Supreme Court of Appeals of West Virginia

 Gavel3.gif (863 bytes)     Motion Docket     Gavel3.gif (863 bytes)

October 6, 1998

1. State of West Virginia v. Franklin Junior Kennedy - 980858 - Defendant appeals first degree murder conviction with recommendation of mercy.  Life sentence with eligibility for parole in 15 years.  Grant 3-2, Davis & Maynard

2. Landmark Corporation v. Apogee Coal Co. - 981068 - Defendant appeals from entry of summary judgment for plaintiff in a breach of contract action.   Whether the lower court erred in granting summary judgment for the plaintiff upon determining that contract language was clear and unambiguous.  The contract provided "16.5 Post-Employment Liabilities.  Arch agrees to be responsible for post-employment liabilities for the first 20 employees hired by contractor for the purpose of performing reclamation work under this agreement.  Contractor agrees to be responsible for all post-employment liabilities for all other employees hired by contractor for the purpose of performing reclamation work under this agreement. Refuse 4-1, Davis

3. Randy Mays v. Public Service Commission of West Virginia & Big Sandy Sewer Public Service District -
981955 - No summary available. Refuse 4-1, Starcher

4. State of West Virginia v. George Henry Watts - 981829 - Defendant appeals conviction and sentence for night time burglary (1 to 5 years), three counts of non-aggravated robbery (15 to 18 years each), aggravated robbery (50 years), sexual assault in the second degree (10 to 25 years), and three counts of sexual assault in the first degree (1 to 5 years each).  Refuse 4-1, Starcher

5. State of West Virginia v. Stephen Hatfield - 981669 - This appeal is derivative of State v. Hatfield, 186 W.V. 507, 413 S.E.2d 162 (1991), which directed the lower court to develop the record concerning the petitioner's guilty pleas.  The petitioner now contends that it was error to uphold the guilty pleas upon remand. Granted 4-0, Maynard disqualified

6. William James Harold v. Melissa Faye Harold - 980732 - In this Roane County case, the special family law master recommended that the petitioner, Melissa Faye Harold, be awarded custody of her two children.  The circuit court, however, concluded that the petitioner was unfit to have custody.  Refused 4-1, Starcher

7. Raleigh General Hospital v. West Virginia Health Care Authority, West Virginia Consumer Advocate and Public Employees Insurance Agency - 981988 - This is an appeal from the denial by the WV Health Care Authority of the application of Raleigh General Hospital for a certificate of need to establish an angioplasty and open heart surgery program. The denial was affirmed by the Circuit Court of Raleigh County. Refused 5-0

8. State of West Virginia v. Frank C. Anderson - 982004 - Defendant appeals conviction for sexual assault in the first degree.  Sentenced to 10 to 20.   The lower court refused to address the defendant's post-trial motions due to his escape. Refused 5-0