• Petition for a Writ of Prohibition
• Response to Petition for a Writ of Prohibition

2.  Copier Word Processing Supply, Inc. v. Wesbanco Bank, et al. - 33046 - The circuit court certifies a two-part question concerning the applicability of the continuing tort theory to the statute of limitations for conversion of negotiable instruments, W.Va. Code § 46-3-118(g).

CERTIFIED QUESTION PRESENTED

In a case governed by the three year limitations period provided for in West Virginia Code 46-3-118(g):

(a) Does the continuing tort theory apply to the alleged conversion of multiple, separate negotiable instruments made payable to the plaintiff's business by an employee of plaintiff to her personal checking account at defendant bank over a period of several years, such that the cause of action accrues at, and the statute of limitations does not begin to run until, the date of the alleged conversion of the last negotiable instrument, permitting damage claims for instruments allegedly converted more than three years prior to the filing of the complaint, or

(b) Does the cause of action accrue and the limitations period run from the date of the negotiation of each separate instrument permitting damage claims only for such instruments allegedly converted within such three year period prior to the filing of the complaint?

Circuit court's answer: (a) No; (b) Yes.

• Appellant's Brief
• Appellee's Brief
• Reply Brief
• Amicus Brief of The West Virginia Assoc. of Community Bankers and WV Bankers Assoc.

3.  Katherine Bowman Twyman v. Sally G. Jackson, Family Court Judge, et al. - 33005 - Petitioner appeals from the circuit court's order denying her petition for a writ of prohibition seeking to prohibit the effect of orders entered by the family court in a domestic violence proceeding brought against petitioner by her minor son. Petitioner also seeks to reverse the findings made by the circuit court in its order denying her petition for a writ of prohibition and seeks clarification of the language in West Virginia Code §48-7-305. - Continued. 

4.  Captain Earl F. Legg, Jr. v. Mayor David A. Felinton, et al.  - 33044 - The City of Huntington appeals from the circuit court's order reversing a decision of the Fireman's Civil Service Commission which upheld the City's decision to suspend, without pay, and/or terminate plaintiff for a "substituted-refusal to test" drug test conducted pursuant to a reasonable suspicion. The City seeks a reversal of the circuit court's order and a reinstatement of the Commission's decision so that the City may be permitted to terminate plaintiff's employment.

• Appellant's Brief
• Appellee's Brief

5.  SER John McLaurin v. Thomas McBride, Warden - 32983 - This is an appeal from denial of a petition for Writ of Habeas Corpus, seeking reversal and remand to the Circuit Court to grant the petition for Writ of Habeas Corpus and order a new trial.

• Appellant's Brief
• Appellee's Brief
• Reply Brief

6.  State of W. Va. v. Ronnie Allen Rush - 33035  - Continued.

7.  In Re: Jason B. and Jasmine S. - 33009 - This is an appeal of the circuit court’s order refusing an appeal of the family court order denying the request for modification of visitation. Appellants request that the father have supervised visitation. - To be submitted on briefs only without oral argument. 

• Appellant's Brief

8.  State of W. Va. v. Michael Lynn Nutter - 33003 - Defendant appeals from his conviction for the felony offense of failure to meet an obligation to provide support to a minor following a jury trial. Defendant's sentence of 1 to 3 years was suspended and he was placed on two years probation and ordered to pay court costs and restitution. Defendant seeks to have his conviction set aside, a judgment of acquittal entered, and a release from any further obligations with regard to this matter. 

• Appellant's Brief
• Appellee's Brief

9.   James Robert Evans, Jr. v. Sharon Rose Evans - 33045 - Petitioner James Evans, Jr. appeals the circuit court's order reinstating his spousal support obligation and ordering him to pay arrearages which accrued after the family court ordered the payments stopped. - To be submitted on briefs only without oral argument. 

• Appellant's Brief
• Appellee's Brief

10.  Office of Disciplinary Counsel v. Lafe P. Ward, Jr. - 33114 - The Court will hear argument in this lawyer disciplinary matter. - To be submitted on briefs only without oral argument. 

11.  Office of Disciplinary Counsel v. L. Dante DiTrapano - 33115 - The Court will hear argument in this lawyer disciplinary matter.