Justia West Virginia Supreme Court of Appeals Opinion Summaries

M.D., a high school soccer player, sought a waiver from the West Virginia Secondary School Activities Commission (WVSSAC) to play for both her high school and club soccer teams during the same season. The WVSSAC denied her request, leading M.D. and her parents to file a lawsuit seeking a preliminary injunction to prevent the enforcement of the WVSSAC's Non-school Participation Rule, which prohibited participation in non-school teams during the school season for team sports but not for individual sports.The Circuit Court of Ohio County granted M.D. a preliminary injunction, allowing her to play for both teams. Subsequently, the court granted her summary judgment and a permanent injunction, ruling that the Non-school Participation Rule was arbitrary and capricious because it unfairly differentiated between team and individual sports without a rational basis.The WVSSAC appealed the circuit court's decision. While the appeal was pending, the WVSSAC's Board of Control amended the Non-school Participation Rule to eliminate the distinction between team and individual sports, applying the same restrictions to all student athletes regardless of the type of sport.The Supreme Court of Appeals of West Virginia reviewed the case and determined that the amendments to the Non-school Participation Rule rendered the appeal moot. The court found that the substantive changes to the rule addressed the issues raised by M.D., and there were no sufficient collateral consequences or issues of great public interest that warranted further review. Consequently, the court dismissed the appeal as moot. View "West Virginia Secondary School Activities Commission v. David D. and Elizabeth D., Parents and Legal Guardians of M.D." on Justia Law

The petitioner was convicted in the Circuit Court of Barbour County, West Virginia, of multiple counts of sexual assault, sexual abuse, and displaying obscene material to a minor. The charges stemmed from disclosures made by an eight-year-old girl, C.M., who described being sexually assaulted by the petitioner, her mother's boyfriend. The petitioner was sentenced to an effective term of 115 to 375 years in prison.The trial was initially set for January 2020 but was continued multiple times, with the final trial date set for July 2021. The petitioner moved for a continuance to investigate new disclosures by C.M. and to conduct a psychological evaluation of her, which the court denied. During the trial, the court admitted evidence of the petitioner’s internet search history for child pornography under Rule 404(b) without giving a limiting instruction to the jury. The jury convicted the petitioner on all counts.The Supreme Court of Appeals of West Virginia reviewed the case. The court found that the Rule 404(b) evidence was properly admitted after thorough consideration and that the failure to give a limiting instruction was not plain error. The court also held that the denial of the continuance for a psychological evaluation was not an abuse of discretion, as the petitioner failed to show a compelling need for it. The court declined to address the petitioner’s claims regarding the jury questions and due process violations due to the lack of a complete record and suggested these issues could be developed in post-conviction proceedings.The court affirmed the petitioner’s convictions, finding no reversible error in the trial court’s decisions. View "State of West Virginia v. Keith Jason Walker" on Justia Law

In this case, Appalachian Power Company and Wheeling Power Company sought to recover approximately $552.9 million in under-recovered costs for the period from March 1, 2021, through February 28, 2023. The Public Service Commission of West Virginia disallowed $231.8 million of the requested amount, concluding that the companies had made imprudent and unreasonable decisions regarding their coal stockpiling, which led to higher costs from purchasing energy rather than generating it themselves. The Commission allowed the recovery of the remaining $321.1 million over a ten-year period with a 4% carrying charge.The Commission's decision followed a series of proceedings, including the 2021 and 2022 ENEC cases, where it had expressed concerns about the companies' reliance on purchased power and their failure to maintain adequate coal supplies. The Commission had previously ordered the companies to increase self-generation and maintain a minimum 69% capacity factor for their coal-fired plants. Despite these directives, the companies continued to rely heavily on purchased power, leading to significant under-recoveries.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the Commission's finding that the companies acted imprudently and unreasonably. However, the Court reversed the Commission's disallowance of $231.8 million, finding that the Commission had relied on extra-record evidence (coal reports) without giving the companies notice or an opportunity to address this evidence, thus violating their due process rights. The Court remanded the case to the Commission to allow the companies to address the coal reports and the calculation of the disallowance. View "Appalachian Power Company and Wheeling Power Company v. Public Service Commission of West Virginia" on Justia Law

The case involves a mother (Mother) whose parental rights to her children, D.H., M.H., and J.S., were terminated by the Circuit Court of Berkeley County. The Department of Human Services (DHS) received multiple referrals over the years regarding allegations of abuse and neglect against Mother, but initially did not file a petition. The father of D.H. and M.H. filed for a protective order after M.H. disclosed sexual abuse, leading to an administrative action and the appointment of a guardian ad litem (GAL) for the children. Subsequently, the father, with the GAL, filed an abuse and neglect petition alleging physical abuse, substance abuse, and failure to care for the children.The circuit court ordered the DHS to join the petition despite its initial objection. Mother contested the allegations, claiming the children were coached to lie. She requested public funding for an expert to review the children's forensic interviews, which the court denied, finding the expert unnecessary. The court conducted in camera interviews with D.H. and M.H., finding their disclosures consistent and credible. During the adjudicatory hearings, various witnesses, including the children’s therapist and forensic interviewer, testified about the abuse and neglect. The court found the allegations proven by clear and convincing evidence and adjudicated Mother as an abusing and neglecting parent.The Supreme Court of Appeals of West Virginia reviewed the case. It held that the circuit court did not violate the separation of powers doctrine by ordering the DHS to join the petition, as both the judiciary and executive branches have overlapping obligations to protect the best interests of children. The court also found no error in denying Mother’s request to hire an expert, as the proposed testimony would not aid the court, which is the trier of fact. The court affirmed the circuit court’s findings of abuse and neglect by clear and convincing evidence and upheld the termination of Mother’s parental rights, noting her failure to acknowledge the full extent of the abuse and neglect. View "In re D.H., M.H., and J.S." on Justia Law

The case involves the defendant, Andrew Jackson McCauley, Jr., who was convicted of first-degree murder, death of a child by a custodian, and concealment of a deceased human body. The victim, R.C., a fifteen-year-old girl, lived with her mother, brothers, and the defendant. R.C. was last seen alive on May 7, 2019. Her body was discovered on May 16, 2019, in a rural area. Evidence included blood and saliva found in her bedroom, and circumstantial evidence linking the defendant to the crime scene, such as drywall mud and roofing screws found near the body and in the defendant's truck.The Circuit Court of Morgan County denied the defendant's motion for a change of venue, finding that an impartial jury could be seated despite pretrial publicity. The court also admitted expert testimony from a cadaver dog handler, which the defendant challenged on the grounds of reliability and potential prejudice. The court found the testimony admissible, noting the handler's extensive qualifications and the corroborative circumstantial evidence.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the lower court's decisions. The court held that the defendant failed to demonstrate that pretrial publicity created a hostile sentiment that would prevent a fair trial. The court also upheld the admission of the cadaver dog evidence, finding it met the reliability and relevance standards under Rule 702 and Daubert. Finally, the court found sufficient evidence to support the convictions, including the defendant's erratic behavior, false statements, and physical evidence linking him to the crime. The court concluded that the jury could reasonably find the defendant guilty beyond a reasonable doubt. View "State v. McCauley" on Justia Law

Kyle John Schober was convicted of possessing a controlled substance with intent to deliver after a traffic stop revealed marijuana, THC extract, and cocaine in his vehicle. He was sentenced to one-to-fifteen years imprisonment, suspended in favor of five years of probation, with conditions including drug treatment and random drug screens.Schober later obtained a medical cannabis identification card under the West Virginia Medical Cannabis Act and sought to modify his probation conditions to allow the use of medical cannabis. The Circuit Court of Berkeley County denied his initial motion, finding insufficient evidence of a valid PTSD diagnosis and treatment. Schober filed a renewed motion with additional documentation, but the court again denied the motion, questioning the validity of his medical cannabis card and finding that his use of cannabis would not support his rehabilitation or community safety.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the lower court's decision. The court held that the West Virginia Cannabis Act does not supersede West Virginia Code § 62-12-9, which allows courts to impose conditions on probation, including prohibiting the use of marijuana. The court found no conflict between the statutes and concluded that probation conditions can restrict otherwise lawful conduct to support rehabilitation and public safety. Additionally, the court noted that Schober's possession of marijuana would violate federal law, specifically the Controlled Substances Act, and thus violate the conditions of his probation under West Virginia Code § 62-12-9(a)(1). View "State of West Virginia v. Schober" on Justia Law

In this case, the petitioner, Aaron W., appealed an order from the Intermediate Court of Appeals of West Virginia (ICA) that dismissed his appeal of a family court order. The family court had disqualified Aaron W.'s attorney from representing him in a divorce proceeding due to a conflict of interest, as the attorney had previously represented both parties in a related personal injury case. The family court's order included language indicating it was a final, appealable order.Initially, Aaron W. sought a writ of prohibition from the Circuit Court of Kanawha County to prevent the family court from ruling on the disqualification motion, arguing that the family court lacked jurisdiction. The circuit court denied the writ, and the Supreme Court of Appeals of West Virginia affirmed, holding that family courts have the authority to disqualify attorneys in cases of conflict of interest.Aaron W. then appealed the family court's disqualification order to the ICA, which dismissed the appeal, concluding that the order was interlocutory and that it lacked jurisdiction over such appeals. Aaron W. subsequently appealed the ICA's dismissal to the Supreme Court of Appeals of West Virginia.The Supreme Court of Appeals of West Virginia affirmed the ICA's dismissal, holding that the family court's disqualification order was not a final order because it did not terminate the litigation on the merits. The court explained that the ICA generally does not have appellate jurisdiction over interlocutory appeals, as specified by West Virginia Code § 51-11-4(d)(8). The court also noted that the family court's inclusion of finality language in its order did not transform the interlocutory order into a final, appealable order. Consequently, the ICA correctly dismissed the appeal for lack of jurisdiction. View "Aaron W. v. Evelyn W." on Justia Law

Stephen Cross, the defendant in the underlying action, sought a writ of prohibition to prevent the Circuit Court of Randolph County from enforcing its order denying the State’s motion to dismiss an indictment charging him with murder and using a firearm during the commission of a felony. The State’s motion to dismiss asserted that Cross’s actions were justified by self-defense and that there was no evidence to prove otherwise beyond a reasonable doubt. The circuit court denied the motion, reasoning that the case must proceed to trial to avoid public misconception and because a grand jury had returned the indictment.Previously, the Randolph County Prosecuting Attorney recused himself due to a conflict of interest, and the court appointed Brian Hinkle as special prosecuting attorney. Hinkle later sought to withdraw, citing a conflict of interest and his belief that prosecuting Cross would result in a manifest injustice. The court allowed Hinkle to withdraw and appointed John Ours as the new special prosecutor. Ours filed a motion to dismiss the indictment, citing insufficient evidence to disprove self-defense beyond a reasonable doubt. The circuit court denied this motion, emphasizing the need for a jury trial to address public perception and the grand jury’s indictment.The Supreme Court of Appeals of West Virginia granted the writ of prohibition in part, finding that the circuit court clearly erred and exceeded its legitimate powers by denying the State’s motion to dismiss. The court held that when the State seeks a dismissal and the defendant consents, the court must determine whether the dismissal is consistent with the public interest in the fair administration of justice. A dismissal meets this standard if the State acts in good faith at the time it seeks dismissal. The court found that the State acted in good faith and that the circuit court improperly substituted its judgment for that of the prosecution. The writ was denied in part regarding the circuit court’s orders sealing certain documents and precluding public discussion of the case. View "State ex rel. Cross v. Wilmoth" on Justia Law

In 2001, Barry White was convicted of multiple sexual offenses against his four minor stepchildren. The children did not testify at trial due to their young age and psychological evaluations indicating they were not capable of doing so. Instead, their statements were admitted through the testimony of professionals who had interviewed them. White was sentenced to a minimum of 100 years in prison. His direct appeal and several habeas corpus petitions were denied.White filed a new habeas petition in 2017, claiming newly discovered evidence. He presented transcripts of interviews with three of the now-adult victims, who either denied remembering the abuse or stated it did not happen. The Circuit Court of Mercer County granted White's petition, finding that the new testimonies constituted recantations and warranted a new trial.The Supreme Court of Appeals of West Virginia reviewed the case. The court noted that the circuit court's analysis was overly simplistic, focusing mainly on the fact that the victims did not testify at the original trial. The Supreme Court emphasized the need for a thorough analysis of the credibility and reliability of the recantations, considering the victims' prior inconsistent statements and the other evidence presented at trial, such as physical evidence of abuse and White's incriminating jail letters.The Supreme Court found that the circuit court failed to make specific findings of fact and conclusions of law as required by West Virginia Code § 53-4A-7(c). The court vacated the circuit court's order and remanded the case for further proceedings, instructing the lower court to conduct a detailed analysis of the newly discovered evidence in accordance with the established legal standards. View "Frame v. White" on Justia Law

Amanda Shrewsbury, the respondent, was employed as a teacher’s aide in a pre-kindergarten classroom at Cumberland Heights Elementary School during the 2018-2019 school year. She reported witnessing abuse and neglect of students by the classroom teacher, Alma Belcher, to the school principal, Steve Hayes, and later to the superintendent, Dr. Deborah Akers. Following her complaints, Shrewsbury alleges that her employment was terminated. She subsequently filed a lawsuit against the Mercer County Board of Education, Dr. Akers, and others, claiming wrongful discharge and other related grievances.The Circuit Court of Mercer County reviewed the case and denied the petitioners' motion for summary judgment, which was based on the assertion of qualified immunity. The court found that the petitioners were not entitled to qualified immunity under the circumstances presented.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the lower court's decision. The court held that the petitioners, as a political subdivision and an employee of a political subdivision, were not entitled to qualified immunity solely because the claims against them fell within the exceptions to statutory immunity set forth in the West Virginia Governmental Tort Claims and Insurance Reform Act. The court clarified that the mere inapplicability of the Tort Claims Act due to specific exemptions does not permit the petitioners to claim qualified immunity. Therefore, the circuit court's denial of the motion for summary judgment on the basis of qualified immunity was upheld. View "Mercer County Board of Education v. Shrewsbury" on Justia Law