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Requests for Oral Presentation
and
Petitions for Appeal

July 14, 1998

1.    Bonita C. Bonar v. Deana S. Gannoe, No. 981277. Defendant appeals award of new trial and the jury verdict for the plaintiff in the second trial of a personal injury action. Response filed.
Refuse 4-1
[McCuskey, J.]

2.    Larry G. Kirkland v. Dept. of Transportation, No. 981279. Plaintiff appeals entry of an order granting defendant's Motion to Dismiss in a wrongful death action. Response filed.
Refuse 5-0
    
3.    John L. Ash v. Roy Young & Sons,No. 981280. Defendant appeals jury verdict for plaintiff in a breach of contract action. Response filed.
Grant 3-2
[Starcher, J., Workman, J.]
        
4.    State of West Virginia v. Burl Smith, No. 981291. Defendant appeals convictions of driving under the influence of alcohol-3rd offense (1-3 years) and driving while suspended, obstructing an officer and failure to stop for an emergency vehicle (concurrent terms).
Refuse 5-0

5.    State of West Virginia v. Bobby Omps, No. 981293. Defendant entered a conditional plea of nolo contendere to the felony offense of attempted, malicious assault of a police officer. The sentence of 1 to 3 years was suspended and 3 years probation with a condition of 4 months incarceration was imposed.
Refuse 5-0
    

6.    State of West Virginia v. David B. Keeney, No. 981299. Defendant entered conditional guilty plea to possession with intent to deliver and manufacturing a controlled substance. He was sentenced to 1 to 5 years on each count. The sentences

were consecutive. The court granted defendant's Motion for Probation. The sentence was suspended and defendant was placed on a 3 year probation period.
Accept

7.     Patty Johnson v. John Johnson, No. 981396. Plaintiff appeals lower court's order regarding access to retirement account.
Refuse 4-1
[Starcher, J.]

8.    Nancy Mayhew v. Robert Mayhew, No. 981420. Plaintiff, wife, appeals order regarding the allocation of the appreciated value between active and passive appreciation of stock in a family owned business.
Grant 3-2
[Maynard, J., McCuskey, J.]

9.    Kinsey Martin Howell, et al. v. Appalachian Energy, Inc. et al., No. 981313. Companies/lessees appeal the circuit court's order finding that certain oil and gas leases were abandoned. Response filed.
Accept

10.    SER Lorie McGuire v. William Davis, Comm., No. 981360. In this original petition for a writ of habeas corpus, the petitioner seeks credit for post-conviction home incarceration during the pendency of her appeal in State v. McGuire, 490 S.E.2d 912 (W.V. 1997).
Refuse 4-1
[Starcher, J.]

11.    Sharron K. Chenault v. Thomas D. Chenault, No. 981361. Former husband appeals an order awarding $600/month in permanent alimony, in subjecting the husband's federal pension to equitable distribution and in awarding some attorneys' fees of the former wife. Response filed.
Refuse 5-0

12.    Thomas L. Hardy v. Jean M. Singleton, No. 981362. Plaintiff appeals the denial of post judgment motions after an adverse jury verdict in an motor vehicle accident case. The jury found 50% contributory negligence on the part of the plaintiff.
Accept

13.    State of West Virginia v. Carl L. Funk, No. 981363. Defendant appeals the denial of his motion for probation and his sentence of one to ten years in the penitentiary.
Refuse 5-0

14.    Joseph W. DeHaven v. Henry Oldaker, No. 981368. Plaintiffs appeal a jury verdict finding the defendants were not negligent in the demolition of the building adjacent to the Plaintiff's building and business. Response filed.
Refuse 5-0