Supreme Court of Appeals of West Virginia
Argument Docket
Wednesday, September 21, 2005
Jan Cary Kletter, et al. v. Jefferson County Board of Zoning Appeals, et al. - 32560 - Buckeye Development, LLC, appeals from the circuit court's order resolving Rule 60(b) motions following the issuance of this Court's opinion in Corliss, et al. v. Jefferson County Board of Zoning Appeals, 214 W.Va. 535, 591 S.E.2d 93 (2003).
Jan Cary Kletter, et al. v. Jefferson County Board of Zoning Appeals, et al. - 32561 - The Jefferson County Board of Zoning Appeals appeals from the circuit court's order resolving Rule 60(b) motions following the issuance of this Court's opinion in Corliss, et al. v. Jefferson County Board of Zoning Appeals, 214 W.Va. 535, 591 S.E.2d 93 (2003).
2. State of W. Va. v. Brandon B. - 32052 - Continued to November 1.
State of W. Va. v. Jacquin B., et al. - 32563 - Continued to November 1.
3. SER James Michael Wensell v. George Trent, Warden - 32567 - Petitioner appeals the circuit court's order denying habeas relief following an omnibus hearing. - To be presented on briefs only without oral argument.
4. State of W. Va. v. Ronnie Lynn Legg - 32500 - Petitioner files a direct appeal from her conviction of Wrongful Removal of Timber in an amount greater than $1000. Petitioner moved for a new trial, but the motion was denied. On appeal, the petitioner seeks a reversal and new trial.
5. State of W. Va. v. Marvin Steve Mills - 32551 - Defendant appeals from his conviction on first degree murder and his sentence to life without mercy following this Court's reversal of his first conviction and a remand for a new trial in State v. Marvin Mills, 211 W.Va. 532, 566 S.E.2d 891 (2002).
6. State of W. Va. v. Matthew S. Flanders - 32290 - Petitioner was convicted after a jury trial of three counts of breaking and entering; one count of possession with intent to deliver; grand larceny; and five counts of conspiracy to commit a felony, and was sentenced to a total of three to twenty-five years. Petitioner contends that the indictment was faulty, that an out-of-court statement was improperly admitted, and that his motion for a new trial should have been granted. - To be presented on briefs only without oral argument.
7. Cindy L. Adkins, et al. v. Cathy S. Gatson, Circuit Clerk, et al. - 32509 - Petitioners appeal the circuit court's order which reversed the decision of the Bureau of Employment Programs in consolidated unemployment compensation cases. The circuit court held that the petitioners had resigned their employment without good cause involving fault by the employer and thus were disqualified from receiving unemployment benefits.
8. SER David D. Morgan v. Gregory Burton, Ex. Dir., WCC, et al. - 32756 - Workers' compensation claimant seeks a writ of mandamus to compel a final administrative decision on his petition to reopen his claim. - Dismissed.
9. SER Ronald Blankenship v. Gregory Burton, Ex. Dir., WCC, et al. - 32757 - Workers' compensation claimant seeks a writ of mandamus to compel the WCC to enter a protestable award on his claim for permanent partial disability. - Dismissed.
10. SER Nancy Dillon v. Gregory Burton, Ex. Dir., WCC, et al. - 32758 - Workers' compensation claimant seeks a writ of mandamus to require payment of dependant's benefits, arguing that an administrative policy that retroactively revoked vested benefits is unconstitutional. - Continued to November 2.
11. SER Frank Griggs v. Gregory Burton, Ex. Dir., WCC, et al. - 32759 - Workers' compensation claimant seeks a writ of mandamus to compel a decision in his request for permanent partial disability. - Dismissed.
12. SER Donna Manns v. Gregory Burton, Ex. Dir., WCC, et al. - 32760 - Workers' compensation claimant seeks a writ of mandamus to compel the WCD to issue a protestable decision and to conduct another independent psychiatric evaluation. - Dismissed.
13. SER Ernest E. Pauley v. Hon. Jay M. Hoke, Judge - 32772 - Petitioner seeks a writ of mandamus to compel the circuit court to issue an order in his pending habeas corpus petition. - Dismissed.
14. SER Jonathan D., et al. v. Hon. Russell M. Clawges, Jr., et al. - 32788 - Continued to October 5.
The briefs and other filings are provided in PDF format.
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Tuesday, October 04, 2005