State Supreme Court Category Archives: State Supreme Court

Davis says med mal wait period is unconstitutional

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Davis

CHARLESTON – Supreme Court of Appeals Chief Justice Robin Davis believes a law requiring 30 days notice before the filing of a medical malpractice suit violates the West Virginia Constitution, but the other Justices would rather not say what they believe.
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Justices send Speedway drowning case back to Zakaib

CHARLESTON – Justices of the West Virginia Supreme Court of Appeals carried out a delicate balancing act in a family feud, leaving the tough decisions to Kanawha County Circuit Judge Paul Zakaib. The Justices on Nov. 15 reversed Zakaib, who … Read More »

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Justices say attorney must face malpractice claim

CHARLESTON – Attorney Kenneth Chittum must defend himself against a claim of legal malpractice, the West Virginia Supreme Court of Appeals decided Nov. 9. The Justices reversed Circuit Judge Derek Swope of Mercer County, who last year granted summary judgment … Read More »

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Supreme Court fires another Huntington firefighter

CHARLESTON – Once again, the West Virginia Supreme Court of Appeals has fired a Huntington firefighter for getting mixed up with crack cocaine. The Justices decided Nov. 16 that Cabell Circuit Judge John Cummings committed an error by giving Michael … Read More »

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Supreme Court says judge didn’t follow rules on picking jurors

CHARLESTON – Justices of the West Virginia Supreme Court of Appeals have laid down a simple rule for judges choosing jurors: When in doubt, throw them out. Circuit Judge Mark Karl of Marshall County broke that rule, the Justices unanimously … Read More »

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Albright attends judicial summit

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Albright

CHARLESTON — West Virginia Supreme Court of Appeals Justice Joseph P. Albright recently attended the Spencer Grimes Appellate Judges Summit Nov. 9-11 in Dallas, Texas.
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Supreme Court hears attorney theft case

CHARLESTON – Leonard Coleman’s partners at Goodwin & Goodwin forgave him when he stole from them, but forgiveness ran out when he stole again. “He is a thief,” Justice Brent Benjamin of the Supreme Court of Appeals said in Nov. … Read More »

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Court rules partnership, not partners, own property

CHARLESTON – Where a partnership owns property the partners themselves own nothing, the West Virginia Supreme Court of Appeals has declared. The five Justices agreed Nov. 14 that Lowell Cogar could not redeem a title to 14 acres that he … Read More »

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McGraw’s office says taping citizens in their homes is OK

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McGraw

CHARLESTON – Attorney General Darrell McGraw wants the West Virginia Supreme Court of Appeals to declare that police can secretly tape citizens in their homes.
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Realignment study details busiest circuit judges

CHARLESTON – Wayne County’s circuit judge is the busiest in the state, according to a study that could result in changes to the state’s circuit court system. The study, completed by the National Center for State Courts, found that the … Read More »

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Two rulings shine light on work-related injuries

CHARLESTON – West Virginians cannot sue over injuries they suffer at work except when employers deliberately intend to expose them to risk. What that means depends on the West Virginia Supreme Court of Appeals. And in a pair of Oct. … Read More »

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Justices say no to building new bridge

CHARLESTON – Luther Ellison and Harold Wolfe thought they owned two thirds of a bridge they built across a neighbor’s land to their land, but they learned otherwise when a new neighbor tore the bridge down. The West Virginia Supreme … Read More »

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Starcher snubbed for chief justice job

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Starcher

CHARLESTON – In voting to give Robin Jean Davis another year as Chief Justice of the state Supreme Court, the Justices cited her work so far this term.
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Justices put in middle of family feud

CHARLESTON – Justices of the West Virginia Supreme Court of Appeals must decide whether Eugenia Moschgat suffered any loss when her mother died. The mother and daughter did not speak to each other and they lived far apart, but Moschgat … Read More »

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