Donald R. Wilson

The case concerned whether former West Virginia Supreme Court Justice Sam R. Harshbarger qualified for benefits under the state's judges' retirement system based on his eight years of judicial service plus prior military and local government service. The circuit court, relying on the precedents in In re Dostert, Oakley v. Gainer, and DePond v. Gainer, had granted Harshbarger a writ of mandamus directing the state auditor to pay him a judicial pension. The Supreme Court of Appeals reversed that order, explicitly disapproving Dostert and its progeny. It held that those decisions rested on an improper procedural foundation lacking a genuine case or controversy and had judicially expanded the retirement system beyond what the constitution and statutes allowed. Without the disapproved precedent, Harshbarger's credited service fell short of the minimum required for a judges' pension.

labor & employmentprocedure

The case involved a challenge by Excavation Construction, Inc., and Shenandoah Quarry, Inc., to the West Virginia Commissioner of Highways' decision not to award a road construction contract to Excavation despite its lowest bid, or to rebid the project. The Commissioner had rejected the bid as irregular because it omitted a required free competitive bidding affidavit, which was submitted the day after bids opened, and instead awarded the contract to the next lowest bidder. The Supreme Court of Appeals affirmed the circuit court's dismissal of the mandamus petition, holding that the petitioners failed to show an abuse of discretion. The court relied on statutes requiring award to the lowest responsible bidder and regulations mandating the affidavit with the bid, citing precedent that public officials have wide discretion in such matters absent clear fraud, collusion, or palpable abuse.

business & regulatoryprocedure

The case involved Freddie Joe Noe, who was convicted by a jury in Cabell County Circuit Court of the first-degree murder of Donna Gail McClung based primarily on fingerprint evidence found in the victim's apartment. Noe appealed, arguing errors including insufficient fingerprint evidence, improper admission of evidence, withholding of evidence, and issues with the prosecutor's closing argument. The Supreme Court of West Virginia reversed the conviction and granted a new trial, finding that the fingerprint evidence was confusing and legally insufficient to sustain the conviction, that certain opinion evidence was improperly admitted, and that the prosecutor's remarks improperly commented on the defendant's failure to testify or present an alibi defense.

criminal lawprocedure

In State v. McGee, the defendant was convicted by a jury in Mineral County Circuit Court of delivering marijuana based on an undercover agent's testimony about a 1973 transaction in a car. On appeal, the West Virginia Supreme Court reversed the conviction and ordered a new trial, finding that the trial court erred by allowing the State to cross-examine the defendant, over objection, about possible prior offenses after she took the stand. The court rejected other claims, including that newly discovered evidence from affidavits warranted a new trial due to lack of diligence and failure to meet established criteria for such motions, and that the plea was not properly entered. The core reasoning focused on the prejudicial risk of prior-offense questioning, which must be balanced against probative value for credibility and accompanied by firm jury instructions limiting its use.

criminal lawprocedure

In State v. Knight, the defendant was convicted in the Circuit Court of Wood County of delivering marijuana after the trial court refused his proposed jury instruction on entrapment, denied a motion for acquittal, and gave a state instruction on the offense elements. On appeal, the Supreme Court of Appeals of West Virginia reversed the conviction solely because the trial court had refused the entrapment instruction. The court reasoned that while defendants who deny committing an offense generally may not assert entrapment due to inconsistency, an exception applies when the state's own evidence in its case-in-chief supports an inference of entrapment, entitling the defendant to have the jury instructed on that defense under a not-guilty plea. The court found no merit in the other assignments of error regarding the directed verdict or the state's instruction.

criminal lawprocedure

The case concerned whether interior decorating qualifies as a 'professional service' exempt from West Virginia's Consumers Sales and Service Tax under W. Va. Code 11-15-8. The taxpayer, an interior decorator assessed $847.71 in taxes for 1966-1971, argued her work fell under the professional services exception, while the State Tax Commissioner maintained it did not. The circuit court sided with the taxpayer by shifting the burden to the Commissioner, but the Supreme Court of Appeals reversed, holding that the statute presumes all services are taxable and places the burden on the taxpayer to clearly establish an exception. Because the term 'professional services' is undefined, the court applied its ordinary meaning and found that interior decorating had not been shown to involve the required standards of study, knowledge, or general acceptance as a profession, unlike occupations explicitly regulated under Chapter 30 of the Code. Accordingly, the court entered judgment for the Commissioner.

taxesbusiness & regulatory