Supreme Court to hold Argument Docket at Marshall University

 HUNTINGTON, W.Va. – The Supreme Court of Appeals of West Virginia plans to return to Marshall University on September 22 to hear an Argument Docket during the school’s celebration of Constitution Week.

The Court will hear several cases beginning at 10 a.m. The public is invited to attend the Court session at the Joan C. Edwards Performing Arts Center. The Court’s visit to Marshall marks the fourth year the justices have visited the campus during Marshall’s celebration of Constitution Week.

Marshall University is named for former U.S. Supreme Court Chief Justice John Marshall, who served on that Court from 1801 to 1835 and was the longest serving Chief Justice in United States history. He died two years before Marshall Academy was formed in 1837.

West Virginia Chief Justice Brent Benjamin said, "I look forward to bringing the Court back to Marshall. I know Justice Robin Jean Davis and I have enjoyed our visits to the campus in the past and I know my three new colleagues are eager to see the students in the audience. We are happy to be able to participate in the Constitution Week observance."

The cases on the docket on September 22 will be

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.

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.

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.

Charleston Town Center Co., LP v. The WVHRC 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.

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.

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.