March 27, 2003
1. State of West Virginia v. Jesse R. Collins, No. 022200. Defendant appeals from his conviction on two counts of domestic battery and one count of first degree sexual abuse. He was sentenced to one year in the county jail on each of the domestic battery convictions, those sentences to be served concurrently, but consecutively to his one to five year sentence on the first degree sexual abuse conviction. Defendant raises issues relative to his sentencing.
Refuse 4 - 0
[Albright Disqualified]2. West Virginia Fire & Casualty v. Cass-Sandra Marko Gene Stanley, No. 022201. Defendants appeal from the circuit court’s award of summary judgment in favor of West Virginia Fire & Casualty Company in this declaratory judgment action. The underlying actions involve the sexual abuse of a minor.
Grant 3-2
[ Davis, J., Maynard, J. ]3. State of West Virginia v. Joseph L. Watkins, No. 022202. Defendant was convicted of petit larceny involving the theft of four dogs. He was sentenced to one year in the county jail and fined $2500. Defendant seeks to either be released from incarceration, placed on probation, given a reduced sentence, or granted home confinement.
Grant 4 - 1
[ Maynard, J. ]4. Lisa Lee Broyles v. Kenneth Lee Cozart, No. 022337. Petitioner appeals from the circuit court’s order denying her pro se petition for appeal from an order of the family court related to civil contempt. Petitioner also appeals from the circuit court’s order denying her motion for reconsideration. She seeks a reversal of these orders.
Defer
5. State of West Virginia v. Harry Jarrell, No. 022208. Defendant was convicted of being a "felon in possession of a firearm." Following this conviction, he was charged with and convicted of being a recidivist and was sentenced to life in prison. Defendant seeks a remand and a new trial due to trial error.
Refuse 3-2
[ Starcher, C. J., Albright, J. ]
6. Jason P. Thompson v. Michele L. Thompson, No. 022212. Petitioner husband appeals from the order entered by the circuit court, acting as a family court, which reversed the family law master’s recommended decision on issues related to equitable distribution and alimony. Petitioner asks that this Court to reverse the circuit court’s order and reinstate the recommended decision of the family law master.
Refuse 4 - 1
[ Davis, J. ]7. Rodney Sloan v. West Virginia Department of Health and Human Resources, No. 022267. Petitioner appeals from the circuit court’s order denying his administrative appeal wherein he sought a reversal of the Grievance Board’s decision upholding his termination from the Office of the Chief Medical Examiner.
Accept To Motion Docket
8. State of West Virginia v. Charles W. Chaffin, No. 022214. Defendant appeals from his conviction of first degree murder. He sentenced to life without mercy. He seeks either a remand for resentencing or, in the alternative, a commutation of his sentence to one with a recommendation of mercy.
Accept To Motion Docket
9. April L. Cornelius v. David A. Cornelius, No. 022246. Petitioner wife appeals from the family court’s final order regarding custody issues and from the circuit court’s order denying her petition for appeal. Petitioner states that the final order awards respondent husband physical custody of the parties’ 5-year-old daughter 50% of time even though she was the child’s primary caretaker before the parties’ separation. Petitioner adds that the final order fails to designate the legal custodian or to allocate decision-making parental responsibility. Petitioner also seeks a stay of execution of the final custody order while this action is pending before this Court.
Grant 5- 0
10. The Honorable Emmett S. Pugh, III, in his official capacity as Mayor of the City of Beckley v. The Policemen’s Civil Service Commission of the City of Beckley, Doug Epling, John White and James A. Davis, duly appointed Commissioners of the Policeman’s Civil Service Commission of the City of Beckley, and Sgt. W. C. Bowden - No. 022045. The Mayor of the City of Beckley filed a petition for a writ of prohibition seeking to prohibit the Policeman’s Civil Service Commission from conducting any hearings or undertaking any investigation concerning the Petition for Promotion to Lieutenant filed with the Commission by Sgt. W. C. Bowden. The circuit court granted the writ and ordered that the Commission conduct no further proceedings on the petition.
Grant 5- 0
11. The Honorable Emmett S. Pugh, III, in his official capacity as Mayor of the City of Beckley v. The Policemen’s Civil Service Commission of the City of Beckley, Doug Epling, John White and James A. Davis, duly appointed Commissioners of the Policeman’s Civil Service Commission of the City of Beckley, and Sgt. W. C. Bowden - No. 022054. The Mayor of the City of Beckley filed a petition for a writ of prohibition seeking to prohibit the Policeman’s Civil Service Commission from conducting any hearings or undertaking any investigation concerning the Petition for Promotion to Lieutenant filed with the Commission by Sgt. W. C. Bowden. The circuit court granted the writ and ordered that the Commission conduct no further proceedings on the petition.
Grant 5- 0
12. Rebecca M. Arbogast v. Mid-Ohio Valley Medical Corp., No. 022258. Defendant in a medical negligence case appeals the circuit court’s entry of judgment notwithstanding the verdict to plaintiff on the issue of liability and the granting of a new trial on damages.
Accept To Motion Docket
13. Stanley A. Shepherd v. Marvin Yoho, No. 022261. Petitioner appeals the circuit court’s denial of an award for attorneys’ fees incurred in securing a reversal of a prior summary judgment and the dissolution of an injunction.
Refuse 5-0
14. State of West Virginia v. Floyd K. Chaplin, No. 022266. Petitioner appeals his conviction for DUI with death and for leaving the scene of an accident where death occurs. He asserts various evidentiary and trial errors.
Refuse 5-0
15. Karen Lockett v. Fayette County Board of Education, No. 022213. Vocational business teacher appeals the circuit court’s order affirming the grievance board’s denial of her equal pay case. She asserts that she is entitled to additional pay for certain experience in the private sector before she became a teacher.
Accept To Motion Docket
16. State of West Virginia v. Walter D. Witherell, No. 022268. The Prosecuting Attorney of Kanawha County appeals the special judge’s order dismissing without prejudice an information against a home confinement officer accused of criminal wrongdoing. The dismissal is based upon a previous order disqualifying the prosecuting attorney from investigating the Kanawha County Home Confinement Program and prosecuting charges arising from the investigation.
Refuse 3 - 2
[ Maynard, J., McGraw, J. ]17. SER Human Resource Development & Employ., Inc. v. BRIM, No. 022269. Petitioner appeals the circuit court’s denial of its petition for writ of mandamus which alleged that respondent had a duty, as a matter of law, to provide certain policies of insurance.
Grant 4 - 1
[Maynard, J.]18. State of West Virginia v. Bayliss Mason Green, Jr., No. 022270. Petitioner appeals the issue of whether the circuit court erred in not dismissing his case with prejudice for the State’s alleged failure to comply with the Interstate Agreement on Detainers. He was convicted of two counts of aggravated robbery based on an Alford-type conditional plea.
Refuse 4 - 1
[ McGraw, J. ]19. Christine Phares v. Charles J. Brooks and Charles L. Brooks, No. 022304. Petitioner appeals the circuit court’s order reinstating verdict, arguing that the circuit court failed to follow this Court’s directions on remand.
Grant 4 - 1
[ Maynard, J. ]20. State of West Virginia v. Larry McClure, No. 022314. Petitioner appeals his conviction of sexual assault in the first degree.
Refuse 4 - 1
[ Starcher, C. J. ]21. Patricia L. Wright v. Phillip M. Stowers & Stowers & Assoc., No. 022203. Petitioner appeals the circuit court’s order enforcing settlement, asserting the court erred in finding that she had given authority to settle her entire case.
Refuse 5- 0
22. Katherine Ann Bailey v. Zink Bailey, Jr., No. 022341. Petitioner appeals the lower courts’ application of her daughter’s social security dependent benefits award to set-off petitioner’s equitable distribution award.
Refuse 5- 0
23. Rebecca Jeffers v. Herman G. Jeffers, No. 022342. Petitioner appeals the dismissal of her complaint for equitable distribution of property acquired during a time when she was not married to respondent.
Refuse 5- 0
24. In Re: WV Asbestos Litigation - Kanawha County, No. 022408. The circuit court certifies three questions regarding whether federal law preempts state law asbestos claims against the manufacturers of railroad locomotive parts. Petitioners (certain defendants below) assert the court has incorrectly answered that there is no preemption.
Grant 4 - 0
[ Davis, J. Disqualified ]25. State of West Virginia v. Darrell Lee Lane, No. 022343. Petitioner appeals from his conviction of one count of Driving Under the Influence causing death, and three counts of Driving Under the Influence causing injury, which sentenced him to a term of confinement one to ten years confinement in the penitentiary to be served consecutively with one term of confinement of twelve months in the regional jail. The other two sentences were ordered to run concurrently with the first two. Petitioner appeals the admission of medical records and asks that his convictions be reversed and that he be released from custody.
Accept To Motion Docket
26. In Re: Petition of Ray Derwood Sizemore for Restoration of, No. 022347. Petitioner appeals from the circuit court’s order denying to restore the petitioner’s privileges to possess a firearm pursuant to the provisions of West Virginia Code §61-7-7. Petitioner has a history of convictions but argues that his rights have been restored.
Refuse 5-0
27. State of West Virginia v. Kirk N., No. 022348. This is an appeal from a juvenile delinquency proceeding. After a mistrial due to a deadlocked jury, the juvenile was adjudicated delinquent of second degree sexual assault against a physically helpless victim and of conspiracy to commit a felony. Petitioner seeks a new trial and he is presently incarcerated at the Industrial Home for Youth in Salem, West Virginia.
Accept To Motion Docket
28. Energy Development Corp. v. Nancy Louise Moss, et al., No. 022349. Petitioner seeks review of an order denying its petition for declaratory relief regarding its rights under two oil and gas leases. Petitioner requested a declaration that it had the right to develop and produce coalbed methane (CBM) pursuant to the 1986 leases which permitted Petitioner to develop all "gas" from "all possible formations". After filing, Defendant attempted to lease the rights to another defendant. Circuit Court ruled that CBM was a constituent of coal and part of the coal estate, not "gas" as that term is used in the lease. Petitioner’s request for a declaratory order was denied and it was ruled that the lease from Defendant to Defendant GeoMet was valid and enforceable.
Grant 4 - 1
[ McGraw, J. ]29. Kimberly Osborne v. The Board of Education of the County of Greenbrier, No. 022365. Petitioner seeks a review of State Employee Grievance Board’s and the circuit court’s denials of her grievance that she be placed in a teacher’s aide position.
Refuse 3 - 2
[ McGraw, J., Albright, J. ]30. Harry J. Perkins, Jr. v. Roger Pritt, Commissioner of the West Virginia Division of Motor Vehicles - No. 022367. Petitioner seeks to appeal a circuit court order setting aside the DMV Commissioner’s decision revoking respondent Perkins’ driver’s license for driving under the influence.
Refuse 5-0
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