Supreme Court of Appeals of West Virginia

 Argument Docket  
Wednesday, March 10, 2010

 Please note: #3 SER Lincoln Stuart Taylor v. Hon. David R. Janes, Judge - 35287 - will
 be called  immediately following the Motion Docket.  

1.  State of West Virginia v. David Harold Eilola - 35140 - David Harold Eilola appeals his conviction for attempted first degree murder, malicious assault, fourth degree arson, violation of a domestic violence protective order, and domestic battery. He asserts that the convictions for attempted first degree murder and malicious assault violated his right against double jeopardy; that there was insufficient evidence to support the attempted murder conviction; and that the trial court's refusal to give him credit for pre-trial time served on his parole eligibility violates his right to equal protection.- To be presented on briefs only without oral argument. 

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief

2.  Bernard Boggs v. Camden-Clark Memorial Hospital - 35223 - Certified Questions: QUESTION (1): Do allegations of a malicious prosecution suit against the insured, an attorney, by a client's former opponent in a previous action defended by the insured fall within the scope of a commercial general liability policy of personal umbrella liability policy issued to the attorney wherein the term "personal injury" is defined to include "malicious prosecution"? ANSWER: Yes.

QUESTION (2): Under a liability insurance policy wherein the term "personal injury" is defined to include "malicious prosecution," is a malicious prosecution suit against the insured, an attorney, by a client's former opponent in a previous action defended by the insured excluded by policy language that states that "This insurance does not apply to...'personal injury'... due to rendering...professional services unless professional liability coverage has been endorsed hereon or stated in the Declarations. This includes but is not limited to: (1) Legal, accounting or advertising services"? ANSWER: Yes.

QUESTION (3): Under a personal umbrella liability insurance policy wherein the term "personal injury" is defined to include "malicious prosecution" is a malicious prosecution suit against the insured, an attorney, by a client's former opponent in a previous action defended by the insured excluded by policy language that states that "This insurance does not apply to...'personal injury' arising out of any act, malpractice, error or omission committed by any 'insured' in the conduct of any profession or 'business,' even if covered by 'underlying insurance'"? ANSWER: Yes

QUESTION (4): Do the "professional services" exclusion of the business owners package policy and/or the "professional liability" exclusion of the personal umbrella liability policy apply when the claim asserted against the policyholder for which coverage is sought in not made by a person or entity to whom the policyholder rendered professional services, but by a third-party to whom no professional services were rendered? ANSWER: Yes

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief
• Brief of Respondent Bernard Boggs
• Reply to Brief of Respondent Boggs

3.  SER Lincoln Stuart Taylor v. Hon. David R. Janes, Judge - 35287 - Petitioner seeks a writ of prohibition and a writ of mandamus related to criminal charges pending against him. - Justice McHugh disqualified. Judge Young sitting by temporary assignment. THIS CASE WILL BE CALLED FIRST.

• Petition for Writ of Prohibition
• Response of the State of W. Va.

The briefs and other filings are provided in PDF format. 
 Download free Reader