Justia Constitutional Law Opinion Summaries

The Supreme Court affirmed the order of the circuit court resentencing Petitioner to not less than ten nor more than twenty-five years in prison, holding that the sentence did not shock the conscience and was not disproportionate to the crime.For appeal purposes, Petitioner was resentenced subsequent to his guilty plea to a charge of failure to provide sex offender registration change of information. In this appeal, Petitioner argued that his sentence shocked the conscience and was disproportionate to the offense. The Supreme Court affirmed, holding (1) Petitioner's sentence does not shock the conscience; and (2) Petitioner failed to establish that his sentence is disproportionate. View "State v. Patrick C." on Justia Law

The Supreme Court reversed Defendant's recidivist life sentence imposed in connection with Defendant's conviction of second offense failure to register as a sex offender, holding that Defendant's recidivist life conviction, as applied, was unconstitutionally disproportionate.Defendant was sentenced to ten to twenty-five years in prison for his offense. Because of his prior convictions, Defendant received a recidivist life sentence under W. Va. Code 61-11-18(c). Defendant appealed both his conviction and his sentence. The Supreme Court affirmed the conviction but reversed the sentence, holding (1) the circuit court properly denied Defendant's motions for acquittal based on the sufficiency of the evidence and Defendant's contention that the trial court incorrectly instructed the jury that time was not of the essence of the alleged offense; but (2) the sentence imposed by the trial court for Defendant's offense was unconstitutionally disproportionate under W. Va. Const. art. III, 5 and the Eighth Amendment to the United States Constitution. View "State v. Hoyle" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Petitioner relief on his second petition for writ of habeas corpus, holding that Petitioner was not entitled to relief on his three arguments on appeal.Petitioner was convicted of burglary by entering without breaking and other offenses. In his second habeas corpus petition Petitioner raised four grounds for relief. The circuit court summarily dismissed the petition. The Supreme Court affirmed, holding that the errors Petitioner raised in this appeal were either not raised below and therefore waived or were previously and finally adjudicated on the merits and not clearly wrong. View "Lewis v. Ames" on Justia Law

The Supreme Court affirmed the order of the circuit court dismissing Plaintiff's claims against a sheriff's deputy, a county, and its sheriff's department alleging that his earlier arrest violated his constitutional rights and was intentional infliction of emotional distress and battery, holding that Plaintiff's claims were time barred and that Plaintiff's motions for disqualification were properly denied.The circuit court dismissed Plaintiff's claims because he did not file within the two-year statute of limitations. On appeal, Plaintiff argued that the circuit judge should have been disqualified from the case and that the tolling provision of W. Va. Code 55-17-3(a) should have applied once he gave notice of his claim to the sheriff's department. The Supreme Court affirmed, holding (1) the tolling provision of section 55-17-3(a) did not apply because the sheriff's department is not part of the executive branch of state government; and (2) Plaintiff's allegations that the circuit judge should have been disqualified were properly adjudicated by the Chief Justice of the Supreme Court and were without merit. View "Patton v. County of Berkeley, West Virginia" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Appellant's petition for a writ of habeas corpus in which Appellant asserted ineffective assistance of counsel, holding that there were no grounds upon which to find that Appellant's trial counsel was ineffective.After a jury trial, Defendant was convicted of murder in the first degree for fatally shooting his wife. Defendant was sentenced to life with mercy. After the circuit court denied Defendant's petition for a writ of habeas corpus Defendant appealed, raising eight separate instances of ineffective assistance of counsel. The Supreme Court affirmed, holding that the circuit court did not err in denying Appellant's petition seeking a writ of habeas corpus. View "Coleman v. Binion" on Justia Law

The Supreme Court affirmed the decision of the circuit court denying Petitioner's petition for writ of habeas corpus asserting ineffective assistance of counsel, holding that there were no grounds upon which to find Petitioner's counsel was ineffective.After a jury trial, Petitioner was convicted of murder in the first degree. Petitioner's habeas petition asserted numerous grounds to support his claims of ineffective assistance of both trial and appellate counsel. After an omnibus hearing, the circuit court denied the petition. Petitioner appealed, raising eight separate instances of ineffective assistance of counsel. The Supreme Court affirmed, holding that Petitioner received effective assistance of counsel. View "Coleman v. Binion" on Justia Law

The Supreme Court affirmed the order of the circuit court denying Petitioner's petition for writ of habeas corpus, holding that the circuit court did not err in finding that Petitioner was not denied due process or effective assistance of trial counsel when he did not receive a sex offender evaluation pursuant to W.Va. Code 62-12-2(e).Petitioner pleaded guilty to one count of sexual abuse by a parent. Petitioner later filed a pro se petition for a writ of habeas corpus alleging due process violations and ineffective assistance of counsel based on his allegation that neither his attorney nor the circuit court informed him that the State would have provided a sex offender evaluation at no cost to him. The circuit court denied habeas relief. The Supreme Court affirmed, holding that Petitioner was not entitled to relief because he failed to prove that he was deprived of due process by his failure to undergo a sex offender evaluation or that the outcome of his sentencing hearing would have been different so as to establish a claim of ineffective assistance of counsel. View "Christopher H. v. Martin" on Justia Law

The Supreme Court affirmed the order of the circuit court affirming the determination of the Board of Equalization and Review that Petitioners Murray Energy Corporation and Consolidation Coal Company's coal interests were properly valued and assessed by Defendants, holding that the circuit court properly concluded that the method of valuing coal properties violated neither the statutory requirement of assessment at "true and actual value" nor the constitutional equality requirements of the West Virginia Constitution and the equal protection provisions of the United States and West Virginia Constitutions.Specifically, the Court held (1) the methodology of valuing Petitioners' coal properties for ad valorem tax valuation purposes, as set forth in West Virginia Code of State Rules 110-1I-1 et seq., does not violate the requirement set forth in W. Va. Code 11-6K-1(a) that natural resources property be assessed based upon its "true and actual value"; and (2) the valuation methodology contained in the Code of State Rules does not violate the equality provision of W. Va. Const. art. X, 1 or the equal protection provisions of the United States and West Virginia Constitutions. View "Murray Energy Corp. v. Steager" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Petitioner's second amended motion for writ of habeas corpus, holding that the circuit court did not err.Petitioner pled guilty by information to first-degree murder. Petitioner later filed his second amended habeas petition asserting (1) his guilty plea by information was illegal under the West Virginia Constitution and Rule 7 of the West Virginia Rules of Criminal Procedure because he faced a life sentence; (2) his guilty plea was involuntary; and (3) his trial counsel provided ineffective assistance. The Supreme Court affirmed, holding (1) while the guilty plea by information did not comport with Rule 7, Petitioner waived his argument as to that irregularity when he waived his constitutional right to an indictment; (2) Petitioner's guilty plea was voluntary; and (3) Petitioner failed to establish deficient performance by trial counsel. View "Montgomery v. Ballard" on Justia Law

In this matter arising from a condemnation proceeding initiated by the West Virginia Department of Transportation, Division of Highways, the Supreme Court accepted questions certified by the circuit court and answered, among other things, that when the DOT initiates a condemnation proceeding that involves a partial taking of land in connection with a highway construction project and when, as a result of the project, a residue tract not needed by the State for public road purposes has been rendered landlocked, a court cannot require the Division of Highways to acquire the landlocked residue by condemnation.The federally-funded highway construction project in this case resulted in residue property being rendered landlocked. The Supreme Court answered questions certified to it by the circuit court and answered, under the circumstances of this case, that (1) the question of whether the residue has become an "uneconomic remnant" is not a question of fact to be determined by a jury; (2) the Division of Highways, over the objection of the landowner, may mitigate the damage to the residue by restoring reasonable public road access thereto; and (3) the trial court cannot require the Division to acquire the landlocked residue by condemnation. View "West Virginia Department of Transportation, Division of Highways v. Echols" on Justia Law