Supreme Court of Appeals of West Virginia

 Argument Docket  
Tuesday, September 22, 2009

Marshall University

1.  State of WV v. John R. Mullens - 34584 - Plaintiff appeals from his conviction for the offense of driving under the influence of alcohol. Defendant appealed his magistrate court conviction to the circuit court on the sole issue of whether probable cause existed for the traffic stop. The circuit court found that there was probable cause. Defendant seeks to have his conviction set aside.

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

     State of WV v. Linda S. Sigler aka Linda S. Mullens - 34741 - Plaintiff appeals her conviction for driving under the influence of alcohol, third offense. She entered a conditional guilty plea, reserving the right to appeal the denial of her motion to suppress evidence obtained at what she asserts was an illegal and unconstitutional police roadblock.

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

2.  Charleston Town Center Co., LP v. The WV HRC and Steven and Cynthia Bumpus - 34739 - Petitioner appeals from the final order of the West Virginia Human Rights Commission in favor of respondent in this administrative action alleging racial profiling. Petitioner seeks a reversal asserting that complainant failed to make a prima facie case of discrimination in a place of public accommodation; that complainants did not attempt to avail themselves of the services and privileges provided by petitioner; that the actions of petitioner did not deny complainants any such access or privileges; and that the actions of the Charleston police officers cannot be attributed to petitioner.

• Human Rights Commission Final Decision
• Appellant's Brief

     Charleston Town Center Co., LP v. The WV HRC and August Robinson - 34740 - Petitioner appeals from the final order of the West Virginia Human Rights Commission in favor of respondent in this administrative action alleging racial profiling. Petitioner seeks a reversal and asserts that complainant failed to make a prima facie case of discrimination in a place of public accommodation; that complainant did not attempt to avail himself of the services and privileges provided by petitioner; that the actions of petitioner did not deny complainant any such access or privileges; and that the actions of the Charleston Police Officers cannot be attributed to petitioner.

• Human Rights Commission Final Decision
• Appellant's Brief

3.   State of WV v. Michael E. Martin - 34709 - Defendant appeals from his convictions for first degree murder without mercy and conspiracy. He was sentenced to life without the possibility of parole. Defendant challenges the verdict on the sufficiency of the evidence and alleges errors relating to jury instructions and the use of Rule 404(b) evidence. Defendant seeks a dismissal or remand for a new trial.

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

4.  State of WV v. Ronnie Allen Rush - 34721 - Defendant appeals following his convictions on two counts of manslaughter, one count of first degree robbery, one count of burglary, and one count of conspiracy to commit burglary. Defendant challenges the circuit court's denial of his motions for a mistrial. Defendant seeks a reversal of his convictions or, in the alternative, a remand for a new trial.

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

The briefs and other filings are provided in PDF format. 
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