Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court reversed the order of the circuit court denying the petition brought by Petitioners, Mother and Stepfather, to allow Stepfather to adopt R.L., a minor child, holding that W. Va. Code 48-22-306(a) does not preclude a finding of abandonment in a case where the birth parent has the ability to ascertain the child's whereabouts during the relevant time frame but willfully fails to do so.Because Respondent Father contested R.L.'s adoption the circuit court was require to analyze whether Father abandoned the child under section 48-22-306. The circuit court denied the adoption petition, concluding that Father did not abandon R.L. because (1) section 48-22-306(a)(2) permits a finding of abandonment only where the parent "fails to visit or otherwise communicate with the child when [he] knows where the child resides"; and (2) Father did not know where R.L. resided at the time the adoption petition was filed or in the preceding six months. The Supreme Court reversed and remanded this case for further proceedings, holding that the circuit court erred in concluding that it was precluding from finding abandonment because Father did not know where R.L. resided without any consideration as to whether Father could have ascertained that information. View "In re Adoption of R.L." on Justia Law

The Supreme Court affirmed the amended sentencing order and the denial of Petitioner's motion for a judgment of acquittal, holding that there was no error in Petitioner's convictions or sentences.Petitioner was convicted of four counts of sexual abuse by a parent, guardian, custodian, or person in a position of trust (counts one through four) and four counts of sexual abuse in the first degree (counts five through eight). Petitioner filed a motion to correct an illegal sentence. The circuit court corrected Petitioner's sentence as to count four. In these consolidated appeals, Petition raised an ex post facto violation relative to the jury's instruction and, alternatively, sought a reduction in his sentence based on ex post facto principles baed on the fact that his criminal conduct that led to his conviction on count three occurred before the statute was amended to increase the penalty. The Supreme Court affirmed, holding that the circuit court (1) did not err in concluding that there was sufficient evidence of sexual abuse after the statutory amendments to subject him to the harsher penalty; and (2) did not err in denying Petitioner's motion for a judgment of acquittal. View "State v. Todd C." on Justia Law

The Supreme Court affirmed the judgment of the circuit court sentencing Petitioner to ten to twenty-five years' imprisonment after he pleaded guilty to second-degree sexual assault, holding that the circuit court's failure to explicitly discuss the mandatory mitigating circumstances listed in W. Va. Code 61-11-23(c) before ordering the final sentence was not prejudicial.On appeal, Petitioner argued that the circuit court failed to consider the "mitigating circumstances" set forth in section 61-11-23(c) and that his sentence was constitutionally disproportionate. The Supreme Court affirmed the sentence, holding (1) Petitioner's substantial rights were not affected by the circuit court's failure to acknowledge and consider the statutory mitigating circumstances; and (2) Petitioner's argument that his sentence was constitutionally disproportionate due to his age and mental capacity was unavailing. View "State v. Hall" on Justia Law

The Supreme Court affirmed the decision of the circuit court declaring Respondent as the owner in fee of all of the property and appurtenances of the property in dispute in this case, holding that the circuit court did not err in granting title of the disputed property to Respondent.Respondent filed a complaint against Petitioners, who were the guardians and conservators for their father, alleging that the father had conveyed title to the disputed property to him by a deed that was never recorded, that Respondent had title under a claim of adverse possession, and that Petitioners were unjustly enriched by the improvements Respondent built upon the land. After a bench trial, the circuit court declared that Respondent was the owner in fee of the disputed property. The Supreme Court affirmed, holding that the circuit court did not err in its factual findings or conclusions of law in regard to Respondent's right to title in the disputed property based on the deed between the father and Respondent that was later lost or stolen. View "Sandy M. v. Donald M." on Justia Law

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 reversed the order of the circuit court denying Petitioner's requested writ of mandamus against Respondent, the Commissioner of the West Virginia Division of Corrections and Rehabilitation, holding that the circuit court erred in denying a writ of mandamus.In his self-represented petition for a writ of mandamus Petitioner asserted that the Commissioner had a duty to "develop a policy directive and/or operational procedure" that was in compliance with W. Va. Code 15A-4-17(i), which was passed during the 2018 legislative session. The circuit court denied the requested writ. The Supreme Court reversed, holding (1) section 15A-4-17(i)(2) imposed upon the Commissioner a clear legal duty to adopt a written policy effectuating the purposes of "this subsection," which included the entirety of subsection (i); and (2) Petitioner had no other adequate remedy at law. View "Freeland v. Marshall" 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 reversed the order of the circuit court affirming the judgment of the family court awarding Jennifer W. $10,000 of spousal support, payable over twelve months, holding that the family court's award of spousal support in gross was error.Jennifer filed for divorce from her husband Michael W. after nearly nineteen years of marriage. The family court entered an order awarding "spousal support in gross" of $10,000. Jennifer appealed, arguing that the family court abused its discretion by awarding "lump sum" alimony instead of permanent spousal support. The Supreme Court agreed and reversed, holding that the in gross award was clearly inadequate and constituted an abuse of discretion. View "Jennifer W. v. Michael W." on Justia Law

The Supreme Court dismissed this appeal of the circuit court's orders, the latter of which denied Appellants' motion for summary judgment, in this action alleging that Petitioners acted negligently in their handling of an incident where S.D. was inappropriately touched by a fellow student in the hallway of a high school, holding that the orders appealed from did not present an appealable ruling.In their notice of appeal, Petitioners asserted that the individual defendants were entitled to dismissal pursuant to W. Va. Code 29-12A-5(b)(2) because the order at issue found that the individual defendants did not act maliciously, in bad faith, or in a wanton or reckless manner. Petitioners further contend that the board of education was immune from liability pursuant to W. Va. Code 29-12A-5(a)(4). The Supreme Court dismissed the appeal, holding that the orders presented in this appeal were interlocutory, did not fall within the collateral order doctrine, and did not otherwise present an appealable ruling. View "Kanawha County Board of Education v. S.D." on Justia Law