Fred H. Caplan

In Serge v. Matney, citizens and taxpayers of McDowell County petitioned for the removal of two county commissioners, Chester Matney and Thomas R. Lawson, alleging official misconduct, malfeasance in office, and neglect of duty after their recent election. The trial court removed both officials upon finding they had voted for county budgets that included salary increases for their wives, who were county employees, in violation of W.Va. Code § 61-10-15, an anti-nepotism statute barring public officers from pecuniary interests in matters over which they have influence or control. The Supreme Court of Appeals affirmed, concluding that the undisputed votes on the budgets constituted misconduct warranting removal under the statute and precedent in Hunt v. Allen, making it unnecessary to address additional charges.

criminal lawelections

Grace Karnell, as administratrix of her father's estate, sued the owners of the McClain Building after attempting to sell Gregg’s Restaurant to the Renforths under an agreement conditioned on the owners granting the buyers a ten-year lease, which was never executed; the Renforths stopped payments, and Karnell alleged breach of contract, tortious interference, negligent breach, and fraud. The trial court granted summary judgment for the defendants, viewing the complaint as alleging only tortious interference with no genuine factual dispute. The West Virginia Supreme Court reversed and remanded, holding that the record presented complex factual issues involving motive and intent—such as whether the owners agreed to or fraudulently promised the lease, intended only a month-to-month arrangement, or failed to negotiate—that could not be resolved on summary judgment without further development of the evidence.

business & regulatorypropertytorts & liabilityprocedure

In State v. Romine, the defendant was convicted by a jury in Wood County Circuit Court of burglary and rape and sentenced to one to fifteen years and twenty years in prison. On appeal, the Supreme Court of Appeals of West Virginia reversed the convictions and remanded the case for a new trial. The main error identified was the state's jury instruction on the penalty for rape, which incorrectly stated that the defendant could receive the death penalty or life imprisonment without parole and misdescribed the effect of a mercy recommendation, even though the death penalty had been repealed in 1965 and the applicable penalties were different. The court reasoned that an erroneous instruction on the law is presumed prejudicial and could have affected the jury's decision, requiring reversal. It also noted that certain exhibits unrelated to the charged crimes were improperly admitted into evidence.

criminal lawprocedure

In Flowers v. City of Morgantown, property owners sued the City after it constructed an elevated concrete walkway ramp as part of a parking facility adjacent to their commercial building, claiming interference with their special property rights of access, light, air, and view from abutting public streets and seeking an order requiring condemnation proceedings with just compensation. The trial court dismissed the complaint for failure to state a claim, relying on precedent that such rights are subject to reasonable public regulation without compensation. The West Virginia Supreme Court of Appeals reversed, holding that under Article III, Section 9 of the state constitution, these easements are protected property rights that cannot be taken or damaged for public use without just compensation, that the owners could potentially prove facts showing substantial interference entitling them to relief, and that the case should proceed on the merits.

propertyprocedure

In State v. Harris, Mildred Harris was convicted by a jury in Mercer County Circuit Court of unlawfully delivering marijuana to a juvenile and sentenced to one to five years in prison. The prosecution's case relied on the juvenile's testimony, while the defense presented multiple witnesses; during cross-examination of those witnesses, the State repeatedly referenced an unrelated discovery of eight and a half pounds of marijuana at Harris's home several months earlier. The West Virginia Supreme Court held that this evidence of a collateral offense was inadmissible under the rule from State v. Thomas, as it had no legal connection to the charged delivery and improperly suggested the defendant's propensity to commit crimes. The court reversed the conviction and remanded for a new trial, finding the error required reversal because it compelled the defendant to address uncharged conduct and diverted the jury.

criminal lawprocedure

This case is an appeal from the Circuit Court of Wayne County's denial of habeas corpus relief to Joseph Carrico, who was convicted by jury in 1971 of forcible rape under W. Va. Code 61-2-15 and sentenced to ten to twenty years after the jury recommended mercy. Carrico petitioned in 1977 alleging ineffective assistance of counsel—specifically failures in investigation, witness presentation, and post-trial representation—and denial of a fair trial, but the court affirmed the denial after applying the standard from State v. Thomas that requires proof by a preponderance of evidence that counsel lacked the normal skill of reasonably knowledgeable criminal attorneys and that any errors were not harmless. The court further held that Carrico voluntarily waived his appeal rights in exchange for dismissal of other charges and that claims about trial errors such as continuances or evidence admission were not proper subjects for habeas corpus.

criminal lawprocedurecivil rights