Justia Civil Rights Opinion Summaries
Articles Posted in Supreme Court of Appeals of West Virginia
Taylor v. W. Va. Dept. of Health & Human Res.
Petitioners alleged, in addition to claims of gender discrimination and invasion of privacy, that they were discharged from their employment with West Virginia Department of Health and Human Services (DHHR) for discovering and alerting others to alleged errors or irregularities with the procurement process utilized by DHHR. The trial court granted summary judgment to DHHR and two DHHR officials (collectively, Respondents) on the entirety of Petitioners’ claims, concluding that Petitioners failed to create a genuine issue of material fact surrounding their claims and that Respondents were entitled to qualified immunity on Petitioenrs' claims. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) did not err in granting summary judgment as to Petitioners’ retaliatory discharge, gender discrimination, and false light invasion of privacy claims; but (2) erred in concluding that Petitioners failed to demonstrate a genuine issue of material fact on their whistle-blower claim and concluding, as a matter of law, that Petitioners’ evidence could not satisfy the statutory requirements. View "Taylor v. W. Va. Dept. of Health & Human Res." on Justia Law
State v. Shingleton
After a jury trial, Petitioner was convicted of twenty counts of possession of material visually portraying a minor engaged in sexually explicit conduct. Petitioner also received a related recidivist conviction. Through a second amended sentencing order Petitioner was sentenced to a total period of incarceration of seventeen years. The Supreme Court affirmed Petitioner’s convictions and sentences, holding (1) the trial court did not err when it allowed expert opinion testimony concerning the ages of the children depicted in the images; (2) the evidence was sufficient to support the convictions; (3) Petitioner was not denied his constitutional right to a fair trial when the trial court allowed the State to present hearsay testimony; and (4) Petitioner’s convictions did not violate the constitutional prohibition against double jeopardy. View "State v. Shingleton" on Justia Law
Pristine Pre-Owned Auto, Inc. v. Courrier
Petitioner filed a complaint seeking a writ of mandamus to compel the return of items seized by a state police trooper (Trooper) in his execution of a search warrant at Petitioner’s business premises. In his complaint, Petitioner alleged that the search warrant was an improper general warrant. Also named as a defendant was the former prosecuting attorney for Mineral County (Prosecutor). The circuit court denied Petitioner’s complaint. Petitioner appealed. The Supreme Court affirmed, holding that the circuit court properly denied Petitioner’s complaint seeking a writ of mandamus because mandamus was not a proper remedy in this case. View "Pristine Pre-Owned Auto, Inc. v. Courrier" on Justia Law
Raines v. Ballard
After a jury trial, Petitioner was convicted of robbery in the first degree, nighttime burglary, and conspiracy. At issue in this case were two plea deals offered by the State. The first was a pre-trial offer and the second was a post-conviction offer regarding a recidivist action. Petitioner filed a petition for writ of habeas corpus alleging that his trial counsel was ineffective by giving erroneous advice before trial and by failing adequately to prepare him for his trial testimony. After an omnibus hearing, the circuit court denied relief. The Supreme Court affirmed, holding that the circuit court correctly determined that Petitioner could not establish a reasonable probability that, but for counsel’s errors, the result of the proceedings would have been different. View "Raines v. Ballard" on Justia Law
State ex rel. Sorsaia v. Hon. Stowers
The State filed an information charging Caleb Toparis with the misdemeanor offenses of domestic assault and domestic battery. Toparis filed a motion to dismiss the information, asserting that his right to a speedy trial had been violated because he had not been tried on the charges within one year of the execution of the warrant. The circuit court granted the motion to dismiss. The State sought a writ of prohibition to prohibit the circuit court from dismissing the two misdemeanor charges against Toparis, contending that the circuit court erred in finding that Toparis’s right to a speedy trial had been violated. The Supreme Court granted the requested writ, holding that Toparis’s right to a speedy trial was not violated in this case. View "State ex rel. Sorsaia v. Hon. Stowers" on Justia Law
State v. Noel
After a jury trial, Defendant was convicted of fleeing in a vehicle, possession with intent to deliver a schedule II controlled substance (cocaine), and possession with intent to deliver a schedule II controlled substance (methamphetamine). Prior to trial, Defendant moved to suppress the evidence a police officer discovered upon searching Defendant’s vehicle, arguing that no probable cause existed for either the traffic stop or the subsequent search. The trial court denied the motion. The Supreme Court reversed Defendant’s convictions and resultant sentences and remanded, holding that the warrantless search of Defendant’s vehicle was unlawful, and therefore, the circuit court erred by not suppressing the evidence found during that search. View "State v. Noel" on Justia Law