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IN THE SUPREME COURT APPEALS OF WEST VIRGI

 
   

 

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COURT op :19ng RH
WEST VIRGINIA ALs


  

NO. 18-0816

STATE OF WEST VIRGINIA EX REL.
MARGARET L. 

Petitioner,
v.
MITCH as President ofthe Senate;
DONNA BOLEY, as President Pro Tempore of the Senate;
RYAN as Senate Majority Leader;
LEE Clerk of the Senate; and
WEST VIRGINIA 

Respondents.
MOTION BY RETIRED JUSTICE ROBIN J. DAVIS TO EXPAND THE WRIT ISSUED

IN THIS CASE TO PROHIBIT HER IMPEACHMENT TRIAL
To the Honorable Justices of the
West Virginia Supreme Court:

Yesterday the Court issued its decision State ex rel. Margaret L. Workman v. Carmichael,

No. 18-0816. In this decision, the Court issued a writ prohibiting the impeachment trial of Justice
Workman scheduled to begin on October 15, 2018. Retired Justice Robin J. Davis was impeached
following the same procedure and on most of the same grounds returned against Justice Workman.
Furthermore; the same separation of powers; due process; and procedural ?aws identi?ed by the
Court in the Workman decision are applicable to and controlling in the pending impeachment trial

of retired Justice Davis. The Senate impeachment trial for retired Justice Davis is scheduled to be

held on October 29; 2018.

4 "44 - -

 

Retired Justice Robin J. Davis respectfully moves the Court to expand the writ issued in the

Workman decision to prohibit the impeachment trial of Retired Justice Davis.

02$. ?o/M

J. Timothy DiPiero ID. No. 1021)
Lonnie C. Simmons ID. No. 3406)
DITRAPANO, BARRETT, DIPIERO,
MCGINLEY SIMMONS, PLLC

PO. Box 1631

Charleston. West Virginia 25326

(304) 342-0133



RETIRED JUSTICE ROBIN J. DAVIS,
Movant,

?By Counsel?

 

 THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

NO. 18-0816

STATE OF WEST VIRGINIA EX REL.
MARGARET L. WORKMAN,

Petitioner,

V.

MITCH CARMICHAEL, as President of the Senate;
DONNA BOLEY, as President Pro Tempore of the Senate;

RYAN FERNS, as Senate Majority Leader;
LEE CASSIS, Clerk ofthe Senate; and
WEST VIRGINIA SENATE,

Respondents.

CERTIFICATE OF SERVICE

I, Lonnie C. Simmons, do hereby certify that a copy of the foregoing MOTION BY
RETIRED JUSTICE ROBIN J. DAVIS TO EXPAND THE WRIT ISSUED IN THIS CASE
TO PROHIBIT HER IMPEACHMENT TRIAL was served on counsel of record by mail and
email on the 12th day of October, 2018, to the following:

Marc E. Williams

Melissa Foster Bird

Thomas M. Hancock

Christopher D. Smith

NELSON MULLINS RILEY 
SCARBOROUGH LLP

949 Third Avenue, Suite 200
Huntington, West Virginia 25701
(304) 526-3500


tom.hancock@nelsonmullins.com
chris.smith@nelsonmullins.com

 

J. Mark Adkins

Floyd E. Boone, Jr.

Richard R. Heath, Jr.

Lara Brandfass

BOWLES RICE LLP

600 Quarrier Street
Charleston, West Virginia 25301
(304) 347-1100
madkins@bowlesrice.com
aboone@bowlesrice.com

lbrandfass?lbowlesricecom

o?iazrw

Lonnie C. Simmons ID. No. 3406)