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WEST VIRGINIA RECORD

Saturday, April 20, 2024

West Virginia Supreme Court

Recent News About West Virginia Supreme Court View More

  • Justices won't answer hate crime question in case against former Herd football player

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has chosen to not rule on whether or not a former Marshall University football player can be charged with a hate crime in connection with the assault of two gay men that occurred last year.

  • WVBIC endorses Walker for Supreme Court

    By Chris Dickerson |
    CHARLESTON – The West Virginia Business & Industry Council (WVBIC) is endorsing Beth Walker for Justice of the West Virginia Supreme Court of Appeals.

  • CALA continues to push intermediate court of appeals

    By Chris Dickerson |
    CHARLESTON – As the state legislative session enters its second half, a legal reform group is making another push for lawmakers to consider creating an intermediate court of appeals.

  • Justices order new 'in camera' review of documents

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals ruled that Ohio Circuit Court needs to conduct an in camera review of documents involved in a lawsuit against Wheeling Hospital.

  • Justices say injury was not caused by accident at work

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that an injury a man sustained was not caused by an accident at work. The court found that the decision of the Board of Review was not in clear violation of any constitutional or statutory provision, nor was it clearly the result of erroneous conclusions of law, nor was it based upon a material misstatement or mischaracterization of the evidentiary record, according to the Feb. 4 memorandum decision.

  • State Supreme Court affirms Office of Judges decision

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals affirmed a 2014 decision made by the Office of Judges in regard to a man’s 2012 injury. The court found that the decision of the Board of Review was not in clear violation of any constitutional or statutory provision, according to the Feb. 4 memorandum decision.

  • Walker shares her conservative vision for state Supreme Court

    By Chris Dickerson |
    CHARLESTON – With less than 100 days before the election, Beth Walker is campaigning full-time for a seat on the state Supreme Court of Appeals. “We continue to be very busy, traveling all across West Virginia,” Walker said. “We’ve been going full steam every day since June 11. But, to be honest, I really enjoy traveling around the state and meeting people. So, there are no complaints here.”

  • Injections necessary for man’s 1986 injury, Justices rule

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that the injections sought by a man for his injury are medically necessary and should be allowed. The court has considered the parties’ briefs and the record on appeal, according to a memorandum decision filed Feb. 4 by the West Virginia Supreme Court of Appeals

  • Former SC candidate Rowe retiring as circuit judge

    By Chris Dickerson |
    LEWISBURG – Circuit Judge Jim Rowe is retiring, effective at the end of February. Rowe is chief judge of the 11th Judicial Circuit that includes Greenbrier and Pocahontas counties. He also has ran for the state Supreme Court twice.

  • Justices: Board of review relied on misstatement, mischaracterization

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals says that a Board of Review decision should be reversed after it found that the board’s decision was based upon a material misstatement or mischaracterization of the evidentiary record. The claim was remanded with instructions to authorize an evaluation by a doctor at Orthopaedic and Spine Surgery Associates for Frank Johnson Jr.’s lower back injury he suffered during his employment, according to a memorandum decision filed Feb.

  • Davis: Other justices ignored plain language of state code

    By Kyla Asbury |
    CHARLESTON – State Supreme Court Justice Robin Jean Davis said the majority has continued to ignore the plain language of West Virginia code in a recent opinion.

  • Two attorneys law licenses suspended, one annulled

    By Kyla Asbury |
    CHARLESTON – Two West Virginia attorneys have had their law licenses suspended and one has been annulled, according to three press releases issued by the Office of Disciplinary Counsel.

  • ATRA: McGraw could mean return to Judicial Hellhole list

    By Chris Dickerson |
    CHARLESTON – West Virginia could see a quick return to the Judicial Hellholes report if Darrell McGraw is elected to the state Supreme Court, according to a spokesman for the group that compiles the list. “I’d tell Darrell not to embarrass himself,” said Darren McKinney, spokesman for the American Tort Reform Association, said Monday about McGraw’s filing to run for the court.

  • Ketchum ready to tackle second time as Chief Justice

    By Chris Dickerson |
    CHARLESTON – It’s just a few weeks into his second stint as chief justice, but Menis Ketchum already has had a busy year. The justices of the West Virginia Supreme Court of Appeals already have ruled in a case that determined the balance of the state Senate. He’s had to watch the weather to decide whether to keep the court offices open through winter storm Jonas. He’s had to prepare a budget report for both houses of the state Legislature. And that’s on top of the day-to-day functioning of the s

  • Davis chastises lawyers, other Justices in state Senate case

    By Chris Dickerson |
    CHARLESTON – State Supreme Court Justice Robin Jean Davis says the majority was wrong in interpreting a state law that allowed a Republican to fill a vacant state Senate seat. In her dissent filed Jan. 27, Davis said last week’s 3-1 ruling that gave former state Sen. Daniel Hall’s seat to the GOP was unconstitutional.

  • Justices say court erred in insurance judgment

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that the circuit court erred in its decision to not credit State Farm for an advance payment.

  • Kanawha's chief judge clarifies a few things

    By Tod J. Kaufman |
    Dear Editor: Last week, Emma Gallimore interviewed me by phone for a story in The West Virginia Record. I wanted to clarify a few things in the story. These clarifications are important to emphasize the collegial nature of judging in a multi-judge circuit and the equal responsibilities shared by all seven circuit judges and every circuit judge in our state.

  • Justices: Vacant state Senate seat will go to a Republican

    By Chris Dickerson |
    CHARLESTON – The state Supreme Court has ruled that the vacant state Senate seat in the headlines for the last two weeks should be filled by a Republican. The Justices issued their opinion Jan. 22, rejecting the writ filed by Democrats who argued it should be filled by a member of their party because former state Senator Daniel Hall was a Democrat when he was elected in 2012.

  • Legal reform groups plan 2016 legislative agendas

    By Chris Dickerson |
    CHARLESTON – As the 2016 legislative session gets into a routine, two organizations that watch legal reforms know what they want to happen this term.

  • Ketchum asks House, Senate to repeal three bills for budget reasons

    By Kyla Asbury and Chris Dickerson |
    CHARLESTON – West Virginia Supreme Court of Appeals Chief Justice Menis Ketchum asked the House and Senate to repeal three bills during budget hearings before their finance meetings. Ketchum, along with Justice Allen Loughry, attended the Jan. 18 meetings to discuss the state Supreme Court budget.