Justia West Virginia Supreme Court of Appeals Opinion Summaries

The two petitioners in this case were juveniles who were adjudicated juvenile delinquents for sexual assault. At issue before the circuit court was whether the juveniles should be required to register as lifetime sexual offenders upon reaching the age twenty-one. The circuit court certified two questions to the Supreme Court regarding the sex offender statutes in relation to juvenile offenders. The Supreme Court answered (1) a juvenile adjudicated of certain acts of delinquency is not required to register under the sex offender registration statute; and (2) the nature of the crimes underlying the two juvenile delinquency petitions - first and second degree sexual assault - allows for the public disclosure of the names of the juveniles. View "State v. J.E." on Justia Law

This disciplinary proceeding stemmed from allegedly false statements contained in a campaign-issued flyer disseminated while Stephen O. Callaghan, Judge-Elect of the 28th Judicial Circuit was a candidate for Judge of the 28th Judicial Circuit. The West Virginia Judicial Hearing Board recommended that Judge-Elect Callaghan be disciplined for three violations of the West Virginia Code of Judicial Conduct and one violation of the West Virginia Rules of Professional Conduct. The Supreme Court adopted the Board’s recommended discipline, with modification, and found that it was appropriate to suspend Judge-Elect Callaghan from the judicial bench for a total of two years without pay, along with the recommended fine of $15,000, and reprimand as an attorney, holding (1) there was clear and convincing evidence of improper conduct presented in support of each of the violations found by the Board; and (2) Judge-Elect Callaghan’s constitutional arguments were unavailing. View "In re Hon. Stephen O. Judge-Elect Callaghan" on Justia Law

At issue in this case was a dispute between a pharmacy network administrator and various West Virginia pharmacies that were network members. Petitioners here were Caremark, LLC, companies affiliated with Caremark, LLC and individuals who were pharmacists-in-charge at certain CVS pharmacies (collectively, CVS/Caremark). Plaintiffs were six West Virginia retail pharmacies and six licensed pharmacists affiliated with those pharmacies (collectively, Pharmacies). Each of the six pharmacies had an agreement with Caremark. The agreements at issue contained an arbitration clause electing the American Arbitration Association (AAA) to govern arbitration. The Pharmacies filed a complaint against CVS/Caremark seeking injunctive relief for violations of W. Va. Code 30-5-7, 33-16-3q and 33-11-4 and also alleged tortious interference and fraud. CVS/Caremark filed a motion to dismiss the complaint and compel arbitration. The circuit court denied the motion. The Supreme Court reversed and remanded for the entry of an order dismissing this case and compelling arbitration, holding that the incorporation of the AAA rules into the arbitration agreements constituted clear and unmistakable evidence that the parties agreed to delegate questions of arbitrability to the arbitrator. View "West Virginia CVS Pharmacy, LLC v. McDowell Pharmacy, Inc." on Justia Law

At issue in this case was the proposed expansion of municipal geographic boundaries by minor boundary adjustment by the City of Summersville, West Virginia, as approved by the Nicholas County Commission. Petitioners brought this action against the County Nicholas Commission and its members (collectively, Respondents), alleging that certain statutory requirements governing annexation were not met during the approval process, the annexation was not in the best interests of Nicholas County, the annexation amounted to a public nuisance, and that the annexation resulted in an unconstitutional taking of property without compensation. The circuit court granted the County Commission’s motion for summary judgment in part and denied Petitioners’ motion for summary judgment in part, concluding that the County Commission complied with the statutory requirements in entering the order on boundary adjustment, which authorized the City’s annexation of the property. The Supreme Court affirmed, holding that the circuit court did not err in affirming the County Commission’s determination to approve the City’s petition for an annexation by minor boundary adjustment. View "Coffman v. Nicholas County Commission" on Justia Law

Andrew Minnich visited the South Charleston MedExpress to seek medical care. During his attempt to access an examination table, Andrew, who had recently undergone hip surgery, fell and sustained injuries. Andrew died ninety days later. Thereafter, Joyce Minnich filed a complaint against Medexpress Urgent Care, Inc. (MedExpress), alleging, inter alia, negligence based on premises liability. The circuit court granted summary judgment for MedExpress as to the premises liability claim and directed Petitioner to amend her complaint to plead a medical malpractice claim compliant with the filing requirements of the West Virginia Medical Professional Liability Act (MPLA). Petitioner appealed, arguing that the MPLA did not apply because Andrew was not treated by a “health care provider” prior to his fall within the MedExpress within the facility. The Supreme Court affirmed, holding that a “health care provider,” as defined by the MPLA, did provide health care related services to Andrew prior to his fall, and therefore, the circuit court did not err in deciding that the MPLA applied to this case. View "Minnich v. MedExpress Urgent Care, Inc." on Justia Law

After a hearing, the mental hygiene commissioner found probable cause to believe that Petitioner was mentally ill and a danger to self or to others due to mental illness. The commissioner directed Petitioner’s commitment for examination at a local mental health facility. Petitioner was subsequently involuntarily committed to Highland Hospital for evaluation. Petitioner filed a petition for writ of habeas corpus, alleging that her mental health commitment was unlawful. The circuit court denied Petitioner a writ of habeas corpus on the basis that her cause was mooted by her release from her involuntary hospitalization. The Supreme Court affirmed, holding that the circuit court did not err in ruling that this habeas matter is moot. View "In re Involuntary Hospitalization of T.O." on Justia Law

All of the parties to this case were co-owners of several tracts of land. Deborah Wyckoff filed this lawsuit against David Bowyer seeking to partition the surface in kind or by sale. Bowyer filed a counterclaim and third-party complaint seeking to partition the surface and/or oil, coal and gas below the surface through partition by allotment or partition by sale. The circuit court granted summary judgment to Wyckoff, finding that Bowyer had not established the statutory elements for a partition by allotment or by sale. The court also denied Bowyer’s request to further amend his third-party complaint. The Supreme Court affirmed, holding (1) the circuit court properly found that Bowyer failed to establish his entitlement to partition by allotment or by sale; and (2) the circuit court did not err by denying Bowyer’s request to amend his complaint. View "Bowyer v. Wyckoff" on Justia Law

Plaintiffs, the daughters and wife of the decedent, filed an action against the State Police, alleging that State Police employees were liable for the wrongful death of the decedent and that they negligently or recklessly mishandled the decedent’s remains. The State police filed a motion for summary judgment, arguing that the actions of the State Police employees were discretionary acts protected by the doctrine of qualified immunity. The circuit court denied the motion, determining (1) the duties of the State Police employees were not discretionary but, rather, were ministerial; and (2) the employees had taken on a special duty toward Plaintiffs and, therefore, could be liable for negligently breaching that duty. The Supreme Court reversed, holding that the State Police was entitled to qualified immunity to protect the discretionary acts of its employees. Remanded for entry of summary judgment in favor of the State Police and its employees. View "W. Va. State Police v. Hughes" on Justia Law

Petitioner Rashaun Boyd and Petitioner Christopher Wyche were prosecuted in a joint trial. Boyd was convicted of attempted murder, wanton endangerment, and possession of a firearm. Wyche was convicted of voluntary manslaughter, wanton endangerment, and possession of a firearm. This appeal followed the denial of post-trial motions. The Supreme Court affirmed the final judgments in these consolidated appeals, holding (1) the evidence was sufficient to sustain Petitioners’ convictions; (2) contrary to Boyd’s argument, the Court’s standard of review set out in Syllabus point three of State v. Guthrie need not be overruled; (3) the trial court did not commit reversible error in refusing to sever the cases for trial; (4) the trial court’s evidentiary rulings challenged on appeal did not warrant reversal of Wyche’s convictions; (5) the prosecutor did not engage in impermissible misconduct; and (6) the trial court did not err in allowing the State to use a peremptory strike to remove the only juror of “color.” View "State v. Boyd" on Justia Law

DWG Oil & Gas Acquisitions, LLC (DWG) contended that it was the current owner of the oil and gas underlying a parcel of land in Marshall County. The circuit court determined that the oil and gas underlying the parcel was conveyed by a 1913 deed to A.B. Campbell, a predecessor in title of Southern County Farms, Inc., Harlan and Barbara Kittle, and Lori Carpenter (collectively, Defendants). Consequently, title to the oil and gas was vested in Defendants rather than DWG. DWG appealed, arguing that it was the current owner of the oil and gas at issue by virtue of a competing chain of title arising from a 1908 deed executed by P. P. Campbell, Sr. The Supreme Court affirmed, holding that the circuit court correctly applied the law and properly found that title to the oil and gas underlying the parcel of land is currently vested in Defendants. View "DWG Oil & Gas Acquistions, LLC v. Southern Country Farms" on Justia Law