For the 20th consecutive year, the Justices of the West Virginia Supreme Court of Appeals will travel to Morgantown to hold session at the West Virginia University College of Law.

They will hear cases on Tuesday, March 9, 2010 at 10 a.m. in the Marlyn E. Lugar Courtroom at the WVU Law Center providing an opportunity for students at the College of Law and the public to witness firsthand the workings of the court.

The high court will hear cases on abuse of discretion by the circuit court on a real estate partition; an appeal on sentencing in a sexual abuse case; revocation of a driver’s license in a DUI case; reconsideration of sentencing due to a failure in the lower courts application of the law; and appeal on the granting of costs to defendants.

The justices will also rule on the appellate-advocacy skills of two second-year law students in the college’s annual George C. Baker Cup Moot Court Competition beginning at 1:30 p.m. in the courtroom. Both events are open to the public.

The docket to be heard by the court includes:

1. Barbara K. Mott v. Frank P. Kirby, Sr., LLC, Frank Kirby and Frank Kirby, Jr. – Defendants appeal from the circuit court’s order entered in favor of plaintiff in this action to partition real estate following a bench trial. Defendants assert that the circuit court committed clear legal error and abused its discretion in the entry of its final order.

2. State of West Virginia v. Kevin B. Payne – Defendant, convicted of two counts of Second Degree Sexual Assault, one count of First Degree Sexual Abuse, and one count of Third Degree Sexual Abuse by jury, appeals circuit court order sentencing him to serve consecutively two terms of 10-25, 1 term of 1-5 years in prison and 90 days in jail.

3. Debbie L. Ullom v. Joseph Cicchirillo, Comm’r., WV Div. of Motor Vehicles – The DMV Commissioner appeals the circuit court’s order which reversed the Commissioner’s revocation of respondent’s driver’s license for six months for DUI.

4. State of West Virginia v. William Georgius, III – Petitioner, William Georgius, III, appeals from a July 1, 2008, Order of the Berkeley County Circuit Court denying petitioner’s Motion for Reconsideration of Sentence. On appeal, petitioner states that the lower court failed to properly apply the law as set forth in State v. Arbaugh.

5. Eric Carper v. Chad Watson and Burkharts, Inc. – Plaintiff appeals circuit court order granting costs to Defendants pursuant to WVRCP 68 (1) (c) offer of judgment.

Visit http://www.courtswv.gov/supreme-court/calendar/2010/dockets/march9_10ad.htm for a more detailed look at the cases.

During the George C. Baker Cup moot court competition, two finalists will argue before the justices.

In 1926, George Coleman Baker, a distinguished Morgantown lawyer and graduate of the Class of 1886, presented a silver-plated loving cup to the College of Law. The purpose of the cup was to promote excellence in appellate advocacy. The cup was awarded each year to the club court team winning the interclub competition. The club court teams eventually disbanded.

The Baker Cup competitions of today were revived in 1968 when Dean Paul Selby discovered the silver cup in the basement of the old law school. He reinstituted the competition, which has developed into one of the most highly prized awards to be won by law school students. Selby persuaded Judge Charles G. Baker, Class of 1913 and son of the Baker Cup donor, to present it annually to the winner of the moot court competition, which he graciously continued to do until his death in 1981.

In 1980, the Baker Cup Endowment was created to provide cash prizes and commemorative plaques for the winning participants. Judge Baker’s daughters, Betty Sue Armistead and Mary-Jane Baker English, established this endowment.

Since 1982, the Baker Cup Competition has been open to all second-year students. Baker Cup Competition requires each student entrant to write an appellate brief and to present oral arguments on both sides of the issue.

The Supreme Court hearings will be webcast from the West Virginia Supreme Court of Appeals website http://www.state.wv.us/wvsca/. The George C. baker Cup moot Court Competition will be webcast from htttp://law.wvu.edu/bakercup2010.

-WVU-

bc/03/08/10

CONTACT: Brian Caudill, College of Law
304-293-5301, Brian.Caudill@mail.wvu.edu

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