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Requests for Oral Presentation
and
Petitions for Appeal

November 17, 1998

1.    State of West Virginia v. Edward Mallamo, No. 982505. Defendant appeals conviction of driving on suspended license for driving under the influence. (6 months) Refuse 3-2 [Starcher, J., McCuskey, J.]

2.    Calvin Lavender v. Putnam Co. Board of Zon., No. 982542. Petitioner appeals Order regarding the location of his adult entertainment business. Refuse 4-1 [Maynard, J.]

3.    State of West Virginia v. Christopher Smith, No. 982546. Defendant appeals misdemeanor conviction of petit larceny (1 year). Refuse 5-0

4.    State of West Virginia v. Darl D. Alt, No. 982547. Defendant appeals conviction of 27 counts of sexual abuse in the first degree. Defendant was sentenced to 15 consecutive 1 to 5 year terms and 12 concurrent 1 to 5 year terms.
Refuse 5-0

5.    Harrison County BOE v. Jane VanOoyen, No. 982597. County board of education appeals order of the lower court finding that in a multi- classification position where the applicants are equal in terms of qualifications and evaluations of past service the hiring for the position should be determined by seniority. Refuse 5-0

6.    In Re v. Carolyn Roth Mantz, No. 982609. Petitioner appeals circuit court order granting a petition for injunction filed by a guardian of a protected person prohibiting the petitioner or anyone acting on his behalf from contacting or attempting to contact the protected individual. Refuse 5-0

7.    Kimberly P. Peters v. Dana R. Peters, No. 982469. The petitioner, Kimberly P. Peters, challenges an order refusing to hold her former husband in contempt for allegedly breaching his obligation to pay a marital debt. Refuse 4-1
[Workman, J.]

8.    Ray Curry v. WV Dept. Of Health and Human Resources, No. 982484. The Department of Health and Human Resources and the Division of Personnel jointly appeal the "calculation of back pay in a working out-of- classification case" adopted by the Circuit Court of Mingo County. Refuse 3-2 [Davis, C.J., McCuskey, J.]

9.     Dorothy Carey v. City of Martinsburg, No. 982504. The petitioners, Carey and Shoemaker, contest an adverse jury verdict in a personal injury action wherein the jury was informed that Carey and Shoemaker had "resolved" their differences and that Shoemaker's conviction of failing to yield the right-of-way constituted prima facie negligence. Refuse 5-0

10.    Jo Ann Crim v. Gilbert Wilkes, No. 982265. The petitioner, Jo Ann Crim, challenges the dismissal of an action against her court appointed attorney. Crim asserts that the attorney failed to protect her from the wrongful acts of her legal guardian. Refuse 4-1 [Starcher, J.]

11.    James C. Kitts v. Dana Corporation, No. 982517. The petitioners challenge an adverse jury verdict in the Circuit Court of Cabell County wherein the petitioners claim that an alleged lack of adequate warnings, concerning the use of a product, rendered the product defective. Refuse 3-2 [Starcher, J., Maynard, J.]

12.    Energy Resources v. The Cafaro Company, No. 982535. The petitioner, Energy Resources, Inc., challenges the entry of summary judgment in an action wherein the petitioner, as lessee, alleged that the respondents interfered with the production of an oil and gas well. Refuse 5-0


13.    State of West Virginia v. Marc Scott, No. 982663. The petitioner challenges his conviction in the Circuit Court of Monongalia County of second degree murder. The petitioner's defense was that the shooting death of the victim was accidental. Grant 5-0