Federal Appeals Court Halts Horse Racing Injunction in W.Va., La.

A federal appeals court blocked a ruling that would have kept the Horseracing Integrity and Safety Authority from implementing racetrack safety and enforcement rules in both West Virginia and Louisiana.

A federal appeals court blocked a ruling that would have kept the Horseracing Integrity and Safety Authority from implementing racetrack safety and enforcement rules in both West Virginia and Louisiana.

The hold comes after a preliminary injunction was granted late last month against the agency by a federal court. The U.S. District Court’s Western District of Louisiana originally ruled against the agency, arguing it overstepped its bounds on three rules that went into place nationwide on July 1.

The rules in question included how horses covered by the rules are defined, the ability for investigators to confiscate records from anyone who owns or “performs services on” a covered horse and basing state payments for upkeep partly on race purses.

State officials like West Virginia Attorney General Patrick Morrisey originally praised the injunction, while animal rights groups like Animal Wellness Action condemned it.

The 5th U.S. Circuit Court of Appeals blocked the order Friday as an administrative stay while it continues to consider the case. It’s unclear how long the block will be in effect.

Days after the original suspension of the rules took effect, a horse collapsed during a race at Mountaineer Casino, Racetrack & Resort in New Cumberland and had to be euthanized.

Circuit Court Judge John Yoder Dies

John Yoder, a West Virginia circuit court judge and former state senator, died on Friday, according to a statement from the state Supreme Court.

Yoder, a native of Kansas, was circuit judge for the 23rd Judicial Circuit, which includes Berkeley, Jefferson and Morgan counties. The Charleston Gazette-Mail reports he practiced law in Harpers Ferry for 23 years.

Yoder was elected to two separate terms in the state Senate as a Republican in 1992 and 2004. He left the state Senate to run for the circuit court seat in 2008.

Yoder ran unsuccessfully for the state Supreme Court three times, and also for U.S. Senate in 1990.

Supreme Court Chief Justice Allen Loughry says Yoder was “a dedicated public servant who cared about our state.”

State Prison Inmate Pleas to Drunken Driving

A state prison inmate who was allegedly drunk during a deadly crash while he was on furlough has an Oct. 27 plea hearing in Harrison Circuit Court.

Under a plea agreement, Jeffrey Scott Davis is scheduled to plead to felony driving under the influence resulting in death, according to The Exponent Telegram.

The 32-year-old defendant from Wallace was on furlough from Parkersburg Correctional Center early on the morning of April 26 when he lost control of his vehicle and it crashed into a ditch. A passenger, 27-year-old Courtney Lane Cottrill, was killed.

Davis allegedly told officers he had drank about six beers prior to the crash.

E-Filing Expands to Monroe County

E-filing is expanded again, now to its third county in the state.

West Virginia Judiciary’s Unified Electronic Filing System, or e-filing for short, started in Marion County in August 2013, and then in April of this year, it expanded for the first time to Jefferson County. On Tuesday, it expanded again to Monroe County.

E-filing allows circuit courts to have electronic backups of both confidential and public cases.

Only a handful of other states have currently gone fully to e-filing, and the goal is to make West Virginia one of those additional states.

Once the system is statewide, it would be paid for by the user. The Supreme Court is paying for the upgrade in technology in all circuit clerks’ offices. Public documents will eventually be accessible from any computer anywhere.

E-Filing Expands to the Eastern Panhandle

The West Virginia Judiciary’s Unified Electronic Filing System has expanded to the Eastern Panhandle.

Justice Brent Benjamin announced the expansion of E-filing to the Eastern Panhandle at the Circuit Courtroom in the Jefferson County Courthouse Monday.

Jefferson County is now the second county in the state to allow E-filing opportunities, following Marion County, which filed its first electronic document in August 2013.

E-filing allows circuit courts to have electronic backups of both confidential and public cases. It also saves time and money for the lawyer since he or she would no longer have to travel to the courthouse in person to file documents to the circuit clerk.

A committee is currently studying the cost of statewide expansion for E-filing and what a reasonable filing fee and user fee should be. This statewide system will be paid for by the user, not by taxpayers, and the Supreme Court is paying for the upgrade in technology for all circuit clerk offices. Public documents will eventually be accessible from any computer anywhere.

Once expanded to the entire state, those who want to file a case in a circuit court will be able to file documents electronically themselves.

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