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WV Supreme Court of Appeals hears cases at Marshall

court ruling

By Clark Davis

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September 19, 2012 · The five justices of the West Virginia Supreme Court of Appeals heard three cases yesterday at Marshall University. The Supreme Court appearance was part of constitution week at the school.

The court heard three cases at the Marshall University Joan C. Edwards Performing Arts Center at Marshall. It was the 5th time in eight years that the Supreme Court had court on Marshall’s campus. The cases ranged from whether two dogs should be euthanized, negligence involving alcohol and underage girls and a first degree murder conviction appeal.

 

Alan Gould is director of the John Deaver Drinko Academy which sponsors Constitution Week at Marshall. Gould said the attorney’s present the facts of the case and summarize their appeal then each of the justices can ask questions.

 

“It is not a quote trial as you and I might perceive of it, what it is, is basically a question and answer period between the attorney’s and the court, the biggest part of this judicial system is done by the briefs that have been submitted already, now the court will be asking questions based upon those briefs,” Gould said.

 

Hearing cases on campus creates a unique situation for both those making the appeal and the judges.

 

“To the litigants involved it’s very important to them and of course it’s important to the judges because they want to make sure they get it right. They have a beautiful court room in the Capitol, but it’s not quite as large as this one,” Gould said.

 

The five Supreme Court justices hear appeals of decisions decided in the circuit courts, including criminal convictions on appeal from magistrate court and appeals from administrative agencies. Marshall University President Stephen Kopp said it’s great to have the court visit campus.

 

“I think for the students that were in attendance today and the general public that were here, it’s a great opportunity to see how the West Virginia Supreme Court of Appeals functions and to actually witness testimony and legal arguments that were presented from both sides on these very interesting cases,” Kopp said.

 

The justices chose these three cases specifically for the appearance at Marshall.

 

“The Chief Justice selected them because he thought they would be of general interest and I think from the point of view of the judiciary and how the highest court in the state does it’s work, I think it’s important for every citizen in the state to witness the court in action to understand the legal process and the arguments,” Kopp said.

 

Chief Justice of the West Virginia Supreme Court is Menis Ketchum, a native of Huntington. Ketchum said it was important to the justices to choose interesting cases to hear at the university.

 

“That’s why we picked the first case where they want to execute a dog, a neighbor wants to have it euthanized and the second was underage girls were given alcohol and died and the third was first degree murder and we just thought that those three would interest the students rather than some boring contract case,” Ketchum said.

 

Ketchum said the court hopes it will be able to continue to visit Marshall, if not every year, then every couple of years. The justices will release their decision on each of the cases at a later date.

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