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Petitions for Appeal

1.    State of West Virginia v. Jahmal Davis, No. 992977. Defendant appeals his conviction for malicious assault for which he was sentenced to an indeterminate term of not less than 2 nor more than 10 years in the State Penitentiary. He seeks a reversal of his conviction or, in the alternative, a new trial.

2.    State of West Virginia v. Lynis N. Ellerbe, No. 992978. Defendant appeals from his jury convictions of aggravated robbery, attempted kidnaping and wanton endangerment with a firearm. He seeks a reversal of his convictions.

3.    State of West Virginia v. Jamall L. Smith, No. 992983. Defendant appeals from his conviction for malicious assault for which he received a sentence of 2 to 10 years in the State Penitentiary. Defendant seeks a reversal of his conviction.

4.    Leslie S. Stone v. Jackson County BOE, No. 992984. Plaintiff appeals from the summary judgment awarded in favor of the Board of Education on plaintiff's Mandolidis, wrongful discharge and contract claims. Plaintiff seeks a reversal of that decision and requests a remand of this action to the circuit court for trial.

5.    State of West Virginia v. Melody Onapolis, No. 992982. Defendant appeals from a pretrial ruling of the circuit court denying defendant's motion to dismiss the indictment for failure to give her a speedy trial under the Interstate Agreement on Detainers. Defendant seeks a dismissal of her indictment.

         Grant Petition 4-1

 

6.    State of West Virginia v. Clyde W. Shaw, No. 992986. Defendant appeals from his 2 felony convictions for DUI third offense and driving while revoked for DUI third offense. He was sentenced to 1 to 3 years and fined $5,000 on each, said sentences to run consecutively.

7.    State of West Virginia v. Allah Jamaa Wallace, No. 992989. Defendant appeals from his conviction for battery of a police officer for which he was committed to The Industrial Home for Youth at Salem for a period of one year.

8.    Bank One, West Virginia Wheeling, N.A. v. Virginia G. Collins, No. 992996. Plaintiff petitions this Court for a review of a certified question.

Refuse Petition 3-2

9.    Marjorie Verba, Estate v. David Ghaphery, M.D., No. 992998. Plaintiff appeals from the circuit court's order reducing the verdict in this medical malpractice action pursuant to the medical malpractice cap of W.Va. Code 55-7B-8. Plaintiff seeks a reinstatement of the full verdict.


10.    Cabell County BOE v. Richard Baker, No. 992999. The petitioner, Richard Baker, appeals from an order entered in the Circuit Court of Kanawha County reversing a Level IV grievance decision of the West Virginia Education and State Employees Grievance Board. The Circuit Court determined that the case should be dismissed because the petitioner's grievance was not timely filed.


11.    Hewitt M. Grasty, Jr. v. Howard Painter, Warden, No. 993000. The petitioner, Hewitt M. Grasty, Jr., appeals from an order entered in the Circuit Court of Fayette County denying him relief in habeas corpus. The petitioner, who entered a plea of guilty to the offense of aggravated robbery, was sentenced to a term of 40 years. The petitioner asserts that his counsel in the underlying proceeding was ineffective and that his sentence was excessive.

12.    Stella Jean Ables v. State Div. Of Human Resources, No. 993001. The petitioner, Stella Jean Ables, appeals from an order entered in the Circuit Court of Lewis County granting the Rule 12(b)(6) motion to dismiss filed by the respondent Lewis County Board of Education. The petitioner, representing the estates of five children who died in an intentionally-set house fire, alleged that the Board's failure to report suspected abuse and neglect constituted a factor in the children's death. The Circuit Court ruled, however, that the reporting requirement did not create a private cause of action against the Board.

13.    Joseph W. Cubbison v. Gary Miller, M.D., No. 993003. The petitioner, Joseph W. Cubbison, appeals from an order entered in the Circuit Court of Wood County dismissing his medical malpractice action. The Circuit Court concluded that the action was barred by the two-year statute of limitations.

Refuse Petition 5-0

14.    State of West Virginia v. Mary-Daniel McMillion, No. 993005. Petitioners, Daniel R. and Mary E. McMillion, appeal from an order entered in the Circuit Court of Harrison County upholding the issuance of a peace bond against the petitioners by the Harrison County Magistrate Court. The controversy arose from an altercation between the petitioners and their daughter-in-law.

15.    Elbert Allison v. Hancock County BOE, No. 993015. The petitioner, Elbert Allison, appeals from an order entered in the Circuit Court of Kanawha County which affirmed an adverse Level IV decision of the West Virginia Education and State Employees Grievance Board. The petitioner, a Supervisor of Transportation employed by the respondent under a 240-day contract, contends that, pursuant to principles of salary uniformity, he was entitled to a 261-day contract.

16.    William R. Dean v. The Town of Addison, No. 993016. The petitioner, The Town of Addison, appeals from a summary judgment entered in the Circuit Court of Webster County in favor of the respondents, William R. Dean, et al. The Circuit Court ruled that a fire protection service fee adopted by the Town, although constitutional upon its face, was unconstitutionally applied, where the fees collected were used to provide fire protection to property owners whose property was located outside the boundaries of the city.

17.    Coastal Corporation v. Bean, Roebuck, Hall, No. 993018. Petitioner- defendants, Allen Taylor and Robert Joliff, appeal from an order entered in the Circuit Court of Wood County finding them jointly and severally liable, along with Bean, Roebuck, Hall & Associates, for certain debts associated with the development of a leasehold interest. Specifically, the Circuit Court concluded that the petitioners were general partners in a joint venture with Bean, Roebuck, Hall & Associates and were, therefore, liable for the debts incurred by BRH&A. The petitioners contend, however, that they were “passive investors only” and were, thus, not liable.

Accept for Motion Docket