Converted WP file 12-398

Link to original WordPerfect Document here

Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Thursday, December 3, 1998

1.	Peggy L. Collins No. 982982 Refuse 5-0	Motion for Stay Pending Appeal in Collier v. Collier, Petition for Appeal No. 982982 filed 10/30/98. Petitioner seeks to stay enforcement of the circuit court's final order directing him to transfer two parcels of marital real estate, one of which is Petitioner's current residence. Petitioner's Motion for Stay Pending Appeal in the circuit court was granted as to payment of alimony but denied as to the transfer of property.
2.	Dennis B. Burch Pro se No. 982954 Returnable to circuit court 5-0	Motion for Appointment of Standby Counsel in Burch v. Ritchie County Circuit Court, No. 982954. Pro se Petitioner requests appointment of standby counsel to assist in pursuing the mandamus action in which he seeks to compel production of documents necessary for developing a post-conviction habeas corpus action.
3.	Charles Houdyschell, Jr. Assistant Attorney General No. 982975 Refuse 5-0	Petition for Writ of Prohibition in State ex rel. William K. Davis v. Kaufman, No 982975. The Commissioner of the Division of Corrections contends that the circuit court's sentencing order, which also requires transfer of the inmate from the South Central regional Jail to a correctional facility within twenty days, violates the spirit of the Court's ruling in State ex rel. Stull v. Davis, 1998 WL 409343 (July 17, 1988).
4.	Lucinda F. Fitch No. 972463 Refuse 5-0	Motion to Dismiss Petition for Appeal in Fletcher v. WCD/Wetzel County Hospital, No. 972463. Respondent asserts that it has never been served with a copy of the petition as required by W. Va. R. A. P. 13A(c).
5.	Howard G. Salisbury, Jr. No. 982669 Refuse 5-0	Motion to Dismiss Petition for Appeal in Harris v. WCD/U.S. Steel Mining Co., Inc., No. 982669. Respondent asserts that the September 15, 1998 petition for appeal from the July 16, 1998 Order of the Appeal Board was not timely filed.
6.	Susan Snowden Nos. 25325, 25326, 25327 and 25329 Grant 5-0	Motion of the West Virginia Manufacturer's Association and the West Virginia Retailer's Association for Leave to File an Amicus Curiae Brief in Remsburg, et al. v. Kmart Corporation, No. 25327; Stewart v. Waco Equipment Co., No. 25329; Beverly Judy, et al. v. Sheetz Corporation, No. 25326; and Meadows v. Wal-Mart Stores, Inc., No. 25325. Petitioners assert that their collective membership has a significant and real interest in the outcome of these consolidated proceedings which involve the economic value of accrued sick leave and vacation benefits under the West Virginia Wage Payment and Collection Act. Petitioners were previously granted leave to file an amicus brief in opposition to the Petition for Appeal in Remsburg, et al. v. Kmart Corporation, No. 25327, and wish to continue to support the position of Kmart and the holding of the circuit court. Amicus brief conditionally filed with the motion.
7.	Cheryl Lynne Connelly No. 25206 Grant 5-0	Motion for Leave to File Amicus Curiae Brief on behalf of the National Conference of Insurance Guaranty Funds (NCIGF) in Richardson, et al. v. Kennedy, et al., No. 25206. NCGIF seeks to file an amicus brief in support of the West Virginia Insurance Guaranty Association, the Petitioner and Intervenor below, on an issue of significance to insurance guaranty associations nationwide. Amicus brief conditionally filed with the motion.
8.	D. Conrad Gall No. 983118 Deferred	Petition for Writ of Mandamus in State ex rel. Riley v. Dr. Ted Glance, Chairman of Sexual Offenders Advisory Board, et al., No. 983118. Petitioner seeks to compel the Sex Offender Registration Advisory Board to issue its findings and recommendation on whether the Petitioner is a sexually violent predator for purposes of the Sex Offender Registration Act, W. Va. Code § 61-8F-1a et seq..