Supreme Court of Appeals of West Virginia

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

November 10, 1998

1. State of West Virginia v. John Stahlman - 981145 - Defendant appeals his convictions by a jury of first degree murder and malicious wounding.  The murder verdict was without mercy, and the defendant was sentenced to life without parole on the murder conviction and 2 to 10 on the malicious wounding, to be served consecutively. Refused 4-1, Starcher

2. State of West Virginia v. David Watson - 981506 - Defendant appeals his convictions of delivery of a controlled substance and possession with intent to deliver a controlled substance. Refused 5-0

3. State of West Virginia v. David B. Keeney - 981299 - Defendant entered conditional guilty plea to possession with intent to deliver and manufacturing a controlled substance.  He was sentenced to 1 to 5 years on each count. The sentences were consecutive.  The Court granted defendant's Motion for Probation.  The sentence was suspended and defendant was placed on a 3 year probation period. Refused 3-2, Davis & Starcher

4. Julie K. McCammon v. Bradley R. Oldaker - 981005 - Defendants request the docketing of three certified questions regarding a medical malpractice countersuit against the attorneys for the plaintiff in the underlying medical malpractice action. The following questions have been answered in the negative and certified to the Supreme Court:
a) Whether the applicable W. Va. statute of limitation bars claims for malicious prosecution and the tort of outrage where the jury verdict was entered in the underlying medical malpractice action more than 2 1/2 years prior to suit but the final decision on appeal of the underlying action was entered within one year of the filing of this suit and the plaintiff's earlier action for malicious prosecution and tort of outrage had been brought and voluntarily dismissed pending the decision on appeal.
b) Whether, a medical malpractice countersuit against the attorneys for the plaintiff in the underlying medical malpractice suit fails to state a claim in W. Va. based upon malicious prosecution and the tort of outrage, particularly where: a) the malicious prosecution claim cannot be maintained in the absence of the essential element that the medical malpractice claim was brought without probable cause, and the medical malpractice court, in the underlying case, found that a prima facie medical malpractice case had been proven therein and denied the motion for a directed verdict therein; and b) the mere initiation and pursuit of a medical malpractice action provides no basis for a claim that the attorney defendants engaged in extreme and outrageous conduct, as a matter of law.
c) Whether the defendant attorneys had an absolute right and duty to pursue the underlying medical malpractice case on behalf of their client in the underlying medical malpractice action, thereby precluding the plaintiff herein from maintaining a medical malpractice countersuit. Further Review

5. State of West Virginia v. William J. Harrison - 981640 - The petitioner appeals his convictions of breaking and entering, grand larceny, kidnapping and murder of the first degree, all related to the death of Jennifer Lee Selman, a Glenville State College student, whose body was found in a coal refuse pond in Braxton County. Refused 3-2, Davis & Starcher

6. Tina R. Richmond v. James Ellenbogen - 981645 - Defendant appeals jury verdict in a sexual harassment case.     Granted 3-2, Davis & McCuskeky

7.  George W. Rhodes, Jr. and Carol D. Rhodes v. Putnam County Sheriff's Dept. and Jamie Eggleston  - 980048 - Victim of an escaped inmate appeals a summary judgment order dismissing the civil action against the Putnam County Sheriff's Dept. for damages. Granted 3-2, Davis & Maynard

8.  Art Ashley, Sheriff v. West Virginia Department of Corrections - 972008 - Petitioner appeals a grant of summary judgment maintaining the circuit court erred in failing to interpret WV Code 29-12-5a, which the petitioner asserts eliminates the common law regarding the public duty doctrine.  The suit is based on an escapee's murdering Mr. Seamon. Further Review

9. Lawrence F. Kelley and Donald L. Kelley, as Administrators, etc. v. Ohio Valley Medical Center - 981763 - Plaintiff appeals a jury verdict for defendant in a medical/nursing malpractice claim resulting in death. Refused 4-1,
Workman

10. State of West Virginia v. James T. Samples - 981688 - The petitioner received a life sentence without mercy for felony murder based upon aggravated robbery and burglary.  The victim was killed in her apartment in North Charleston, WV.  The appellant lists six assignments of error.  Refused 5-0