The session begins at 10 a.m. in the Marlyn E. Lugar Courtroom. Admission is free and open to the public. Seating begins at 9 a.m.
The justices will first consider a certified question in a case of abuse and/or neglect of an unborn child. The Circuit Court of Ohio County is arguing that legal action can be taken against a parent in the case even though the child was born alive.
In the second case on the docket, the justices will hear the state’s appeal of a Circuit Court of Ohio County ruling that granted a motion to expunge a defendant’s criminal record.
The final argument of the morning is the State of West Virginia v. Leonard Lewis. Lewis, who is serving a life sentence without mercy, is appealing his conviction and sentencing for attempted murder, kidnapping, malicious assault, domestic assault and domestic battery.
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. Visitors must enter or exit the courtroom between cases to avoid disruption.
The justices of the Supreme Court of Appeals of West Virginia are Chief Justice Allen H. Loughry II, Robin Jean Davis, Menis E. Ketchum II, Margaret L. Workman and Elizabeth D. Walker. Davis, Workman and Ketchum are graduates of the WVU College of Law.
The justices will re-convene in the Lugar Courtroom at 1:30 p.m. on February 28 to judge the final round of the George C. Baker Moot Court Competition. The annual competition between second-year law students is traditionally judged by the West Virginia Supreme Court. The argument this year is a Fourth Amendment issue about using cell phone (cell-site) location information in a criminal investigation.
Jolly, College of Law
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