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Michael D. Payne

 

Education


JD, West Virginia Univ. Law School, 1997


BS, West Virginia Univ. Business Administration, 1993

 

 

Bar Admissions


West Virginia

 

 

Related Information
 

Publications


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Partner,

 

mpayne@redmanpaynelaw.com

 

112 Roane Street, Charleston, West Virginia 25339
+1 304 342 6800 (t) +1 304 720 5198 (f)

 

From August 2001 through August of 2003, Michael D. Payne served as a Law Clerk to the Honorable Irene C. Berger in the Circuit Court of Kanawha County. In Circuit Court, criminal indictments consisting of felonies and misdemeanors are heard. Also, civil cases of a value of at least $5001.00 dollars are heard.

As a law clerk, Michael D. Payne's job was to assist the Honorable Irene C. Berger with rulings on civil motions, criminal motions, and administrative appeals. Motions most often included Adispositive motions, such as motions to dismiss and motions for summary judgments. Motions to dismiss concern whether a case should go forward or whether it should be dismissed from the court's docket. Motions for Summary Judgment concern whether all, part, or none of a plaintiff's claims should be presented to a jury for verdict. Other civil motions include, but are not limited to evidentiary motions, known as motions in limine, which concern whether particular evidence should be presented to a jury.

Michael Payne also assisted the Honorable Irene C. Berger with her administrative appeals docket. Administrative appeals are appeals from administrative bodies such as DMV, DHHR Board of Review, and the West Virginia Teachers and State Employees Grievance Board.

Often appeals were heard concerning whether the DMV had properly revoked or suspended someone=s drivers license for driving under the influence of alcohol, or DUI.

As an Administrative Law Judge, or ALJ, Michael D. Payne heard appeals of the DHHR's decisions concerning the Department of Health and Human Resources' action to deny someone services under the Title XIX MR/DD Waiver Services and the Department of Health, as well as the Human Resources' action to deny someone services under the Aged and Disabled Waiver Program or ADW program.

Michael D. Payne also served as South Charleston West Virginia's Prosecuting Attorney from August of 2003 through August of 2005, as well as on an off and on basis throughout 2006 and 2007. As Prosecuting Attorney, Michael Payne prosecuted defendants for various misdemeanors such as driving under the influence, or DUI, shoplifting, assault, battery, speeding tickets, reckless driving, various other traffic offenses, public intoxication, and other miscellaneous misdemeanor crimes.

While in private practice, and in addition to his duties as an Administrative Law Judge and Prosecuting Attorney, Michael Payne has helped private citizens with various legal issues. Often someone=s legal problems could be as simple as a need for a will, power of attorney, or medical power of attorney. Other times, Michael Payne helped people with civil cases and criminal cases. Michael Payne has also helped clients resolve family law matters including, but not limited to divorce, paternity disputes, child custody, and modifications.

Michael Payne has helped clients with a wide range of civil cases. These civil cases include workplace harassment which comes in various forms such as hostile work environment, sexual discrimination, sexual harassment, racial discrimination, age discrimination, Family Medical Leave Act (FMLA), and other types of discrimination and harassment. Other types of civil cases that Michael Payne has worked on include wage and hour violations, personal injury, auto accidents and car wrecks, slip and falls, sexual assault, 1983 federal constitutional violation claims, deliberate intent or workplace injuries, industrial accidents involving catastrophic injuries, unsafe work environment claims, negligence claims, property claims, bad faith claims, insurance claims, and various other civil matter. Michael D. Payne has brought lawsuits in municipal, state, and federal courts.

In the criminal realm, Michael Payne has represented defendants in municipal, state and federal courts. Municipal court involves crimes such as first offense and second offense driving under the influence or DUI, speeding tickets and various other misdemeanors. State court criminal charges range from misdemeanor charges in magistrate court to felony charges which result from circuit court indictments. Magistrate court misdemeanors range from crimes such as first and second offense driving under the influence, or DUI, to charges such as domestic battery, assault, speeding and various traffic violations. Michael Payne has represented defendants in circuit court on a wide range of felonies ranging from third offense driving under the influence, or DUI, to capital crimes such as Murder in the First Degree.

In the federal court system Michael Payne has represented defendants in a wide range of charges, from interstate drug trafficking to white collar crimes such as bank fraud. Competent representation is imperative in the ever changing world of federal sentencing. Several recent cases such as Gall, Booker, and Kimbrough have significantly changed the manner in which federal judges can sentence defendants.

Moreover, it is imperative to hire an attorney who is licensed and experienced in practicing in both state and federal court. Often a case can start in the state jurisdiction and wind up being removed to federal court. This is true in both civil and criminal matters. If it is determined that the parties to a civil case do not reside in the same state, any of the parties can elect to have their claim heard in federal court. This is known as “diversity of citizenship.” Diversity of citizenship is the most common reason for removal to federal court although there are other reasons. In criminal cases, the Office of the United States Attorney has the option of prosecuting any crime which is both a state and federal violation. As such, with Redman & Payne you can be confident that even if your case originates in state court, your attorneys will have the experience necessary to handle your matter should it be removed to federal court.

As can be seen from his extensive work history, Michael Payne has the experience you need when searching for competent representation. Whether your problems lay in the civil, criminal or family law realm, and either state or federal court, call the offices of Redman & Payne today.

 

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