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Requests for Oral Presentation
and
Petitions for Appeal
December 10, 1998
1. Catherine Reynolds v. City Hospital, Inc., No.
982729. Plaintiff appeals an adverse jury verdict, the denial of a motion to set
aside the verdict and the denial of a motion for a new trial in a medical malpractice
action.
ACCEPT
2. State of West Virginia v. Marlin J. McClain,
No. 982730. Defendant appeals conviction of murder. Sentenced to life without mercy.
ACCEPT
3. Eva M. Miller v. Ray L. Miller, No. 982732. Defendant
husband appeals order finding him in civil contempt and awarding the plaintiff ex-wife a
judgment in the amount of $23,622.00 for her half interest in the former marital domicile.
Refuse 5-0
4. Linda Bowling v. April K. Rice, No.
982736. Plaintiff appeals order determining that there was no policy of insurance at the
time of an automobile accident.
Refuse 5-0
5. Paul Slack v. Morgan County Board of Education, No.
982737. Teacher appeals order of lower court upholding the court's termination of the
teacher.
Refuse 4-1
[McGraw, J.]
6. Loretta Raines v. John T. Mattern, No. 982745.
Plaintiff appeals order granting summary judgment for defendant Board of Education and
appeals order dismissing plaintiff's action against the individual defendant on the
grounds of collateral estoppel.
Refuse 5-0
7. State of West Virginia v. Shane Shelton,
No. 982753. Defendant appeals conviction of first degree murder. He was sentenced to life
without mercy.
ACCEPT
8. State of West Virginia v. David Lawrence Dixon, No.
981601. The petitioner was convicted in McDowell County of 1st degree murder, without
mercy, and intoxication. He challenges the convictions upon the grounds of venue and
certain remarks by the prosecutor to the jury.
ACCEPT
9. Mary M. Mitchell v. Wheeling Park
Commission, No. 982756. In challenging an adverse jury verdict, the petitioner
contends, inter alia, that she was entitled to a determination that Wheeling Park
Commission was liable to her, as a matter of law, with regard to a winter sledding
accident.
Refuse 3-2
[Starcher, J., McGraw, J.]
10. State of West Virginia v. Donald Pfalsgraf, No.
982759. The petitioner appeals his Wirt County conviction of driving a motor vehicle while
his license was suspended for DUI. The petitioner challenges both the validity of the
underlying suspension and the constitutionality of the stop resulting in the discovery of
his suspended license.
Refuse 4-1
[McGraw, J.]
11. Nancy Morris V. Ford Motor Co.,
No. 982774. In this appeal from the Circuit Court of Monongalia County, an insurer appeals
a judgment which includes a ruling to the effect that a spouse who leaves her home because
of domestic violence, remains a member of her husband's "household" for
insurance purposes.
Refuse 5-0
12. Webster County Commission v. Caroline Clayton,
No. 982775. The Sheriff of Webster County challenges a circuit court ruling upholding the
discharge of a Webster County Commission employee who had been a de facto employee of the
Sheriff's Office.
Grant 5-0
13. Allcom, Inc. - et al. v. Bell Atlantic-WV, No. 982776.
In this appeal from the Circuit Court of Monongalia County, the petitioners challenge a
summary judgment entered for Bell Atlantic in an action wherein Bell Atlantic omitted the
petitioners' advertisements from its yellow pages.
ACCEPT
14. Roy Collins-et al. v. City of Bridgeport, No. 982777.
The petitioners, various police officers of the City of Bridgeport, appeal a ruling of the
Circuit Court of Harrison County to the effect that the City's method of awarding salary
increases, based upon merit, did not violate this State's police civil service system.
Grant 4-0
[Davis, C.J. DISQUALIFIED]
15. Stonewall Jackson v. American United Life, No.
982780. The petitioner challenges an order of the Circuit Court of Lewis County granting
summary judgment in favor of the respondents upon that portion of the petitioner's action
relating to unfair insurance claims practices.
ACCEPT