I awoke this past Friday morning to a Facebook post by a former colleague from my time at the West Virginia Supreme Court of Appeals and was deeply saddened to learn of the passing of Justice Elliott "Spike" Maynard. That...
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Under W.Va. Code 61-11-25, expungement of a criminal record may be granted if the trial court finds “that there are no current charges or proceedings pending relating to the matter for which expungement is sought.” The issue here is whether “proceeding” includes an administrative grievance proceeding.
Did the trial court exceed its legitimate powers by erroneously ruling that the instant action may proceed to trial and by denying the Bridgeport Defendants the statutory immunity they are entitled to under W. Va. Code § 29-12A-5 of the West Virginia Governmental Tort Claims and Insurance Reform Act?
Are claims arising out of an extramarital affair precluded under W.Va. Code 56-3-2a even though, strictly speaking, they are not pled as claims for alienation of affection?
The plaintiff, A.B., was a female inmate incarcerated in the Southern Regional Jail. The plaintiff alleged that beginning in October, 2009 she was raped seventeen times by a correctional officer, D.H.