April 29, 2004
1. SER Bruce Gorden Thomas v. George Trent, Warden , No. 040272. Petitioner appeals from the circuit court’s denial of his petition for habeas corpus relief. Petitioner seeks a reversal of the circuit court’s ruling and a vacation of his sentence.
Refuse 4-0
(Starcher, J. Not Participating)2. State of West Virginia v. Thomas F. King, No. 040265. Defendant appeals from the circuit court’s order which answered two certified questions relating to the operation of ATVs in the affirmative. Defendant asks this Court to accept the petition, answer the certified questions in the negative and remand the action to the circuit court with directions to enter an order granting his pre-trial motion to dismiss.
Refuse 3-2
[ Starcher, J., McGraw, J. ]3. State of West Virginia v. Benny Marshall King, No. 040375. Petitioner appeals from his convictions on nine counts of sex related crimes following a jury trial. Defendant seeks a reversal of his conviction and a new trial.
Refuse 4-1
[ Starcher, J. ]4. Sarah E. L. Cotton, et al. v. Charles Hunter and Alice Hunter, No. 040379. Defendants appeal from the circuit court’s order entered following a bench trial in this declaratory judgment action regarding the administration and governance of a church. Defendants also appeal from the circuit court’s order denying their Rule 59 motion for judgment as a matter of law or, in the alternative, for a new trial.
Refuse 5-0
5. James Arnazzi v. Quad/Graphics, Inc. and Robert Knighten, No. 040380. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendants in this deliberate intent action brought pursuant to W.Va. Code §23-4-2(c)(2)(ii).
Accept To Motion Docket
6. Shepherds Glen Limited Partnership. v. Mary K. Bordier, No. 040381. Petitioners appeal from the circuit court’s order upholding the decision of the Jefferson County Commission (sitting as a Board of Equalization and Review) which, in turn, had upheld certain ad valorem property tax assessments against petitioners. Petitioners seek a reversal of the circuit court’s order and a remand to the county commission for further proceedings.
Refuse 4-1
[ Maynard, C. J. ]7. State of West Virginia v. James Workman, No. 040416. Defendant appeals from the sentence imposed following his guilty plea to one count of robbery. Defendant contends that his sentence was in excess of the maximum sentence provided by statute and is disproportionate to the character and nature of the crime.
Refuse 5-0
8. Associated Builders & Contractors, Inc. v. West Virginia Division of Labor, No. 040385. Petitioners appeal from the circuit court’s order affirming the administrative law judge’s decision that the Division of Labor’s method and manner of establishing the 2002 Prevailing Wage Rates was proper.
Accept To Motion Docket
9. McCabe-Henley Properties, L.P., a WestVirginia limited partnership v. Lewis County Commission and the Lewis County Convention and Visitors Bureau, No. 040397. The developer of Stonewall Jackson Lake State Park and Lodge appeals from an adverse declaratory judgment order. The circuit court found that arrangements with the Lewis County Commission and Lewis County Convention and Visitors Bureau to refund a portion of the county hotel occupancy tax to the developer, for the purpose of development of tourism at the park, were unlawful and unenforceable.
Accept To Motion Docket
10. Jeffrey M. Mullen v. State of West Virginia Department [sic] of Motor Vehicles, No. 040399. The DMV appeals from the circuit court’s order which expunged all records of respondent’s DUI-based license revocation.
Grant 4-1
[ McGraw, J. ]11. Daniel Jones and Christie Jones v. West Virginia State Board of Education, State Superintendent David Stewart; Marion County Board of Education; and West Virginia Secondary School Activities Commission, No. 040409. The West Virginia State Board of Education and State Superintendent of Schools appeal from the circuit court’s order which directed that rules be promulgated to permit home-schooled students to join public school sports teams.
Deferred
12. Daniel Jones and Christie Jones v. West Virginia State Board of Education, State Superintendent David Stewart; Marion County Board of Education; and West Virginia Secondary School Activities Commission, No. 040410. The West Virginia Secondary School Activities Commission appeals from the circuit court’s order which directed that rules be promulgated to permit home-schooled students to join public school sports teams.
Deferred
Petitioner appeals from the circuit court’s denial of his petition for habeas corpus. Petitioner was previously convicted as a principal in the second degree to first degree murder and was sentenced to life without mercy.13. Gerald D. Mullins v. George Trent, Warden, No. 040382.
Refuse 4-1
[ Starcher, J. ]
14. Jonathan L. Bowman v. Richard Robb, No. 040417. Plaintiff appeals from an adverse directed verdict at a bench trial. He asserts that he requested a jury trial and never agreed to a bench trial, thus the direct verdict should be reversed and the case remanded for a new trial before a jury.
Refuse 4-1
[ Starcher, J. ]
15. State of West Virginia v. Joshua Eli Brown, No. 040418. Petitioners appeals his convictions for malicious wounding and conspiracy to commit malicious wounding.
Accept To Motion Docket
16. In re: The Marriage of Diana Lynn Mason v. Michael G. Mason, No. 040423. Petitioner appeals from the circuit court’s order which upheld the family court’s adoption of a mediated parenting plan to which petitioner had previously withdrawn her agreement.
Grant 3-2
[Maynard, C.J., Albright, J.]
17. Anthony Booker, et al. v. Carolyn Foose, et al., No. 040426. Plaintiffs appeal from the circuit court’s dismissal of their lawsuit alleging nuisance, fraud, and failure to disclose a condition materially affecting the value of property. They assert that neighbors are acting in a manner which constitutes a nuisance, that real estate agents failed to disclose this nuisance, and that real estate agents made false statements to induce them to buy property.
Accept To Motion Docket
18. Steven C. Brown v. Charles Crihfield, No. 040427. Plaintiff appeals from an adverse order in a suit which sought injunctive relief and money damages for an alleged violation of a non-compete agreement. The court held that the parties had intended to resolve any disputes by final, binding arbitration and dismissed the suit with prejudice.
Refuse 3-2
[ Maynard, C. J., McGraw, J. ]
19. Joseph P. Louk v. The Estate of Bennie Hinzman, No. 040398. Petitioner filed a civil action regarding the disbursement of an estate which had been devised to the parties. Petitioner claimed that he did not receive his true share of the estate. Mediation was ordered. The Court entered an order enforcing the mediation agreement and finding that the agreement was dispositive of all issues and dismissed the action. It is from this ruling that petitioner appeals.
Refuse 5-0
20. Paul Gleason v. Mason County Board of Education, No. 040452. Petitioner seeks review of the decisions of the Court and the WV Education State Employees Grievance Board which denied the petitioner’s grievance. Petitioner had filed a grievance alleging that the BOE had improperly denied him a grant of benefits from the personal leave bank.
Refuse 4-1
[ McGraw, J. ]
21. State of West Virginia v. Leroy Joseph Thorpe, III, No. 040454. Petitioner files a direct appeal to his conviction for First Degree Armed Robbery. Mr. Thorpe was sentenced to 28 years in the penitentiary. Petitioner now appeals the conviction and seeks reversal based upon several points of error.
Refuse 5-0
22. State of West Virginia v. Grant Smith Hastings, No. 040457. Petitioner, State of West Virginia, appeals a Court Order expunging all of the Division of Motor Vehicles’ records of the arrest of the Respondent for driving under the influence of alcohol. As a result, respondent’s criminal case was dismissed from Magistrate Court and referred to a juvenile referee. Petitioner revoked the respondent’s license for DUI.
Refuse 4-1
[ Maynard, C. J. ]
Home | Opinions | Site Map | Law Library | Rules | Staff | Search | Terms of Use