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Opinions

The Southern District of West Virginia offers a database of opinions starting in the year 2001, listed by year and judge. For a more detailed search, enter the keyword or case number in the search to the right or sort using the drop-downs below.

United States of America v. Tawayne Devone Love 10/07/2022
2:03-cr-00187

Memorandum Opinion and Order

There are seventeen filings pending before the court, including Defendant Tawayne Love’s Motion for Reduction of Sentence pursuant to the First Step Act. [ECF No. 786]. Mr. Love is a federal prisoner, who has been incarcerated for eighteen years or 38% of his life, largely based on his status as a career offender at sentencing. A defendant is a career offender under the United States Sentencing Guidelines if, among other things, “the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.” U.S.S.G. § 4B1.1(a) (emphasis added). One of Mr. Love’s qualifying felony convictions was for Possession with Intent to Deliver Marijuana in violation of Pennsylvania law. Since his marijuana conviction nearly 30 years ago, federal and state law reflect a radical policy shift towards the decriminalization of marijuana, which mirrors the contemporary views of society.

Author:
Joseph R. Goodwin
Mary Dursten v. Todd Alexander and Board of Education, Cabell County Schools 08/30/2022
3:19-cv-00029

Memorandum Opinion and Order

Pending before the Court are Plaintiff’s Motion for Partial Summary Judgment (ECF No. 211), Defendant Board of Education, Cabell County Schools’ (“Board” or “CCBOE”) Motion for Summary Judgment (ECF No. 209), and Defendant Todd Alexander’s Motion for Summary Judgment (ECF No. 206). For the reasons herein, Defendant Board’s Motion is GRANTED, and Plaintiff’s cross-Motion is DENIED. Defendant Alexander’s Motion is GRANTED, in part, as to Count One, and DENIED, in part, as to Count Three.

Author:
Robert C. Chambers
United States of America v. David Keith Nutter 08/29/2022
2:21-cr-00142

Memorandum Opinion and Order

The Court has reviewed the Defendant’s Bruen-Based Motion to Dismiss (Document 62), the Response of the United States to Defendant’s Motion to Dismiss (Document 66) and the Defendant’s Reply on Bruen-Based Motion to Dismiss (Document 67).  For the reasons stated herein, the Court finds that the renewed motion to dismiss should be denied.

Author:
Irene C. Berger
Gibson v. Goldston 07/15/2022
5:21-cv-00181

Memorandum Opinion and Order

Pending are cross motions for summary judgment as to Defendant Louise Goldston [Docs. 65, 67] and a motion for summary judgment filed by the Raleigh County Commission, Jeff McPeake, Brian White, and Bobby Stump1 (collectively, the “Raleigh County Defendants”) [Doc.63]. The matter is ready for adjudication.

Author:
Frank W. Volk
Living Lands, LLC v. Cline 03/15/2022
3:20-cv-00275

Memorandum Opinion and Order

Pending before the Court is Defendant Harold Ward’s Motion to Dismiss. ECF No. 44. For the following reasons, this Motion is DENIED, in part, and GRANTED, in part. ECF No. 44.

Author:
Robert C. Chambers
Thompson v. CSX Transportation, Inc. 01/31/2022
3:20-cv-00699

Memorandum Opinion and Order

Pending before the Court is Defendant CSX Transportation Inc.'s Motion for Summary Judgement, ECF No. 31. For the following reasons, the motion is GRANTED.

Author:
Robert C. Chambers
Cox v. Lightning Contract Services, Inc. 01/31/2022
5:19-cv-00178

Memorandum Opinion and Order

The Court has previously entered default judgment against the Defendants concerning liability. [Doc. 32]. The issue of damages is ready for adjudication following a July 15, 2021 evidentiary hearing. [Doc. 42].

Author:
Frank W. Volk
United States v. Jamie Southern 08/31/2021
5:20-cr-00117

Memorandum Opinion and Order

On March 26, 2021, counsel and the parties appeared for disposition. Having received the parties' supplemental briefs as to Objection Two and Objection Ten to the Presentence Investigation Report, the matter is ready for adjudication.

Author:
Frank W. Volk
Stewart L. Jordan, III, v. United States Of America 08/05/2021
3:21-cv-00343, 3:20-cr-00046-01

Memorandum Opinion And Order

Pending before the court is the United States' Motion for an Order Directing
Movant to File a Privilege Waiver. (ECF No. 37). The undersigned notes that the United States Attorney's Office continues to file, in § 2255 cases alleging ineffective assistance of counsel, the same motion asking the undersigned to compel the movant to file a waiver of the attorney-client privilege, notwithstanding that in each instance, the Court has declined to compel the movant to sign a waiver...

Author:
Cheryl A. Eifert
M.T. Bores, LLC v. Mountain Valley Pipeline, LLC 08/02/2021
5:20-cv-00602

Memorandum Opinion and Order

Pending is Defendant US Trinity Energy Services, LLC’s (“Trinity”) Motion to Compel Arbitration, Motion to Stay, and (alternative) Motion to Dismiss Counts III and IV of the Amended Complaint [Doc. 8], filed October 9, 2020. M.T. Bores, LLC (“MT Bores”) responded on November 2, 2020, [Doc. 14], to which Mountain Valley Pipeline, LLC (“MVP”) and Trinity replied. [Docs. 16, 17]. Also pending is Plaintiff MT Bores’ Motion to Compel Mountain Valley Pipeline, LLC to Participate in Arbitration Between MT Bores, LLC and U.S. Trinity Energy Services, LLC [Doc. 21], filed November 17, 2020. After several extensions, MVP and Trinity responded respectively on January 8, 2021, and January 22, 2021. [Docs. 29, 31]. MT Bores did not reply.

Author:
Frank W. Volk

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