance companies. View "AIG Domestic Claims, Inc. v. Hess Oil Co., Inc." on Justia Law

Joe Mallory called McDowell County 911 to request assistance, reporting that a man was threatening to kick in his door and harm him. A dispatcher took Mallory's call. After the Dispatcher learned the man had left Mallory's home, Dispatcher explained to Mallory there was no longer a need for a trooper to come to his home. A trooper did not travel to Mallory's home, and Mallory did not call for further assistance. It was later determined that the threatening man had robbed and killed Mallory. The administratrix of Mallory's estate (Plaintiff) filed a wrongful death action against the dispatcher and McDowell County 911 (collectively, McDowell County 911), among others. The circuit court granted summary judgment to McDowell County 911, concluding that County 911 did not owe a special duty of care to Mallory. The Supreme Court affirmed, holding that the circuit court correctly awarded summary judgment to McDowell County 911 because Plaintiff failed to establish that they owed a special duty of care to Mallory. View "Upchurch v. McDowell County 911" on Justia Law

Plaintiff filed a deliberate intent action alleging he was injured while constructing a mine portal canopy at defendant Frontier Coal Company's camp. On the final day of trial, a conversation took place between a trial representative of Frontier and a juror. The circuit court granted Plaintiff's motion to disqualify the juror and seated an alternate juror on the jury. The jury subsequently conducted deliberations and entered a verdict in favor of Defendants. Thereafter, Plaintiff filed a motion to set aside the jury's verdict and order a new trial based on the alleged improper juror contact. The circuit court granted the motion. The Supreme Court reversed, holding (1) the conversation between the juror and Frontier's representative raised a presumption of prejudice, but the potential prejudice was remedied when the trial court removed the juror and replaced him with an alternate juror before jury deliberations began; and (2) the circuit court abused its discretion when it granted Plaintiff's motion to set aside the jury's verdict and order a new trial because the speculative prejudice the trial court relied upon did not meet the standard set forth in State v. Johnson to set aside a jury's verdict. Remanded. View "Bluestone Indus., Inc. v. Keneda" on Justia Law

These consolidated cases involved tax assessments for Petitioner's property. In the first appeal, Petitioner challenged the 2010 tax assessment to his property. The Board of Review and Equalization determined that Petitioner's appeal was not timely filed, and the circuit court affirmed. In the second appeal, Petitioner sought to adjust the 2011 assessment of his property, asserting that the Assessor erred in using a cost approach analysis to determine the value of the property to be $7.5 million. The Board ordered that the assessed value be reduced to approximately $6.5 million. The circuit court affirmed the Board's reduction in value. The Supreme Court reversed the circuit court's orders pertaining to both the 2010 and 2011 assessments, holding (1) the circuit court erred in finding that Petitioner's appeal of the 2010 tax assessment was untimely; and (2) the Board abused its discretion in utilizing a hybrid income approach to adjust the 2011 assessment, and because Petitioner failed to establish that the Assessor's cost approach assessment was erroneous, the 2011 tax assessment for the property should be adjusted to reflect the Assessor's initial cost approach assessment value. View "Lee Trace LLC v. Raynes" on Justia Law

Respondents, owners of coal-bearing properties in Taylor County, challenged tax assessments on their properties during the 2010 tax year. The County Assessor challenged the State Tax Commissioner's appraisals of Respondents' property in hearings before the Board of Equalization and Review after she had previously accepted those appraisals. The Board of Equalization and Review accepted the Assessor's proposed changes and changed the valuations of Respondents' properties, thus increasing the natural resources property tax owed by Respondents. The circuit court reversed the Board's valuation changes, finding that the Assessor violated W. Va. Code 11-1C-10(g) by challenging the Commissioner's appraisals. The Supreme Court affirmed, holding (1) pursuant to section 11-1C-10(g), upon receiving the appraisal of natural resources property from the Commission, a county assessor may either accept or reject that proposal; (2) if the assessor rejects the appraisal, the assessor must show just cause for doing so; and (3) if the assessor accepts the appraisal, the assessor is foreclosed from later challenging the appraisal. View "Collett v. Eastern Royalty, LLC" on Justia Law

Petitioner and his political party leader filed a post-election mandamus action seeking the removal of Anthony Veltri, who had been elected and sworn into office as a county commissioner, on the grounds that Veltri did not reside in the proper district, and accordingly, was not eligible for election. The circuit court granted summary judgment to Petitioner and issued a writ of mandamus removing Veltri from his post. The court then seated Petitioner in Veltri's stead as county commissioner. The Supreme Court reversed, holding that the issuance of the writ of mandamus was improper, as mandamus was not a proper proceeding by which to challenge the election results, Petitioner was unable to show a clear legal right to the relief sought, and another adequate post-election remedy was available to Petitioner. View "Veltri v. Parker" on Justia Law

After a jury trial, Defendant was convicted of voluntary manslaughter, wanton endangerment, and carrying a concealed weapon without a permit. Defendant appealed, arguing, among other things, that he was denied his constitutional right to an effective cross-examination when the trial court interrupted defense counsel's cross-examination of a key witness and directed counsel to meet with prosecutors and the witness to prepare questions for the continuation of the cross-examiantion. The Supreme Court reversed Defendant's convictions and remanded for a new trial, holding that the circuit court deprived Defendant of his constitutional right to an effective cross-examination by requiring defense counsel to prepare the witness in advance for the continuation of cross examination. View "State v. Garner" on Justia Law