Justia West Virginia Supreme Court of Appeals Opinion Summaries

Painter was convicted, in 2007, of grand larceny, daytime burglary with breaking, petit larceny, two counts of first-degree murder, and possession of a stolen vehicle. His sentence included a prison term of life without mercy and a restitution order amount of about $7,000.00, to “be paid from monies contained within any prison account or any assets of the defendant." Painter began serving his sentence at Mount Olive in Fayette County, and received a Notice of Withholding, stating: Deductions will be based upon 40% of your earnings ... defined as all sums of money paid to an inmate on account of any work assignment, or other allowable means by which an inmate may be compensated for work… Earnings shall further include all sums of money received by the inmate on account of a settlement of a lawsuit, civil judgment, or other lawful process, inheritance, bequest, gift, except funds provided the inmate by family or friends." The warden began deducting 40% of the money Painter received from his family and friends. He unsuccessfully challenged the policy under W. Va. Code 25-1-3c(c)(1). The Supreme Court of Appeals of West Virginia affirmed, concluding that funds gifted to an inmate by family and friends may be subject to deduction to pay court-ordered restitution. View "Painter v. Ballard" on Justia Law

Allegheny Country Farms entered into a contract to purchase a portion of Carper’s 33-acre property. The agreement was intended to resolve a boundary dispute. Before the conveyance was made, however, Carper sold her property at auction to the Huffmans, by a contract wherein the Huffmans agreed to abide by the terms of the first contract. Allegheny sought specific performance. The court granted summary judgment to the Huffmans and dismissed, as moot, and action against Carper. The Supreme Court of Appeals of West Virginia reversed: the Huffmans are contractually bound to convey a portion of their property to Allegheny. “The Huffmans entered into this contract, and its attending obligation to execute the Boundary Line Agreement, with their eyes wide open. They were clearly put on notice and assented to this requirement at the property auction.” View "Allegheny Country Farms, Inc. v. Huffman" on Justia Law

In 2001, the decedent presented to the Wetzel County Hospital Emergency Room in New Martinsville and came under the care of Dr. Murthy, a surgeon; she slipped into shock and died the next day. Her estate filed a medical negligence action, alleging that Murthy failed to perform exploratory surgery to identify, diagnose and correct the decedent’s “intraabdominal condition.” A jury awarded $4,000,000 in compensatory damages. After the trial, the circuit court allowed amendment of the complaint to add Murthy’s insurance carrier, Woodbrook, alleging that Woodbrook made all relevant decisions for Murthy’s defense and acted vexatiously and in bad faith. Following a remand, Murthy paid a reduced judgment, plus interest, in the total amount of $1,162,741.60 and filed motions in limine to preclude certain matters from consideration on the issue of attorney fees and costs, including an unrelated case that resulted in a $5,764,214.75 verdict against Dr. Murthy in March 2007. The court dismissed Woodbrook as a party-defendant and awarded the estate attorney fees and costs. The precise calculation was to be later determined. The Supreme Court of Appeals of West Virginia reversed, concluding that the lower court’s reliance on certain conduct by Murthy did not justify the award. View "Murthy v. Karpacs-Brown" on Justia Law

Plaintiffs sued Sugar Rock, seeking a dissolution of partnerships, alleging them to be mining partnerships and attempted to obtain class action status. The circuit court granted plaintiffs partial summary judgment, finding that the partnerships should be dissolved, and appointed a special receiver and a distribution company to achieve that result. The Supreme Court of Appeals reversed, finding genuine issues of material fact and questions of law regarding the type of partnerships involved in the case, the parties who are the partners thereof, whether the partnerships’ property includes leases, and whether the procedural requirements for a decree of dissolution have been satisfied. View "Sugar Rock, Inc. v. Washburn" on Justia Law

Petitioner has been employed by the Raleigh County Board of Education as a physical therapist since 1987. Her initial “Teacher’s Probationary Contract of Employment” provided that she would be paid an annual salary “for an annual employment term of 120 days.” In 1989, petitioner executed a “Continuing Contract of Employment,” which likewise provided that she was to be employed “for an employment term of 120 days.” She requested enrollment in the Teachers’ Retirement System (TRS). Contributions on petitioner’s behalf were made to TRS continuously from 1987 through 1991, when she enrolled in the newly-created Teachers’ Defined Contribution System and froze her TRS contributions. In 1999, she transferred her TRS funds and service credit into TDC. In 2008, petitioner transferred back to the TRS. The Board ascertained that petitioner was ineligible to participate in either plan because she was only working 120 days a year and indicated that the money contributed would be returned to her and her employer. Petitioner testified that she believed that those working less than 200 days were not ineligible, but would merely receive fractional service credit for the year. The hearing examiner determined that West Virginia Code 18-7A-3 requires a 200-day contract before one may participate in TRS, but that there was no such 200-day requirement to participate in TDC. The circuit court affirmed. The Supreme Court of Appeals affirmed, stating that it was “sympathetic," but could not confer statutory eligibility where none exists. View "Ringel-Williams v. W.V. Consol. Pub. Retirement Bd." on Justia Law

The Kanawha County Commission is a member of the Central West Virginia Regional Airport Authority, which owns and operates Yeager Airport. At the behest of the FAA, they began a project to remove a hill in Charleston's Coal Branch Heights neighborhood. The Commission wanted to acquire the 10-acre “Nutter Farm” to deposit material removed from the hill and purchased a two-thirds interest, paying $58,333.33 for each one-third interest, then filed a condemnation petition against the third owner, Gomez. The court determined that the Commission’s stated purposes were a proper public use and appointed condemnation commissioners, who valued Gomez’s share at $33,335. The court permitted the Commission to deposit $33,335 and granted immediate possession. Following discovery, the court struck the testimony of Gomez’s expert, struck Gomez’s claims, and granted the Commission summary judgment. The Supreme Court of Appeals reversed in part. The court upheld the determination of public use; the holding that any enhancement or depreciation in value caused by the project for which the land was taken must be disregarded in determining market value; and striking Gomez’s expert. The court erred in striking Gomez’s “claims” as a sanction for her failure to appear at her deposition; in taking judicial notice of the commissioners’ report on the value of the land; and in entering summary judgment. Gomez has a right to testify to the value of her interest in the property on the date of the taking by the Commission. View "Gomez v. Kanawha County Comm'n" on Justia Law

Streets, a 32-year Berkeley County Sheriff’s Department veteran, was indicted for felony embezzlement and fraudulent schemes, with respect to 13 guns taken from the Department and sold to a gun dealer, Glockcop. He was found not guilty of fraudulent schemes; the jury hung on the embezzlement count. A mistrial was declared. The state filed a notice of intent to use Rule 404(b) evidence, consisting of certified public records of judgments against Streets from lawsuits involving wrongful occupation and defaults on residential rental agreements, a default on a furniture installment agreement, nonpayment of medical bills, wage garnishment and home foreclosure, to establish debt in excess of $38,000. The court determined that the evidence was admissible to show motive, During retrial, the state also presented Glockcop’s business records and testimony that Streets was the sole officer in charge of the evidence room. Streets claimed that he mistakenly sold the guns, thinking that they were guns he had inherited from his father. After a conviction, the court granted a retrial. The Supreme Court of Appeals granted mandamus, finding that the trial court erred by granting a new trial when Streets failed to object to alleged error during trial; in determining that the state improperly attacked Streets’ character, when he first placed his character in issue; and by granting a new trial when the alleged error was harmless. The overwhelming evidence would support the conviction without the state’s closing argument comments implicating character. View "Games-Neely v. Yoder" on Justia Law

In 2004, the Petitioner was charged with sexual abuse in the first degree, attempt to commit a felony of sexual assault in the first degree, sexual assault in the first degree and sexual abuse by a custodian, based on 2001 incidents involving his step-granddaughter. He was convicted in 2005. The court ordered that, following his discharge from the penitentiary after serving a 10-20 year sentence for his sexual abuse by a custodian conviction, he “shall be placed on probation for a period of ten (10) years” with specific conditions. In 2006, the Legislature amended the statute to require a mandatory period of extended supervised release, West Virginia Code 62-12-2631. In 2015, the circuit court modified petitioner’s probationary period to five years followed by 20 years of “intensive supervision as a sex offender.” The Supreme Court of Appeals reversed the extension of his sentence, citing the ex post facto clause found in both the West Virginia and United States Constitutions. View "West Virginia v. Deel" on Justia Law

In 2014, Shafer, a drug addict, his girlfriend, Hughes, also addicted to drugs, and their friend, Wilson, conspired to rob 66-year-old Lynch, who lived alone with her dog in St. Albans. They had learned that she had been robbed several times, but had not report edthe robberies because she feared repercussions. Shafer took a toy gun and. Wilson took a kitchen knife; neither wore masks or gloves. When Lynch returned home, found them outside her house, and did not take their threats seriously, they became angry. Inside the house, Wilson stabbed Lynch to death. They took property and later returned with Hughes to steal a car. They repeatedly returned to the house, stealing additional property and allowing the dog to starve to death. A friend discovered Lynch’s decaying body. Shafer agreed to plead guilty to first-degree murder in the commission of the felony offense; conspiracy; three counts of burglary by breaking and entering; and two counts of grand larceny; the state agreed to recommend that the court sentence Shafer to life with mercy for the felony murder and to stand silent on whether his sentences should run consecutively or concurrently. The PSR revealed that as a juvenile, Shafer was charged with breaking and entering; he had other offenses and a long history of drug use. The court imposed, and the Supreme Court of Appeals affirmed, consecutive sentences, including life in the penitentiary without mercy. View "West Virginia v. Shafer" on Justia Law

In 2013, the petitioner was charged with nine counts involving his minor daughter, M.C., that pertained to three separate incidents of first-degree sexual assault (West Virginia Code 61-8B-3(a)(2)), sexual abuse by a parent (61-8D­ 5(a)), and incest (61-8-12). Two additional counts involved a single incident with A.O., a minor neighbor, and charged first-degree sexual abuse and sexual abuse by a custodian or person in a position of trust (61-8D-5(a)). Before trial, the state, possessing M.C.’s shirt on which semen had been found, unsuccessfully moved to compel a blood or a saliva sample from the petitioner. A month later, the state successfully sought and obtained saliva sample. The state then successfully moved to exclude the introduction of the DNA test results at trial because they eliminated the petitioner as a potential donor of the semen. The state argued the evidence would violate the rape shield law. The petitioner was convicted and sentenced to 50-165 years of incarceration. The Supreme Court of Appeals of West Virginia reversed as to M.C., based on the exclusion of the DNA evidence. The court upheld the admission of Rule 404(b) evidence (the testimony of four minors) for the purpose of showing the petitioner’s lustful disposition for children and rejected a challenge to the sufficiency of the evidence to establish that the petitioner was a “custodian” or “person in a position of trust. ” View "West Virginia v. Timothy C." on Justia Law