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Requests for Oral Presentation
and
Petitions for Appeal

November 5, 1998

1.    State of West Virginia v. Donald E. Good, No. 981739. Defendant appeals Order regarding calculation of additional credit for time served.
Refuse 4-1
[Starcher, J.]

2.    State of West Virginia v. Andrew Roger Curry, No. 982435. Defendant appeals convictions of four counts of attempted aggravated robbery, one count of aggravated robbery and one count of burglary. There were consecutive sentences imposing a term of confinement of 51 years.
Refuse 5-0

3.    State of West Virginia v. Denny Lukas, No. 982436. Defendant appeals conviction for battery and raises speedy trial issues.
Refuse 5-0

4.    Ronnie Blakely v. Virginia Crews Coal, No. 982438. Plaintiff appeals dismissal of an action for fraud and civil conspiracy relating to a coal mining enterprise and the alleged fraudulent transfer of assets.
Refuse 4-1
[Starcher, J.]

5.    Brenda M. Campbell v. City of Parkersburg, No. 982441. Plaintiff appeals entry of Order dismissing the complaint pursuant to 12(b)(6) in a personal injury "deliberate intent" case.
Refuse 5-0

6.     Serena Peterson v. Steven D.A., No. 982467. Juvenile appeals determination of delinquency and the placement of custody with the Department of Health and Human Resources.
Refuse 5-0

7.    Thomas Bailes Coal Co., Inc. V. Columbia West Virginia Corp,
    No. 982468. Plaintiff appeals entry of summary judgment in favor of defendant and denial of plaintiff's claims for approximately $30,000.00 in a mechanic's lien action.
Refuse 4-1
[Starcher, J.]

8.    State of West Virginia v. Mary Beth Davis, No. 981653. The petitioner challenges her Greenbrier County convictions of the attempt to poison her infant son and the 1st degree murder of her infant daughter, for which the petitioner received respective penitentiary sentences of 3 to 18 years and life without the possibility of parole, the sentences to run consecutively.
Accept

9.    William J. Calabrese v. City of Charleston, No. 982219. In this certified question case, the City of Charleston asserts immunity under the West Virginia Tort Reform Act from an action alleging negligence in the maintenance of a sewer line and storm drain. The Circuit Court of Kanawha County ruled that the City had no immunity in this action.
Grant 3-2
[Davis, C.J., Starcher, J.]

10.    Donald L. Hicks v. Frederick Rash, No. 982442. The petitioner seeks reinstatement of the decision of a civil service commission which ruled that the petitioner should be returned to his position as McDowell County Deputy Sheriff, with back pay.
Accept

11.     Gerald Locke Smith v. Betty M. Rusmisell, No. 982453. The petitioner, Mike Ross, Inc., contends that the Circuit Court of Upshur County committed error in ordering the resale of certain tracts of land sold at a partition auction.
Grant 4-1
[Davis, C.J.]

12.    M. A. Ghannam v. Rev. Bernard Schmitt, No. 982454. The petitioners challenge the dismissal of their daughter from Charleston Catholic High School. The issues raised by the petitioners include an assertion of discrimination based upon religion and natural origin.
Refuse 4-1
[McCuskey, J.]

13.    Alba Channell, et al. v. Webster Woodlands, No. 982455. The petitioners challenge a ruling of the Circuit Court of Webster County that their action for the wrongful cutting of timber is barred by the statute of limitations.
Refuse 4-1
[Starcher, J.]

14.    SER City of Fairmont v. Tony Givens, No. 982457. This is a pro se appeal wherein the petitioner challenges his conviction of 1st offense driving under the influence of alcohol.
Refuse 5-0