West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, April 22, 2020

Rule 20 argument - 10:00 a.m.


State of West Virginia v. Harry Lee Smith, Jr., No. 19-0143 - Petitioner appeals the Circuit Court of Mercer County’s order denying his motion for a new trial and sentencing him following his convictions for two counts of kidnapping, one count of breaking and entering, and three counts of wanton endangerment. Rescheduled to April 21.

Roof Service of Bridgeport, Inc. v. Robert Trent and Charlotte Trent, No. 19-0200 - Petitioner appeals the Circuit Court of Harrison County’s order denying its motion for judgment as a matter of law or, alternatively, a new trial, following a jury trial on Respondents’ claims of negligence and loss of consortium. The jury found in respondents’ favor and awarded a total verdict of $931,000. Continued

Antero Resources Corporation v. Dale W. Steager, State Tax Commissioner, No. 18-1106 - Petitioner appeals the Circuit Court of Kanawha County’s reversal of the Office of Tax Appeals’ reversal of the State Tax Department’s assessment of sales and/or use tax on certain property and services purchased or rented by petitioner for use at natural resource well sites. Continued

Rule 19 argument


Christopher McKenzie v. Donald L. Sevier and Cassandra Sevier No. 19-0010 - Petitioner appeals the Circuit Court of Marion County’s order denying his motion for a new trial on damages after a jury found that respondent committed a battery on him but awarded $0 in damages. Respondent appeals that portion of the order requiring him to pay the costs of the jury trial and granting petitioner’s motion for sanctions based upon respondent’s failure to comply with the circuit court’s discovery orders. Continued

SWN Production Company v. Corey Conley, et al. No. 19-0267 - Petitioner appeals the Circuit Court of Brook County’s denial of its motion to intervene in a suit to quiet title. The underlying action involves the question of an interest in oil and gas rights, to which Petitioner acquired a leasehold interest. The circuit court determined that the motion to intervene was not timely filed, that Petitioner acquired its interest after the denial of its first motion to intervene, and that its rights are adequately represented by Respondent Conley. Continued

Everett Frazier, Commissioner WV DMV v. John Fouch, III No. 19-0350 - Petitioner appeals the decision of the Circuit Court of Kanawha County reversing the Office of Administrative Hearings’ order revoking Respondent’s driver’s license for driving while under the influence. In reversing the OAH’s decision, the circuit court concluded that the OAH improperly admitted certain evidence relevant to Respondent’s intoxication. Continued

Office of Lawyer Disciplinary Counsel v. John B. Hardison No. 20-0021 - The Court will hear arguments in this lawyer disciplinary case. Briefs are on file in the clerk's office. Chief Justice Armstead disqualified Continued