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Requests for Oral Presentation
and
Petitions for Appeal
March 30, 1998
1. Dale D. v.
Victoria D., No. 980007. Mother appeals an order of the
circuit court finding no credible evidence that the father
sexually abused the child and ordering regular unsupervised
visitation. See No. 980008 for appeal by guardian ad litem.
Grant
2 - 2
(Starcher, J. And Maynard, J.)
(Davis, C.J. Disqualified.)
(Consolidate with No. 980008.)
2. Dale D. v.
Victoria D., No. 980008. Guardian ad litem appeals the same
order of the circuit court as in No. 980007 finding no credible
evidence that the father sexually abused the child and ordering
regular unsupervised visitation. See No. 980007 for appeal by
mother.
Grant
2 - 2
(Starcher, J. And Maynard, J.)
(Davis, C.J. Disqualified.)
(Consolidate with No. 980007.)
3. Stacy F. v. Daniel F., No.
980013. Mother appeals an order of the circuit court requiring
her child, conceived and born during the marriage, to undergo a
blood test to determine if the former husband is the child's
father.
Refuse
5-0
4. State of W. V. v.
Regina Brooks, No. 980015. Defendant appeals her sentence of
1 to 15 years based on her conviction (plea bargain) of Delivery
of a Controlled Substance.
Refuse
5-0
5. John Arbogast v.
Dept. of Corrections, No. 980016. Petitioner appeals the
denial of his habeas corpus petition in which he alleged
ineffective assistance of counsel in negotiating his plea
agreement.
Refuse
5-0
6. Jefferson County
BOE v. Shelly Davis, No. 980017. School secretary appeals a
decision of the circuit court finding that the Bd. of Educ.
sustained its burden of proof concerning the charges resulting in
her employment termination.
Accept
7. State of W. V. v.
Franklin Carter, No. 980030. Defendant appeals his
convictions by a jury of Counts 1 & 2 - Incest (5-15 years),
Counts 3 & 4 - 3rd Degree Sexual Assault (1-5 years), Counts
5 & 6 - Sexual Abuse by a Parent (5-15 years) and Counts 7
& 8 - 3rd Degree Sexual Abuse (90 days). Sentences for Counts
1 through 6 to run consecutively and Counts 7 and 8 to run
concurrently.
Refuse
5-0
8. State v. Donald
Adams, No. 980087. Defendant appeals his convictions for
wanton endangerment (2 counts) and aggravated robbery and his
sentences to life under WVCode 61-11-18 for one count of wanton
endangerment and 75 years for the aggravated robbery.
Refuse
5-0
9. Mark Brining v.
Jane Cline, Comm., No. 980031. Petitioner appeals revocation
of driver's license.
Refuse
5-0
10. Karen Shaffer v.
Gary Shaffer, No. 980032. Plaintiff appeals from denial of a
Rule 60b motion regarding whether plaintiff had sufficient
information to make a knowledgeable waiver of alimony.
Refuse
5-0
11. Brian Wiethe v. John Deakin, No.
980034. Plaintiff appeals from jury verdict for the defendant in
a personal injury action.
Refuse
4-1
(Workman, J.)
12. State of W. V. v. Nathan Shelton,
No. 980035. Petitioner, an individual who was deemed appropriate
for placement on home confinement in lieu of incarceration,
appeals the denial of home confinement on the basis of his
inability to pay the costs of such alternative sentencing.
Grant
5-0
13. Arturo Sherrard
v. Corning, Inc., No. 980039. Defendant appeals a jury
verdict finding that the plaintiff was subject to a hostile work
environment and awarding $75,000 in damages.
Refuse
4-1
(McCuskey, J.)
14. Arturo Sherrard
v. Corning, Inc., No. 980040. Plaintiff appeals trial court
order vacating the judgment of the jury with respect to a Wage
Payment and Collection Act count.
Refuse
5-0
15. Arturo
Sherrard v. Corning, Inc., No. 980290. Plaintiff appeals
two-thirds reduction in amount claimed for attorney's fees in a
Human Rights Act claim.
Refuse
3-2
(Davis, C.J. and McCuskey, J.)