Latest 3 Cases: State ex rel. DeChristopher v. Gaujot (Civil Rights), In re R.S. (Criminal Law), W. Va. Department of Environmental Protection v. ...

Some Observations on Calls for Senate Reform: Part One of a Two-Part Series

VIKRAM DAVID AMAR

In this first of a series of columns, Illinois Law dean and professor Vikram David Amar offers four observations about recent calls for reform of the filibuster device in the U.S. Senate. Dean Amar suggests looking at state experiences with supermajority rules, as well as the Senate’s own recent past, and he considers why senators might be reluctant to eliminate the filibuster. He concludes with a comment on President Joe Biden’s suggestion that the Senate return to the “talking filibuster” and praises a suggestion by Senator Tom Harkin (D-IA) that the cloture requirement (currently at 60 votes) could be lowered gradually, the longer a measure under consideration is debated.

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State ex rel. DeChristopher v. Gaujot

Docket: 20-0601

Opinion Date: March 16, 2021

Judge: Walker

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court granted a writ of prohibition sought by the prosecuting attorney of Monongalia County to prohibit the circuit court from enforcing its order suppressing Cesar Felix's statement to Morgantown police and certain DNA evidence, holding that the circuit court committed clear legal error. Cesar Felix worked at a restaurant where a woman claimed that she was sexually assaulted upon leaving. When police interviewed him, Defendant denied any involvement in the crime and consented to a DNA search by cheek swab. The DNA evidence linked Felix to the crime, and he was subsequently charged with two counts of sexual assault. Defendant filed a motion to suppress his statement and the DNA evidence, claiming that he was not given Miranda warnings or advised of his right to refuse his consent to the DNA search. The circuit court granted the motion. The Supreme Court reversed, holding (1) Defendant was not in custody when he gave his statement, and therefore, no Miranda warnings were required; (2) Defendant's Fifth Amendment privilege against self-incrimination and due process rights were not violated; and (3) Defendant's Fourth Amendment protection against unreasonable searches was not violated.

In re R.S.

Docket: 20-0565

Opinion Date: March 16, 2021

Judge: Armstead

Areas of Law: Criminal Law

The Supreme Court reversed the order of the circuit court that the child R.S. be permanently placed with his siblings in the K family's home, holding that the circuit court erred by failing to conduct a best interest of the child analysis and ordering placement based solely on its conclusion that this placement was mandatory under W. Va. Code 49-2-126(a)(6). In this case concerning two foster families seeking placement of R.S. the circuit court ruled that newly enacted legislation, including section 49-2-126(a)(6), mandated that R.S. be placed in the same home as his siblings rather than in the home of Petitioners, who had had custody of R.S. for approximately half of the child's life. The Supreme Court reversed, holding (1) section 49-2-126(a)(6) requires a circuit court to conduct a best interest of the child analysis by considering a child's needs and a family's ability to meet those needs; and (2) the circuit court erred by removing R.S. from Petitioners' custody.

W. Va. Department of Environmental Protection v. Dotson

Docket: 20-0063

Opinion Date: March 16, 2021

Judge: Wooton

Areas of Law: Real Estate & Property Law

The Supreme Court reversed the order of the circuit court denying the West Virginia Department of Environmental Protection's (DEP) motion for summary judgment on qualified immunity grounds, holding that the DEP was entitled to qualified immunity. Plaintiffs suffered damages to personal and real property as a result of severe flooding of Bull Creek in McDowell County. Plaintiffs filed suit against Twin Star Mining, Inc. and the DEP, claiming negligence. The DEP moved for dismissal on the basis of qualified immunity and the public duty doctrine. The circuit court denied the motion. The Supreme Court reversed, holding that the circuit court erred in denying the DEP's motion for summary judgment on the basis of qualified immunity.