WEST VIRGINIA RECORD

TUESDAY, APRIL 10
Rule 20 argument - 10 a.m.

1. R.B., a minor, by T.R., his mother v. Patsy A. Hardy, Secretary, et al., No. 11-0272 - Petitioner, a teenager with quadriplegic cerebral palsy, appeals the circuit court's order affirming the Board of Review's decision to uphold DHHR's denial of Petitioner's authorization request for a power wheelchair with forty-four accessories.

J.S., a minor, by S.N., his mother v. Patsy A. Hardy, Secretary, et al., No. 11-0273 - Petitioner, a twelve-year-old boy with severe cerebral palsy, appeals the circuit court's order affirming the Board of Review's decision to uphold DHHR's denial of Petitioner's authorization request for a power wheelchair with fifty-seven accessories.

Rule 19 argument

2. SER Office of Disciplinary Counsel v. Kenneth E. Chittum, No. 11-1402 - Rule to Show Cause in Contempt.

3. Lawyer Disciplinary Board v. Michael S. Santa Barbara, No. 10-4011

Rule 20 argument

4. City of New Martinsville v. Public Service Commission , et al., No. 11-1738

Morgantown Energy Associates v. Public Service Commission, et al., No. 11-1739

5. Roger Simmons v. Teresa Waid, Warden, No. 11-0759 - Rule to Show Cause Dismissed.

6. Constance Lourenda Mayle v. Mark Douglas Mayle, No. 11-0344 - Petitioner-wife, respondent in the family court and petitioner on appeal to the circuit court, appeals the circuit court order refusing her appeal and affirming the family court's order.

WEDNESDAY, APRIL 11
10 a.m. - Admissions Ceremony

Rule 20 argument
1. Joe E. Miller, Commissioner Div. of Motor Vehicles v. Michael Chenoweth, No. 11-0148 - Petitioner, the Commissioner of the State Department of Motor Vehicles, appeals the circuit court's reversal and vacation of its revocation of respondent's driver's license for driving under the influence, arguing that the circuit court erred in applying the exclusionary rule to the proceedings and also that the reversal constituted error because there was reasonable suspicion or probable cause for the arresting officer's initial seizure, which allowed for obtaining evidence of respondent's inebriation and the expansion of the stop to include driving under the influence.

2. Joe E. Miller, Commissioner Div. of Motor Vehicles v. David K. Smith, No. 11-0147 - Commissioner of the DMV appeals circuit court order reversing the Commissioner's order revoking respondent's driver's license.

3. Joe E. Miller, Commissioner Div. of Motor Vehicles v. Christopher L. Toler, No. 11-0352 - Petitioner, the Commissioner of the West Virginia Division of Motor Vehicles and respondent below, appeals the order of the circuit court reversing the Commissioner's revocation of respondent's driver's license. The circuit court found that the Commissioner had proved by a preponderance of the evidence that respondent was driving under the influence but excluded the Commissioner's evidence because the vehicle equipment check at which respondent was stopped was unconstitutional.

4. Joe E. Miller, Commissioner Div. of Motor Vehicles v. John B. Epling, No. 11-0353 - DMV appeals the circuit court's order remanding this license revocation matter to the Office of Administrative Hearings for a new full evidentiary hearing and issuance of a new order regarding the revocation of the Petitioner's driver's license. The circuit court directed that the Office of Administrative Hearings make a proper analysis under Muscatell v. Cline, 196 W.Va. 588, 474 S.E. 2d 518 (1996) and Choma v. WV Division of Motor Vehicles, 210 W.Va. 256, 557 S.E. 2d 310 (2001) in regard to any issues raised before the Office of Administrative Hearings.

5. David and Shirley Finch v. Inspectech, LLC, No. 11-0276 - Petitioners appeal the circuit court's order granting summary judgment to the respondent on the ground that the anticipatory release upon which the circuit court granted summary judgment is contrary to public policy and void.