West Virginia Supreme Court of Appeals Issues Argument Docket for May 7

CHARLESTON, W.Va., May 7 -- The West Virginia Supreme Court of Appeals issued the following docket:

Rule 20 argument - 10:00 a.m.

1. SER Justin S. Golden, Sr. and New York Life v. Honorable Tod J. Kaufman, Judge; and Mark A. Miller, No. 14-0280 - Petition for Writ of Prohibition seeking to prevent the Circuit Court of Kanawha County from going forward with a trial on claims that represent claims for "alienation of affections".

* Petition for Writ of Prohibition

* Response of Mark Miller

* Response of New York Life Insurance

* Response of Hon. Tod Kaufman, Judge

* Supplemental Brief of Respondent Mark Miller

2. Jeremy Dale Humphrey v. West Virginia Division of Corrections, No. 13-0765 - Petitioner appeals the circuit court's order setting aside its prior order of expungement in this civil matter.

* Circuit Court Order

* Petitioner's Brief

* Brief of the Respondent

Rule 19 argument

3. Women's Health Center of West Virginia v. Nicole Parsons, No. 13-0519 - Petitioner Health Center appeals the order of the Circuit Court of Kanawha County, entered April 24, 2013, that reversed Workforce West Virginia Board of Review's finding that respondent-employee was not eligible for unemployment benefits compensation.

* Circuit Court Order

* Petitioner's Brief

* Brief of the Respondent

* Reply Brief

4. Steven O. Dale, Acting Commissioner of the WV Division of Motor Vehicles v. Anthony Ciccone, No. 13-0821 - DMV appeals the circuit court's order denying its appeal of the decision of the Office of Administrative Hearings that reversed respondent's license revocation. The OAH and circuit court found that DMV failed to prove that respondent was "lawfully arrested" pursuant to West Virginia Code section 17C-5A-2(f).

* Circuit Court Order

* Petitioner's Brief

5. Steven O. Dale, Acting Commissioner of the WV Division of Motor Vehicles v. Craig Ray, No. 13-0889 - DMV appeals the circuit court's July 18, 2013, order affirming the decision of the Office of Administrative Hearings that reversed the revocation of respondent's license. The OAH found that the arresting officer's testimony regarding the stop of respondent's vehicle was inconsistent and lacked credibility, and therefore, DMV failed to demonstrate that respondent was lawfully placed under arrest pursuant to West Virginia Code section 17C-5A-2(f).

* Circuit Court Order

* Petitioner's Brief

* Brief of the Respondent

* Reply Brief

6. In Re: C.J., M.M. and M.M., No. 13-1091 - Petitioners Intervening Foster Parent and the Guardian Ad Litem jointly appeal the circuit court's order returning physical and legal custody to the mother in this abuse and neglect matter.

Circuit Court Order and all briefs on file in the Supreme Court Clerk's Office.

7. Lawyer Disciplinary Board v. Charles Amos, No. 13-0065 - The Court will hear arguments in this Lawyer Disciplinary case.Justice Ketchum Disqualified. Judge Aloi sitting by temporary assignment.

* Brief of the Lawyer Disciplinary Board

* Brief of the Respondent

8. Lawyer Disciplinary Board v. George Stanton III, No. 13-0138 - The Court will hear arguments in this Lawyer Disciplinary case.

* Brief of the Lawyer Disciplinary Board

* Brief of the Respondent

* Reply Brief of the Lawyer Disciplinary Board

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