The West Virginia Supreme Court of Appeals returns to Marshall University’s Huntington campus Tuesday, Sept. 20, to conduct a session during which it will hear three appeals.
The public is invited to attend the session, which begins at 10 a.m. in the Joan C. Edwards Performing Arts Center, and a reception honoring the justices, which will follow in the lobby.
The court’s appearance will be its seventh at Marshall in the past 12 years and is one of many events to be staged during Marshall’s annual Constitution Week celebration, which this year begins Friday, Sept. 2, and runs through Friday, Sept. 23.
Chief Justice Menis E. Ketchum II is a former chairman and member of Marshall University’s board of governors. Other justices are Brent D. Benjamin, Robin Davis, Margaret L. Workman and Allen H. Loughry II.
The docket for the Supreme Court’s visit can be found at www.courtswv.gov/supreme-court/calendar/2016/dockets/sept-20-16ad.html.
The three cases that will be heard are the following:
State of West Virginia v. Ennis C. Payne II, No. 15-0289 – Petitioner appeals his jury conviction on the charges of felony murder and conspiracy to commit burglary. Petitioner contends that the trial court erred in refusing to suppress evidence that was illegally seized; in allowing petitioner to attend his trial in his prison attire and restraints; in refusing to change the venue of the trial; and cumulative error.
WV Dept. of Transportation v. David King, Administrator, No. 15-0711 – Respondent’s mother was killed in an automobile accident with a licensed driver who had been diagnosed with epilepsy and had a history of seizures. Respondent sued Petitioner DMV because Petitioner DMV failed to refer the driver’s medical file to its Medical Advisory Board. Petitioner DMV appeals the denial of its motion for summary judgment in which it argued that referral to the Medical Advisory Board was a discretionary duty, and thus, it was entitled to qualified immunity.
State of West Virginia v. Alvaro A. Vilela, No. 15-0581 – Petitioner appeals following a jury trial resulting in his conviction of kidnapping and attempted extortion. Petitioner was acquitted of felony assault during the commission of a felony, felony extortion, and fifteen misdemeanor counts of unlawful use of a credit card. Petitioner was sentenced to life in prison, with parole eligibility after ten years, to run consecutively with a one-year sentence for attempted extortion.
“This is a unique opportunity for all Marshall students and faculty, as well as K-12 students and teachers, to witness the court in action as it hears and rules on these noteworthy appeals,” said Dr. Alan Gould, director of the university’s John Deaver Drinko Academy, which sponsors the Constitution Week activities.
Constitution Week at Marshall is an annual observance to commemorate the adoption of the U.S. Constitution and to memorialize Chief Justice John Marshall, who is credited with helping define the Constitution and for whom the university is named.
Gould said Constitution Week was started by the late U.S. Senator Robert C. Byrd to draw attention to the importance of the document upon which the country’s system of government is based.
He added, “Included within federal legislation passed in 2004 was a provision requiring educational institutions that receive federal funds to set some time aside on or near the September 17 anniversary of the document’s signing to study the United States Constitution.”
Highlighting the other events planned during Marshall’s observation of Constitution Week is the popular annual quoits tournament. Quoits, a ring-toss game similar to horseshoes, was John Marshall’s favorite sport.
On Friday, Sept 2, faculty, staff and students are encouraged to stop by Buskirk Field between 9 a.m. and 3 p.m. to sign up and practice for the annual Quoits Open Tournament, which will be played Sept. 6-9. Tournament participants will receive gifts, along with a chance to win bragging rights and a trophy, and the opportunity to advance to the President’s Invitational Quoits Tournament on Sept. 9 and the President’s Media Quoits Challenge on Sept. 23. For information, please contact the Drinko Academy at drinko@marshall.edu.
At 11 a.m. on Friday, Sept. 23, just before the President’s Media Quoits Challenge begins, Marshall President Jerome A. Gilbert will cut the cake at the annual John Marshall Birthday Cake Ceremony on Buskirk Field. In addition to cake, kettle corn and punch will be served to the university community.
Marshall alumnus Lt. Gen. Anthony Crutchfield, deputy commander of the U.S. Pacific Command, will be the guest speaker at the Robert C. Byrd Forum on Civic Responsibility. The forum, which is free and open to the public, will be held on Sept. 9 beginning at 2:30 p.m. in the Joan C. Edwards Playhouse.
Here is a complete schedule of Constitution Week events:
- Sept. 2: 9 a.m. to 3 p.m., Quoits sign-ups
- Sept. 6–9: Quoits Open Tournament; times will vary depending on students’ schedules
- Sept. 9: 2:30 p.m., Robert C. Byrd Forum on Civic Responsibility featuring guest lecturer Lt. Gen. Anthony Crutchfield, Joan C. Edwards Playhouse
- Sept. 9: 4 p.m., President’s Invitational Quoits Tournament, Buskirk Field
- Sept. 20: 10 a.m., West Virginia Supreme Court of Appeals, Joan C. Edwards Playhouse
- Sept. 23: 11 a.m., John Marshall Birthday Cake Ceremony, Buskirk Field
- Sept. 23: 11:30 a.m., President’s Media Quoits Challenge, Buskirk Field