Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court reversed the "order of permanent placement" entered by the circuit court awarding custody of two children to Uncle and Aunt, holding that the circuit court erred in concluding that, as a matter of law, there exists, in the abuse and neglect context, a relative preference other than the preference afforded to grandparents and siblings.In selecting Children's Uncle and Aunt to be the children's permanent custodians, the circuit court determined that a "blood relative" preference exists in addition to the statutory preferences afforded to siblings and grandparents in abuse and neglect proceedings. Foster Parents appealed, arguing that there does not exist a preference for relatives in addition to the grandparent and sibling preferences established by the legislature. The Supreme Court agreed and remanded this case for entry of an order permanently placing the children with Foster Parents, holding (1) the circuit court erred by finding there exists a blood relative preference and relying on that preference as a basis for placing the children with Aunt and Uncle; and (2) the best interests of the children would best be promoted by allowing them to remain in Foster Parents' home. View "In re K.L." on Justia Law

The Supreme Court affirmed Petitioner's felony conviction for two counts of delivery of a controlled substance but reversed the circuit court's order sentencing him to life in prison with mercy in accordance with the recidivist statute, W. Va. Code 61-11-18, holding that the sentence violated the proportionality clause of the state Constitution.The circuit court imposed a recidivist life sentence based upon Petitioner's conviction for delivery of a controlled substance and two prior felony convictions for unlawful wounding and conspiracy to commit the felony of transferring stolen property. The Supreme Court affirmed the conviction but reversed the sentence and remanded the case for resentencing, holding (1) there was sufficient evidence to convict Petitioner of two counts of delivery of a controlled substance; but (2) the imposition of a life sentence with mercy was unwarranted and an abuse of discretion. View "State v. Lane" on Justia Law

The Supreme Court affirmed the decision of the circuit court denying Petitioner's motion to set aside a default judgment entered against him, holding that the circuit court did not abuse its discretion in denying Petitioner's motion to set aside the default judgment.Respondent filed a breach of contract claim against Petitioner for allegedly failing to pay insurance premiums. Petitioner did not respond to Respondent's properly served complaint, and Respondent obtained a default judgment against him. Nearly sixteen months later, Petitioner filed a motion to set aside the default judgment on the grounds that he was not a proper party to the action. The circuit court denied the motion as untimely because the grounds on which Petitioner sought to have the judgment set aside were subject to a one-year limitation period under W. Va. Rule 60(b). The Supreme Court affirmed, holding (1) Petitioner's grounds to set aside the judgment were untimely under Rule 60(b); and (2) while void judgments are not subject to the strict time frame set forth in Rule 60(b), the circuit court did not lack personal jurisdiction over Petitioner so as to render the judgment void. View "Amoruso v. Commerce & Industry Insurance Co." on Justia Law

The Supreme Court affirmed the order of the circuit court granting relief to the State in a writ of prohibition proceeding, holding that the circuit court applied the correct statute in order to grant relief to the State.The order of the circuit court at issue prohibited enforcement of a magistrate's order that granted deferred adjudication to Petitioner in a criminal prosecution for driving under the influence (DUI), second offense. The State filed a petition for a writ of prohibition asking the circuit court to prohibit enforcement of the magistrate's order. The circuit court found that the State was entitled to the writ because W. Va. Code 17C-5-2(r) and 17C-5-2b do not permit suspension of a sentence for a DUI offense or participation in the deferral program by defendants charged with second offense DUI. The Supreme Court affirmed, holding that a person charged with DUI under W. Va. Code 17C, 5 may only seek deferred adjudication as permitted by section 17C-5-2b and that the deferred adjudication allowed under W. Va. Code 61-11-22a is not available to a person charged with a DUI offense. View "State v. Honorable Debra Ditto" on Justia Law

In this excessive force action brought under 42 U.S.C. 1983, the Supreme Court affirmed the decision of the circuit court denying summary judgment in favor of Petitioners, correctional officers and the warden at Mount Olive Correction Center (MOCC), on grounds of qualified immunity, holding that genuine issues of material fact precluded summary judgment in this matter.Respondent, an inmate at MOCC, brought this action asserting violations of his federal constitutional rights. The circuit court concluded that Petitioners were not entitled to summary judgment because genuine issues of material fact existed concerning the excessive force, deliberate indifference, and supervisory liability claims brought against them. The Supreme Court affirmed, holding (1) given the genuine issues of material fact in this matter, Petitioners were not entitled to summary judgment based on qualified immunity; and (2) the circuit court's order sufficiently addressed the parties' disparate factual allegations and the legal standards upon which the court's decision was based. View "McCourt v. Delgado" on Justia Law

The Supreme Court reversed the circuit court's order that affirmed a family court order denying the petition for modification filed by Mother seeking to relocate with her children to Kentucky, holding that the lower courts did not properly apply the provisions of W. Va. Code 48-9-403 when denying Mother’s petition to relocate with her children.The family court denied Mother’s request for relocation, and the circuit court upheld the denial. The Supreme Court reversed and remanded for entry of an order granting Mother’s petition for modification and establishing a new parenting plan, holding (1) the lower courts committed reversible error when they failed to consider evidence of caretaking functions when calculating custodial responsibility; and (2) because the unrebutted evidence showed that Mother’s relocation was legitimate and in good faith, the lower courts clearly erred in denying Mother’s request. View "Nicole L. v. Steven W." on Justia Law

In this negligence case, the Supreme Court reversed the order of the circuit court denying the motion to dismiss filed by the West Virginia Department of Health and Human Resources petitioners (DHHR Petitioners), holding that the DHHR Petitioners were entitled to qualified immunity.Respondents filed a complaint against the DHHR alleging that the DHHR negligently failed and refused to pursue subsidized guardianship for the infant in this case and negligently failed to take appropriate action in the best interest of that infant to obtain permanency and a final disposition. Respondents further alleged that, due to the DHHR’s failure, they were forced to hire counsel and file a petition for guardianship and that the infant was unjustly denied a monthly subsidy for ten years due to the actions of the DHHR Petitioners. The circuit court denied the DHHR Petitioners’ motion to dismiss, finding that qualified immunity did not bar Respondents’ claims. The Supreme Court reversed, holding that no basis for piercing the DHHR Petitioners’ qualified immunity existed. View "West Virginia Department of Health & Human Resources v. V.P." on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting summary judgment against Petitioners in their action against Respondents based upon a coal lease agreement between the parties and granting summary judgment against Respondents’ counterclaim, holding that there was no error to the dismissal of the parties’ respective claims.In granting summary judgment against Petitioners, the circuit court concluded that Respondents had no obligation to diligently mine coal and did not have to make royalty payments based upon comparable sales by other mining companies. The circuit court also granted summary judgment against Respondents’ counterclaim seeking damages for Petitioners’ refusal to consent to an assignment or sublease of the coal lease and for alleged tortious interference with an asset agreement Respondents had with another company. The Supreme Court affirmed, holding that there was no error in the circuit court’s judgment. View "Bruce McDonald Holding Co. v. Addington Inc." on Justia Law

The Supreme Court affirmed the circuit court’s order terminating Mother’s custodial rights but leaving intact her parental rights, holding that the circuit court’s account of the evidence was plausible in light of the record viewed in its entirety.Father was granted sole custody of the minor child in this case. Thereafter, the circuit court terminated the custodial rights of Mother but left intact Mother’s parental rights to the child. On appeal, Father argued that Mother’s parental rights should have been terminated based on the circuit court’s factual findings. The Supreme Court affirmed, holding that there was no reason to disturb the circuit court’s dispositional ruling. View "In re B.S." on Justia Law

The Supreme Court reversed a consolidated order of the Circuit Courts of Randolph, Barbour and Upshur Counties pursuant to which the Tax Commissioner’s determination was upheld that Penn Virginia Operating Company’s (Penn) forest properties were not eligible for lower valuation for tax year 2016, holding that Penn was deprived of its right to an administrative appeal of the denial of its application.Penn sought to have its timberland taxed at a lower appraised value subject to a cooperative contract with the State Division of Forestry (Forestry) pursuant to the Division’s Managed Timberland Program. The consolidated order in this case denied relief from the Commissioner’s determination that Penn’s forest properties were not eligible for lower valuation because Penn filed its application with Forestry for certification of its properties as managed timberland sixteen days after the deadline. The Supreme Court reversed and remanded this case with directions to allow Penn to appeal the denial of its application to Forestry’s Director, holding that Penn received incorrect information from Forestry and could have appealed the denial but was advised otherwise. View "Penn Virginia Operating Co., LLC v. Honorable Phyllis K. Yokum" on Justia Law