JEWELL v. FORD, et al., No. 30037 (Per Curiam)(Starcher, J., concurring)(April 12, 2002).
Reversing an entry of summary judgment in favor of insurer by the Circuit Court of Raleigh County in a declaratory judgment action arising from an automobile accident.  Holding that genuine issues of material fact exist as to whether the plaintiff made a knowing and intelligent waiver of the additional, optional uninsured motorist coverage in accordance with W.Va. Code 33-6-31(b).  Remanded for further proceedings.

SHROYER v. HARRISON COUNTY BD. Of ED., No. 30033 (Per Curiam)(McGraw, J. and Albright, J., dissenting)(April 12, 2002).

Affirming a decision by the Circuit Court of Kanawha County that upheld a grievance board decision in favor the county board in a dispute regarding the amount of time a school counselor is required to spend on administrative work. Reviewing applicable regulations and state board Policy 2315, and finding that the counselor did not demonstrate that she spent more than 25 percent of her day engaged in administrative work, which she alleged to violate West Virginia Code 18-5-18b. Also rejecting argument that because she provides services to approximately 750 students while other counselors serve 275 students or less she met the definition of discrimination set forth in W.Va. Code 18-29-2(m).

BELCHER v. WAL-MART Inc., et al., No. 30000 (Per Curiam)(Starcher, J. and McGraw, J., dissenting)(April 8, 2002). Affirming an entry of summary judgment in favor of Wal-Mart and its managers in a defamation and unlawful detention suit arising out of the retailer's actions following appellant's attempt to return a computer he had purchased two days earlier. Holding that appellant failed to satisfy two essential elements of a claim for defamation: existence of a defamatory statement and nonprivileged communication to a third party. Further holding that in the absence of evidence that Wal-Mart employees actually detained the appellant, or restrained his freedom of motion through force or actions which would provide a reasonable basis for a subjective belief that he was being detained, summary judgment on the illegal detention claim was properly granted.

STATE v. ROBIN BARNHART, No. 29967 (Per Curiam)(April 8, 2002). Reversing a misdemeanor battery conviction obtained in the Circuit Court of Ohio County.  Holding that the circuit court erred in failing to dismiss the indictment because a member of the grand jury was a police officer who played some role in the investigation of the crime for which the appellant was indicted.  While not voting on the indictment, the officer nevertheless remained in the grand jury room during the prosecuting attorney's presentment and during the deliberations of the grand jury, thereby violating the appellant's right to have an indictment returned against her by a legally constituted and unbiased grand jury.