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State Supreme Court Category Archives: State Supreme Court
Albright, Starcher say suspended Upshur magistrate should be paid
Justice Joseph Albright
CHARLESTON – Two state Supreme Court justices say an Upshur County magistrate accused of inappropriate sexual conduct should have been suspended, but they think he should have continued to have been paid.
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Court asks officials to consider taking crime lab from State Police
CHARLESTON – Thirteen years after a shocking discovery that Trooper Fred Zain of the West Virginia State Police Crime Laboratory provided false and inaccurate evidence, a cloud still hangs over the crime lab. The state Supreme Court of Appeals on … Read More
Columbia shorted property owners on royalties, Court rules
CHARLESTON – Property owners who leased oil and gas rights to Columbia Natural Resources received less in royalties than they deserved, the West Virginia Supreme Court of Appeals has ruled. The Court decided June 15 that Columbia improperly deducted expenses … Read More
Prosecutor’s religious overtones cause justices to order new trial for child molester
CHARLESTON — The state Supreme Court has ordered a new trial for a convicted child molester after ruling the prosecutor in the case made too many religious references in the first trial. In the opinion issued June 16, the court … Read More
Court says job, not employer, to blame for man’s breakdown
CHARLESTON – Reggie Lee Philyaw’s job wrecked his mental health but his employer didn’t wreck his mental health, the West Virginia Supreme Court of Appeals has decided. Philyaw blamed Eastern Associated Coal for his nervous breakdown, but three of five … Read More
Supreme Court annuls lawyer’s license
CHARLESTON — The state Supreme Court has annulled the license of a Morgantown attorney and ordered he pay back more than $2 million he received from the estates of two clients. In doing so, the justices rejected lesser penalties suggested … Read More
Elk Run error costs $5.5 million
CHARLESTON – West Virginia can keep five and a half million dollars that it would have refunded to a business if the business had not fouled up its tax appeal, the Supreme Court of Appeals ruled June 13. Four of … Read More
Supreme Court upholds Upshur magistrate’s suspension
CHARLESTON – The state Supreme Court has upheld the suspension without pay of an Upshur County magistrate accused of inappropriate sexual conduct. Clarence McCourt Jr. is said to have ordered a woman, a victim of domestic violence, to remove her … Read More
Supreme Court backs help for ‘pro se’ plaintiffs
CHARLESTON – Douglas Cottrill could have overturned a $9,504.25 child support order with no help from an attorney, if he had known about the statute of limitations. Now the West Virginia Supreme Court of Appeals has cancelled Cottrill’s debt, ruling … Read More
Tax commissioner wrong to deny Moose, Court rules
CHARLESTON – West Virginia’s tax commissioner abused the Martinsburg Moose Lodge by denying it a license to raise money for charity with raffles, the Supreme Court of Appeals has ruled. The Justices took the unusual step of issuing an opinion … Read More
Frivolous claims against government may follow Glendenning decision, justices warn
CHARLESTON – National Union Fire Insurance of Pittsburgh must compensate four former Webster County school boys who suffered sexual assault and abuse from teacher Donald Ray Glendenning Jr., the West Virginia Supreme Court of Appeals has ruled. National Union Fire … Read More



