Justia Constitutional Law Opinion Summaries

Articles Posted in Supreme Court of Appeals of West Virginia
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The Supreme Court affirmed the order of the circuit court sentencing Petitioner to life in prison pursuant to the habitual criminal statute, W. Va. Code 61-11-18, holding that the circuit court did not err.After Petitioner was convicted of one count of fleeing in a vehicle with reckless disregard the State filed an information charging him as a recidivist with three felony convictions. Thereafter, the legislature amended the habitual criminal statute, making the changes effective on June 5, 2020. The circuit court applied the 2020 version of the recidivist statute and sentenced him to life imprisonment with parole eligibility after fifteen years. The Supreme Court affirmed, holding (1) the circuit court properly applied the 2020 version of W. Va. Code 61-11-18 rather than the 2000 version of the statute; and (2) the sentence was not unconstitutionally disproportionate to the crimes Petitioner committed. View "State v. Horton" on Justia Law

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The Supreme Court reversed the order of the circuit court permanently enjoining the State from implementing the Hope Scholarship Act, W. Va. Code 18-31-1 to -13, after declaring the Act to be unconstitutional, holding that the circuit court abused its discretion.The Act established the Hope Scholarship Program to create education-savings accounts that may only be used for specific educational purposes. Via statute, the Hope Scholarship's funding was "in addition to all other amounts required" to fund public education. Plaintiffs brought this complaint seeking injunctive and declaratory relief and arguing that the Act was unconstitutional. The circuit court ruled that the Act was unconstitutional. The Supreme Court reversed, holding (1) the Act does not facially violate the "free schools" clause contained in W. Va. Const. art. XII, 1; (2) the Act does not impinge on a child's fundamental right to an education; (3) the Act does not violate W. Va. Const. art. XII, 4-5 or art. X, 5; and (4) the Act does not violate article XII, 2. View "State v. Beaver" on Justia Law

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The Supreme Court affirmed the order of the circuit court resentencing Petitioner, for purposes of this appeal, to an aggregate term of incarceration of five to twenty-five years for her convictions for child neglect resulting in death and gross child neglect creating a risk of substantial injury or death, holding that Petitioner was not entitled to relief.On appeal, Petitioner argued that the circuit court violated her right under the Sixth Amendment to conflict-free counsel and that the State violated Brady v. Maryland, 373 U.S. 83 (1963), by failing to disclose certain records. The Supreme Court disagreed and affirmed, holding (1) the trial court did not err in finding that even if counsel's performance was deficient, the deficient performance did not adversely affect the outcome of the trial; and (2) there was no merit in Petitioner's contention that a Brady violation occurred in this case. View "State v. A.B." on Justia Law

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The Supreme Court vacated the adjudicatory and dispositional orders of the circuit court in this termination of parental rights case, holding that the circuit court erred when it terminated Father's parental rights because Father did not receive proper notice of the hearing at which he was purportedly adjudicated.The circuit court terminated Father's parental rights for allegedly abandoning his infant son. Father proposed two assignments of error claiming that he was denied an adjudicatory hearing for a determination whether the child had been abuse and/or neglected as alleged. The Supreme Court vacated the circuit court's order, holding (1) Father did not receive proper notice that the hearing at issue was an adjudicatory hearing from him, and without such notice, Father was not provided due process; and (2) without first holding an adjudicatory hearing, the circuit court could not lawfully proceed to disposition and termination of Father's parental rights. View "In re A.G." on Justia Law

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The Supreme Court affirmed the orders of the circuit court dismissing Jefferson County Foundation, Inc.'s suit seeking a declaration that a series of transactions were an unlawful "de facto tax abatement," holding that there was no error.After the West Virginia Economic Development Authority (WVEDA) adopted a resolution to undertake a series of transactions with Roxul USA, Inc. (Rockwool) to finance the construction of a manufacturing plant the Foundation filed a complaint seeking a declaration that the transactions were a de facto tax abatement for Rockwool that violates both statute and the West Virginia Constitution. The business court dismissed the suit with prejudice. The Supreme Court affirmed, holding (1) WVEDA was statutorily authorized to engaged in the transactions; (2) the transactions were not an exemption from tax; (3) the West Virginia Economic Development Act does not conflict with W. Va. Code 11-3-9; and (4) the transactions did not violate W. Va. Const. art. X, 1. View "Jefferson County Foundation, Inc. v. W. Va. Economic Development Authority" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court denying Defendant's petition for a writ of habeas corpus, holding that the circuit court did not err in denying the petition.Defendant was convicted of first-degree robbery, conspiracy, and entry of a dwelling. In his habeas petition, Defendant alleged that his trial counsel provided ineffective assistance and that the State violated his constitutional rights by presenting false testimony. The circuit court denied the habeas petition. The Supreme Court affirmed, holding that Defendant failed to prove ineffective assistance of counsel and that Defendant's second assignment of error lacked merit. View "Goodman v. Searls" on Justia Law

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The Supreme Court answered in the affirmative two questions certified by the United States District Court for the Southern District of West Virginia, holding that there is no separate cause of action for excessive force by police officers during the course of arrest within the plain language of W. Va. Const. Art. III, 10.Specifically, the Supreme Court held (1) West Virginia applies to its constitution the rule established in Graham v. Connor, 490 U.S. 386 (1989), and United States v. Lanier, 520 U.S. 259 (1997), which requires a constitutional claim that is covered by a specific constitutional provision to be analyzed under the standard specific to that provision and not under substantive due process; and (2) in light of Fields v. Mellinger, 851 S.E.2d 789 (W. Va. 2020), a claim for excessive force by police officers brought under W. Va. Const. art. III, 10 is redundant to a claim brought under Article III, Section 6. View "Stepp v. Cottrell" on Justia Law

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The Supreme Court reversed the judgment of the circuit court dismissing this complaint alleging violations of the West Virginia Human Rights Act (WVHRA), W. Va. Code 5-11-1 to -20, holding that Respondent was not entitled to qualified immunity under the WVHRA, and Petitioner's complaint sufficiently stated her claims.Petitioner, a former commercial driver's license instructor for Respondent, Eastern West Virginia Community and Technical College, filed a complaint alleging that Respondent's decision to terminate her employment was predicated upon illegal age and sex discrimination. The circuit court granted Respondent's motion to dismiss, concluding that Respondent was entitled to qualified immunity and that Petitioner had failed to satisfy the heightened pleading standard. The Supreme Court reversed, holding that Petitioner's complaint pleaded sufficient facts to survive a W. Va. R. Civ. P. 12(b)(6) motion to dismiss. View "Judy v. Eastern West Virginia Community & Technical College" on Justia Law

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The Supreme Court reversed two of Defendant's convictions in this case arising from a fatal drug overdose and remanded the case to the circuit court to resentencing, holding that the convictions violated the constitutional prohibition against putting an individual twice in jeopardy.Defendant was convicted of delivery of a controlled substance (methamphetamine), delivery of a controlled substance (Fentanyl), conspiracy to commit a felony, drug delivery resulting in death, and possession of Fentanyl. The Supreme Court affirmed in part and reversed in part, holding (1) the circuit court erred in permitting Defendant to be convicted of both delivery of a controlled substance and delivery of a controlled substance causing death; and (2) there was no error in regard to Defendant's remaining two issues. View "State v. Duke" on Justia Law

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The Supreme Court affirmed the order of the circuit court that re-sentenced Defendant, for purposes of appeal, to an indeterminate term of not less than ten nor more than twenty years in connection for his conviction of one count of sexual abuse by a parent or person in a position of trust to a child, holding that there was no error.Specifically, the Supreme Court held (1) the circuit court did not abuse its discretion by denying Defendant's motion to suppress his recorded confession and allowing Defendant's interview at the police department to be played for the jury; (2) the circuit court did not err by failing to give two jury instructions proffered by Defendant; and (3) Defendant's claim of ineffective assistance of counsel was not properly before this Court on direct appeal. View "State v. Campbell" on Justia Law