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Requests for Oral Presentation
and
Petitions for Appeal

October 8, 1998

1.    David R. Hubbard v. Howard Painter, No. 982182. Petition for Writ of Habeas Corpus. Petitioner seeks to have convictions for nighttime burglary vacated.
Refuse 3-2
[Davis, C.J., Starcher, J.]

2.    William Becton v. Nicholas Hunn, No. 982183. Petitioner seeks review of the denial of his Petition for Omnibus Habeas Corpus Relief.
Grant 4-1
[Maynard, J.]

3.    Charles E. Smith v. Sears, Roebuck & Co., No. 982185. Plaintiff appeals entry of summary judgment for the defendant in an age discrimination in employment case.
Grant 5-0

4.    Sexton Can Co., Inc. v. Board of Review of Employment Programs, No. 982188. Employees appeal denial of unemployment compensation benefits.
Accept

5.    Sexton Co., Inc. v. Board of Review of Employment Programs, No. 982582. Employer appeals decision that employees were not disqualified for unemployment benefits.
Accept

6.    State of West Virginia v. Donna L. Phillips, No. 982192. Defendant appeals conviction of disorderly conduct ($50.00 fine), assault on a police officer (20 days in jail, $100.00 fine) and resisting arrest (20 days in jail, $20.00 fine).
Accept

7.    State of West Virginia v. Carlis & Tony Mahon, No. 982087. Defendants appeal convictions of malicious wounding and battery.
Refuse 5-0

8.    State of West Virginia v. James M. Flippo, No. 982196. The petitioner appeals his Fayette County conviction of murder of the first degree, without mercy, wherein the petitioner's wife was found dead in a cabin at Babcock State Park.
Accept

9.    Jana Freeman, et al. v. Preston County BOE, No. 982197. The petitioners challenge a decision of the Preston County Board of Education to : (1) close Newberg Elementary School and transfer the students to Fellowsville Elementary School, (2) transfer 7th and 8th grade students from Aurora School to Terra Alta/East Preston and (3) transfer 9th grade students from Rowlesburg to Central Preston Junior High School. The decision of the Preston County Board of Education was upheld by the Circuit Court of Preston County.
Refuse 5-0

10.    Natalie Haynes v. Rhone-Poulenc, Inc., No. 982198. In this pregnancy/disability discrimination action based upon the West Virginia Human Rights Act, Haynes was awarded $21,000.00 in back wages, $21,000.00 for emotional distress, $58,000.00 in punitive damages and $49,704.93 for litigation expenses and attorney fees. Rhone-Poulenc, however, contends that it did not fail to reasonably accommodate Haynes' pregnancy.
Grant 4-1
[Starcher, J.]

11.    Carol Price v. Edward Weith, Sheriff, No. 982199. The petitioner was convicted of grand larceny and petit larceny in the Circuit Court of Mingo County. Claiming that she should only have been convicted of shoplifting, the petitioner seeks relief in habeas corpus.
Refuse 5-0


12.    David J. Shiveley v. George Trent, Warden, No. 982200. The petitioner, serving penitentiary terms including a sentence of life without mercy, appeals from the denial by the Circuit Court of Mercer County of relief in habeas corpus.
Accept

13.    SER Timothy Layton v. George Trent, Warden, No. 982203. The petitioner, an inmate at the Mount Olive Correctional Complex, appeals from an order entered by the Circuit Court of Jefferson County vacating a previous order which enjoined the Warden from confiscating the personal computer maintained in the petitioner's cell. The petitioner asserts that the use of his computer is intertwined with his pending post-conviction habeas corpus proceeding.
Deferred

14.    State of West Virginia v. Kevin Dale Gray, No. 982208. The petitioner challenges his felony convictions in the Circuit Court of Lewis County of (1) driving under the influence of alcohol, third offense, and (2) driving with an alcohol concentration in his blood of ten hundredths of one percent or more, by weight, third offense.
Refuse 5-0