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Requests for Oral Presentation
and
Petitions for Appeal

April 1, 1998

1.    State of W. V. v. Michael Campbell, No. 973071. Defendant appeals his conviction by a jury of obtaining money, goods or other property by fraud and that portion of his sentence ordering him to make restitution in the amount of $4,300.

Refuse
5-0
    
2.    George W. Rhodes v. Putnam County Sheriff, No. 980048. Victim of an escaped inmate appeals a summary judgment order dismissing the civil action against the Putnam County Sheriff's Dept. for damages. Response filed.

Defer
    
3.    Stephen A. Wickland v. American Travellers, No. 980086. The administrator to the decedent's will appeals a summary judgment order of the circuit court finding that the insurance contract for long term nursing home care does not apply because of the decedent's preexisting medical conditions. Response filed.

Accept     

4.    Marsha Roth v. Marty J. Trabert, No. 980088. The underinsurance company appeals a jury verdict awarding underinsurance benefits of $600,000 and $10,854.16 in prejudgment interest. Response filed.

Refuse
4-1
(McCuskey, J.)
    

5.    Mark A. Connell v. Beverly K. Smith, No. 980090. Defendant appeals from Order granting a new trial and an Order denying a Motion for Reconsideration in a personal injury action.     Response filed.

Refuse
5-0
    
6.    State of W. V. v. Penny G. Miller, No. 980091. Defendant appeals conviction of first degree murder without mercy.

Accept
    
7.    State of W. V. v. Donald C. Stout, No. 980103. Defendant appeals conviction on two counts of incest. He was sentenced to two consecutive terms of 5 to 15 years.

Refuse
5-0
    
8.    Mary Hensley v. WVDHHR, No. 980097. DHHR appeals Order awarding ten percent compound prejudgment interest on their back wage claims. Response filed.

Grant
4-1
(Starcher, J.)