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Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Wednesday, July 1, 1998

1. Lonnie C. Simmons
No. 24446
Refuse 5-0
(Workman, J. Disqualified; Moats, J. Participating) 		Motion to Leave to File Rely to Defendant's Smith Response to Plaintiff's Petition for Rehearing in McCormick v. Dept. Of Corrections, No. 24446, filed 5/8/98.
2. Michael R. Crane
No. 981511
Grant 5-0 		Motion for Leave to Supplement the Appendix in Daigle v. WCD/United Talent, No. 981511. Appeal Board Order was dated 4/30/98; petition for appeal was filed 5/29/98.
3 Sean Harter
No. 25023
Grant 5-0 		Motion for Substitution of Counsel in Price v. WCD/The Kroger Co., No. 25023, to be submitted 9/11/98
4. James K. Brown
No. 25048
Grant 5-0 		Motion for Continuance of Oral Argument in WV Highlands Conservancy, et al. v. PSC, et al., No. 25048, to be submitted 9/16/98.
5. David S. Skeen
No. 981272
Refuse 5-0 		Motion to Permit Petitioner to File Sur-response to Respondent's Brief in Cobb v. WCD/E.I. Dupont de Nemours and Co., No. 981272. Appeal Board Order was dated 3/31/98; petition for appeal was filed 4/30/98.
6. Dreama Sinkkanen
No. 981642
Refuse 3-2
[Davis, C.J., Starcher, J.] 		Petition for Bail in State v. Paletta, No. 981642, Case Nos. 93-F-84-2 (pled to 1 count breaking and entering), 93-F- 135-2 (1 count fraudulent use of credit card) and 94-F-50- 2 (1 count receiving stolen property), Harrison County. The defendant is being held for parole violations and the circuit court allegedly refused to set bail in any amount.
7. Marvin Masters
No. 23557
Grant 4-0
[McCuskey, J. Disqualified] 		Motion to Supplement the Record in Kessel, et al. v. Leavitt, et al., No. 23557, submitted 1/28/97. The motion seeks to supplement with a 6/15/98 opinion from the Circuit Court of Appeal of the State of California, Second Appellate District, Division One. Response filed.
8. Robert M. Bastress
No. 24434
Grant 5-0 		Motion of the American Civil Liberties Union of West Virginia to File Brief Amicus Curiae in Support of Appellant's Petition for Rehearing and Statement of Interest in Tiernan v. Charleston Area Medical Center, Inc., No. 24434, filed 5/21/98.
8a. Stuart Calwell
No. 24434
Grant 5-0 		Motion of the W.V. Building & Construction Trades Counsel and the Affiliated Construction Trades Foundation, Inc. to File Brief Amicus Curiae in Support of Appellant's Petition for Rehearing and Statement of Interest in Tiernan v. Charleston Area Medical Center, Inc., No. 24434, filed 5/21/98.
8b. Thomas P. Maroney
No. 24434
Grant 5-0 		Motion of the W.V. Labor Federation, AFL-CIO to Participate as an Amicus Curiae in Support of Appellant's Petition for Rehearing and Statement of Interest in Tiernan v. Charleston Area Medical Center, Inc., No. 24434, filed 5/21/98.
8c. Robert J. D'Anniballe, Jr.
No. 24434
Grant 5-0 		Motion of the Independent Steelworker Union to Participate as an Amicus Curiae in Support of Appellant's Petition for Rehearing and Statement of Interest in Tiernan v. Charleston Area Medical Center, Inc., No. 24434, filed 5/21/98.
9. Vito Mussomeli
Grant 5-0 		Petition for Extension of Stay Pending Appeal in State v. Stotler, Cir. Ct. No. 97-I-2, Morgan County.
10. John H. Tinney
No. 981704
Refuse 5-0
 Petition for Writ of Prohibition in SER Arauca Trading Limited Partnership, et al. v. Zakaib, et al., No. 981704. The petition seeks to prohibit the issuance of an order unsealing the file and record, in the underlying case, because of a confidentiality provision in a settlement agreement.
11. Mary McQuain
No. 25136
Refuse 5-0 		Motion for Leave to File Reply to Responses to Petition for Writ of Prohibition in SER Fraizer, et al. v. Hrko, No. 25136, to be submitted 9/8/98.
12. William R. Wooton
No. 980461
Refuse 5-0 		Motion to Reconsider in Traylor v. W.V. Bd. Of Educ., No. 980461, petition refused 6/4/98. Circuit Court's order was filed 12/23/97.
13. Tammy P.
Pro Se
No. 981177
Refuse 4-1
[Starcher, J.] 		Petition for Reconsideration in In the Matter of Jason P., No. 981177, refused 5/20/98.
13a. Margaret Gordon
No. 981177
Refuse 4-1
[Starcher, J.] 		Petition for Reconsideration in In the Matter of Jason P., No. 981177, refused 5/20/98.
14. Susan S. Brewer
No. 981764
Refuse 4-1
[McCuskey, J. would grant an error of pretrial schedule] 		Petition for Writ of Prohibition in SER Wheeling Hospital, Inc. et al. v. Risovich II, et al., No. 981764. The petition alleges clear-cut legal error in denying the defendants' motion for summary judgment, which alleged the suit was barred by the applicable statute of limitation. The petition also alleges error in the procedural schedule for the mandatory pretrial conference.
15. Kelly R. Reed
No. 25187
Grant to Allow Response
5-0 		Motion to Dismiss Appeal Petition, or, In the Alternative, to Allow Response Out of Time and Reconsideration in Shiflet v. Nicholas County Community Action Association, et. al., No. 25187, granted 6/16/98.
16. Thomas J. Gillooly
No. 24979
Refuse 5-0 		Motion for Bail Pending Appeal and To Remand for Steele hearing in State v. Boggess, No. 24979, to be submitted 9/15/98. Motion seeks an order admitting him to bail and a remand for the limited purpose of making a record on bail.
17. Scott F. Reynolds
No. 981778
Grant 5-0 		Petition for Writ of Prohibition in SER Reynolds v. Karl, No. 981778. The petition seeks to revoke the court's order granting the defendant in the underlying case post- conviction bail. The petition maintains that WVCode 62- 1C-1(b) prohibits bail because "the offense was committed. . . by the use of violence to a person."
18. R. Ford Francis
No. 981780
Refuse 5-0 		Petition for Writ of Prohibition in SER Celina Mutual Ins. Co., et al. v. Pratt, No. 981780. The petition seeks to prohibit discovery from proceeding on both the contract case and the bad faith case. The petition alleges that a protective order was denied by the circuit court.
19. Michael T. Clifford
No. 981782
Refuse 5-0 		Petition for Writ of Prohibition in SER Tucker v. Canady, et al., No. 981782. The petition seeks to prohibit enforcement of a 3/5/98 order prohibiting the Sheriff from removing three bailiffs currently assigned to the Judicial Annex. The petition maintains an amicable solution was not reached.
20. Kelli D. Talbott
No. 981791
Grant 5-0 		Petition for Writ of Prohibition in SER Marockie, et al. v. Reed, et al., No. 981791. The petition seeks to prohibit enforcement of an order requiring the W.V. Dept. Of Education to pay the educational costs for a juvenile placed in an out-of-state residential treatment facility. The petition alleges no notice of the juvenile proceedings was given to the Dept., and DHHR, rather than the Dept., is authorized to expend funds for such educational costs.
21. Darrell V. McGraw, Jr.
Jacquelyn I. Custer
No. 981826
Grant 5-0 		Petition for Writ of Prohibition and Motion for Stay in SER Miller v. Reed, No. 981826. The petition seeks to prohibit enforcement of an order requiring the W.V. D. M. V. to conduct an administrative DUI hearing. The petition alleges that the jurisdiction lies in the Kanawha County Circuit Court and that the underlying petition was untimely.
22. Jerald E. Jones
No. 981830
Grant 5-0 		Petition for a Writ of Prohibition in SER Zirkle v. Fox, No. 981830. The petitioner seeks to prohibit him incarceration for civil contempt on 7/6/98. The petitioner asserts that no hearing in which he was allowed the present evidence was held by the circuit court in violation of Syl. Pt. 3, Chesapeake & Ohio System Federation v. Hash, 294 S.E.2d 96 (W.V. 1982).
23. William M. Johnson
Pro Se
No. 980003
Refuse 5-0 		Motion for Leave to File Supplemental Petition for Appeal out of Time in Johnson v. Trent, No. 980003 refused 6/4/98. Motion asserts that counsel's action inhibited the petitioner from participating in the appeal.