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WV Supreme Court to hear cases and judge competition at WVU College of Law



MORGANTOWN, W.Va. —Justices from the Supreme Court of Appeals of West Virginia will convene at the West Virginia University College of Law on Tuesday, March 4 to hear four cases and later judge the final round of the college’s George C. Baker Moot Court Competition.

The hearings will begin at 10 a.m. in the Marlyn E. Lugar Courtroom. Admission is free and open to the public. Seating begins at 9 a.m.

Members of the West Virginia Supreme Court are Chief Justice Robin Jean Davis, Justice Margaret Workman, Justice Menis Ketchum II, Justice Brent D. Benjamin, and Justice Allen H. Loughry II. Davis, Workman, and Ketchum are WVU Law graduates.

The first case that will go before the court will be Liberty Mutual Insurance Company and Greg Chandler’s Frame & Body, LLC v. Patrick Morrisey, Attorney General. Liberty Mutual and Chandler’s Frame & Body are appealing the circuit court’s ruling that they were in violation of the West Virginia Automotive Crash Parts Act.

The second case is Dean Lowe and Martha Lowe v. Joseph C. Richards and Joyce Richards, which involves a right-of-way boundary-line dispute. The boundary line of the properties is the state line between West Virginia and Virginia.

In the third case, John N. Kenney v. Samuel C. Liston, the defendant is appealing a previous jury judgment that awarded compensatory and punitive damages resulting from a DUI motor vehicle accident. The defendant asserts that the circuit court committed multiple errors. The West Virginia Association for Justice has filed an amicus brief in the case.

The final case to be heard by the Supreme Court is Ron King, Fire Marshal/Code Official, David Casebolt, Mayor, and the City of Nitro v. Richard Nease and Lorinda Nease. The City of Nitro and its officials are appealing the circuit court’s ruling that the city did not have the authority to enact an ordinance to establish a search fee for documents requested through the Freedom of Information Act.

Attendees to the Supreme Court hearings should be seated by 9:50 a.m. Business attire is expected and backpacks/book bags are not allowed in the courtroom. If entering or exiting the courtroom after court starts, visitors must do so between cases to avoid undue disruption.

Following the morning court session, the justices will return to the Marlyn E. Lugar Courtroom to judge the College of Law’s Baker Cup Moot Court Competition between second-year law students Marissa Grace and Jeremy Hylton. Starting at 1:30 p.m., Grace and Hylton will argue the problem of whether or not a judge is constitutionally required to provide a definition of reasonable doubt and, if so, what that definition is. Both finalists will receive an award and a cash prize at the conclusion of the competition. The Baker Cup was established at the College of Law in 1926.


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