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Stuart Barnes v. Shawn A. Allen

Paid petition · Supreme Court of Appeals of West Virginia, No. 23-185 · judgment April 3, 2023


Certiorari denied · November 20, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The question is whether the doctrine of chances theory or character evidence is supported. The finan­ cial exploitation petition presented evidence that Ms. Anna Allen (mother’s) estate was mismanaged and ex­ hausted, in addition to being buried without a grave marker. Further, the Guardian Ad Litem report and appointed guardian’s testimony provided evidence of financial exploitation of the protected person. The trus­ tee of the decedent’s estate and appointed guardian/ conservator are the same person. The petition infor­ mation was not refuted or challenged. The respondent applied for guardianship solely for nondisclosure of protected person’s financial assets, more specifically the “wrongful death” settlement of $147,000 in 2017 and its official account balance as of 2021 and 2023.

Counsel of record

For petitioner
Stuart Barnes

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 08 2024
    Rehearing DENIED.
  2. Dec 20 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 13 2023
  4. Nov 20 2023
    Petition DENIED.
  5. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  6. Jun 23 2023