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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. Noah Junior Lowe 11/28/2000
3:00-cr-00063

Memorandum Opinion

A jury convicted Noah Junior Lowe (hereinafter "Lowe") of the charges contained in a two count indictment. Count one charged Lowe with conspiracy to knowingly and intentionally distribute marijuana and valium, and count two charged Lowe with attempting to possess with intent to distribute marijuana.1 Lowe stands convicted of 21 U.S.C. § 846 violations. Section 846 provides that: "[a]ny person who attempts or conspires to commit any offense defined in [the Controlled Substances Act] shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy." The offenses that were the object of the conspiracy, in count one, and the attempt, in count two, are violations of § 841(a), the penalties for which are found in § 841(b).2

Author:
Joseph R. Goodwin
Roger Benson and Sheri Benson v. Continental Insurance Company and Omni Financial Services 11/16/2000
5:00-cv-00863

Memorandum Opinion and Order

Pending are 1) Plaintiffs' motion to remand this action to the Circuit Court of Raleigh County, West Virginia, and 2) Indigo Financial Services' motion to dismiss for failure to state a claim for which relief can be granted. Because Plaintiffs filed a Notice of Dismissal against the previously named Defendant Indigo Financial Services, a notice which was attached to Plaintiffs' Second Amended Complaint, filed in Raleigh County prior to removal, the Court GRANTS the second motion and dismisses the complaint as to Indigo Financial Services and, for reasons discussed below, Omni Financial Services, L. L. C. , the recently substituted Defendant. Plaintiffs' motion to remand is DENIED, as well.

Author:
Charles H. Haden II
Howard Phillips, et al. v. Ken Hechler 11/03/2000
6:00-cv-00894

Memorandum Opinion and Order

On October 19, 2000, and with the consent of the parties, the court consolidated the plaintiffs' motion for preliminary injunction with a trial on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2). Neither party objected to the consolidation. The plaintiffs submitted the issue on oral argument and brief; the defendant submitted the issue on oral argument. The court ORDERED a permanent injunction, which prevented the defendant from refusing to certify the plaintiffs, Phillips and Frazier, as official write-in candidates for the offices of President and Vice President of the United States provided that such plaintiffs filed a certificate of announcement before October 24, 2000. Further, the court DENIED AS MOOT plaintiffs' motion for preliminary injunction. The court now writes to explain its decision.

Author:
Joseph R. Goodwin
John Russell Krider v. W.K. Marshall, et al. 10/06/2000
2:99-cv-00845

Memorandum Opinion and Order

Pending is Defendant W.K. Marshall's motion for summary judgment. The Court GRANTS the motion and DISMISSES the case.

Author:
Charles H. Haden II
Connie F. Cunningham v. Joseph Scibana 10/03/2000
1:00-cv-00223

Memorandum Opinion and Order

Petitioner, Constance F. Cunningham (“Cunningham”) was formerly a registered nurse at a hospital in Indiana. She acknowledges having once been addicted to Demerol, a Schedule II controlled substance administered in hospitals as a powerful painkiller. Cunningham was charged with removing Demerol from syringes stored in a locked cabinet at the hospital where she worked and concealing the removal by substituting a saline solution for the Demerol. A jury convicted her of violating 18 U.S.C. § 1365(a) which forbids tampering with a consumer product “with reckless disregard for the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk.”

Author:
David A. Faber
David J. Rice v. Community Health Association 09/29/2000
6:97-cv-01169

Memorandum Opinion and Order

Pending are the parties' cross motions for summary judgment. The Court GRANTS the motion of Defendant Community Health Association, d/b/a Jackson General Hospital (Hospital). Plaintiff's motion is DENIED.

Author:
Charles H. Haden II
Travelers Property Casualty Corporation v. Todd Eberbach, et al. 09/27/2000
2:00-cv-00062

Memorandum Opinion and Order

Pending is Plaintiff's motion for summary judgment. The Court GRANTS the motion.

Author:
Charles H. Haden II
Odie L. Reveal, et al. v. Douglas N. Stinson, et al. 09/22/2000
2:00-cv-00467

Memorandum Opinion and Remand Order

Pending is Plaintiffs' motion to remand.1 The Court GRANTS the motion.

Author:
Charles H. Haden II
Nader 2000 Primary Committee, Inc., et al. v. Ken Hechler 09/15/2000
2:00-cv-00839

Memorandum Opinion and Order
Granting Preliminary Injunction

Pending is Plaintiffs' Motion for a Preliminary Injunction. At a hearing on Plaintiffs' motion came Plaintiffs by Elizabeth Daniel and Jason Huber and came Defendant by Robert D. Williams and Donald L. Darling, Assistant Attorneys General of West Virginia. The parties submitted the issue on oral arguments and the briefs. On that basis, the Court GRANTS Plaintiffs' motion for preliminary injunction.

Author:
Charles H. Haden II
Prestera Center for Mental Health Services, Inc., et al. v. Elizabeth S. Lawton, et al. 09/12/2000
2:00-cv-00436

Memorandum Opinion and Order

Pending are Defendants' motion to dismiss for failure to state a claim and lack of federal jurisdiction and Plaintiffs' motion for preliminary injunction. The Court GRANTS in part and DENIES in part Defendants' motion to dismiss. Finding a federal question, the Court retains jurisdiction of this action. Plaintiffs' motion for preliminary injunctive relief is DENIED.

Author:
Charles H. Haden II

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