Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the decision of the circuit court granting a preliminary injunction, holding that the court did not err when it found Plaintiff had a likelihood of succeeding on the merits of its claims and was likely to suffer irreparable harm in the absence of action by the court.Pachira Energy LLC entered into an agreement with Northeast Natural Energy LLC establishing the Blacksville Area of Mutual Interest (Blacksville AMI) and setting forth guidelines for exploiting oil and gas leases and other mineral interests. Pachira later filed a complaint against Northeast Natural Energy LLC alleging that Northeast was breaching various agreements and was abusing its power to benefit itself, to the detriment of Pachira. Among other requests for relief, Pachira sought a permanent injunction stop Northeast's use of a jointly-owned water system within the Blacksville AMI to support Northeast's drilling operations outside the Blacksville AMI and to sell water to third parties outside the Blacksville AMI. The circuit court granted Pachira's motion for a preliminary injunction. The Supreme Court affirmed, holding that it was fair for the circuit court to preserve the status quo until the parties' resolve the merits of their dispute and that there was no error in the preliminary injunction order. View "Northeast Natural Energy LLC v. Pachira Energy LLC" on Justia Law

In this abuse and neglect proceeding initiated against Mother for three minor children the Supreme Court granted a writ of prohibition sought by the minor children's guardian ad litem (GAL) seeking an order prohibiting the circuit court from granting a post-dispositional improvement period to Mother, holding that the circuit court erred in granting the improvement period in this case.The GAL argued that the improvement period was improperly granted because the children had been in foster care for more than fifteen of the most recent twenty-two months. The Supreme Court granted a writ of prohibition, holding that the circuit court committed clear error of law in granting an improvement period that exceeded the time limits on foster care imposed by W. Va. Code 49-4-610(9) 49-4-610(9) without sufficient findings that the grant of this improvement period was in the best interest of the children. View "State ex rel. S.W. v. Honorable Wilson" on Justia Law

The Supreme Court reversed the order of the circuit court granting summary judgment for Defendant and dismissing Plaintiff's age discrimination claim, holding that genuine issues of material fact remained as to whether Defendant was entitled to the benefit of a severance agreement and general release.Plaintiff, who worked for nineteen years as an area supervisor of One Stop convenience stores, lost his job after Defendant leased approximately forty-one of those stores. Plaintiff applied for a job with Defendant but was not hired. Plaintiff filed suit alleging age discrimination in violation of the West Virginia Human Rights Act. Defendant moved for summary judgment, arguing that Plaintiff had released any employment-related claims against Defendant when he executed a severance agreement and general release with his former employer and its corporate affiliates. The circuit court granted the motion. The Supreme Court reversed, holding that genuine issues of material fact existed as to the applicability of the release agreement to Plaintiff's claim against Defendant. View "Henzler v. Turnoutz, LLC" on Justia Law

The Supreme Court reversed Petitioner's conviction for one count of second-degree murder and remanded the case for a new trial, holding that the circuit court erred in instructing the jury for both second-degree murder and voluntary manslaughter.A jury convicted Petitioner of second-degree murder, and the circuit court sentenced Petitioner to the maximum term of forty years in prison. On appeal, the Supreme Court reversed, holding (1) the circuit court erred in instructing the jury that it could convict Petitioner of second-degree murder if it found intent to kill or to cause great bodily injury; and (2) the circuit court erred in instructing the jury that it could not convict Petitioner of voluntary manslaughter as a lesser included offense of second-degree murder without proof of sudden provocation and heat of passion. View "State v. Drakes" on Justia Law

The Supreme Court vacated a 2018 sentencing order entered by the circuit court after a third trial that failed to suspend Petitioner's sentence of ten to twenty-five years' incarceration in favor of probation, holding that the sentence was an impermissible increase in penalty under State v. Eden, 256 S.E.2d 868 (W. Va. 1979).In 2014, Petitioner was convicted of attempted sexual abuse in the first degree and sexual assault in the second degree. For sexual assault in the second degree, Petitioner was sentenced to ten to twenty-five years' incarceration, suspended in favor of five years' probation. The Supreme Court reversed the convictions and remanded for a new trial. A second trial ended in a mistrial. In 2018, after a third trial, Petitioner was again convicted of attempted sexual abuse in the first degree and sexual assault in the second degree. In its new sentencing order, the circuit court failed to suspend the sentence of ten to twenty-five years' incarceration in favor of probation. The Supreme Court vacated the 2018 sentencing order, holding that the sentence violated Petitioner's due process rights. View "State v. Varlas" on Justia Law

The Supreme Court affirmed the decision of the circuit court denying Defendant's' motion to dismiss the indictment in his case, holding that West Virginia's felon in possession of a firearm statute is not void for vagueness.Defendant entered a conditional guilty plea to the charge of felon in possession of a firearm. Defendant later appealed the order of the circuit court denying his motion to dismiss the indictment, arguing (1) the felon in possession of a firearm statute, W. Va. Code 61-7-7(b), is void for vagueness; or (2) in the alternative, the predicate statute that served as the basis for his conviction was not a crime of violence against the person of another. The Supreme Court affirmed, holding (1) section 61-7-7(b) is constitutional; and (2) a prior felony conviction for wanton endangerment in the first degree is a crime of violence against the person of another within the meaning of section 61-7-7(b). View "State v. Mills" on Justia Law

The Supreme Court affirmed Defendant's conviction for incest, sexual assault in the third degree, and sexual abuse by a parent, guardian, custodian or person in a position of trust to a child, holding that there was no error.Defendant's first trial resulted in a hung jury, and his second trial resulted in a conviction on nine counts. The Supreme Court affirmed the convictions, holding (1) the first trial did not result in Defendant's acquittal based on the circuit court's manner of polling the jury; (2) the circuit court did not err when it continued Defendant's first trial past the first term of court over Defendant's objection; (3) there was no error in the circuit court's decision to allow the jury to hear the State's DNA evidence; (4) the circuit court did not err in refusing to dismiss a juror who admitted to knowing the victim and the prosecutor; and (5) the doctrine of cumulative error did not apply in Defendant's case. View "State v. Jeremy S." on Justia Law

In a dispute over ownership of certain oil and gas leases and royalty interests the Supreme Court affirmed the judgment of the circuit court granting partial summary judgment for Plaintiff and concluded that an unrecorded assignment of leasehold interests to Defendant did not defeat a subsequent modification and surrender of those same interests to Plaintiff, holding that the circuit court did not err.Specifically, the circuit court concluded that an unrecorded assignment of leasehold interests to Defendant U.S. Exploration, LLC did not defeat a subsequent modification and surrender of those same interests to Plaintiff Griffin Producing Company. The Supreme Court affirmed, holding that the circuit court did not err in concluding that the assignment and surrender from Magnum Oil Corporation to Griffin Producing Company “were valid documents that transferred title in the subject overriding royalty interests and surrendered the subject leasehold estates as of the time of their recording.” View "U.S. Exploration, LLC v. Griffin Producing Co." on Justia Law

The Supreme Court affirmed the order of the circuit court affirming Defendant's conviction for one count of domestic battery, holding that law enforcement officers' entry into Defendant's home was reasonable under the emergency doctrine exception to the warrant requirement.After a magistrate court jury trial, Defendant was found guilty of domestic battery of his wife and sentenced to ten days in jail. The circuit court affirmed, holding that the officers' entry into Defendant's home fell under the exigent circumstances exception to the Fourth Amendment and that, therefore, the officers acted reasonably. The Supreme Court affirmed, holding (1) the warrantless entry into Defendant's home fell within the emergency doctrine exception to the warrant requirement; and (2) Defendant was not entitled to reversal on his remaining allegations of error. View "State v. Rexrode" on Justia Law

The Supreme Court affirmed an order of the circuit court sentencing Defendant for one count of assault in the commission of a felony and one count of burglary, holding that Defendant waived his sole assignment of error on appeal.On appeal, Defendant argued that the circuit court erred during his sentencing hearing in considering a previously expunged charge in its decision to incarcerate him instead of placing him on probation. In response, the State argued that Defendant failed timely to object in the proceeding below. The Supreme Court agreed with the State, holding that that Defendant waived his assignment of error. View "State v. Bleck" on Justia Law