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Requests for Oral Presentation
and
Petitions for Appeal

July 1, 1998

1.    State of West Virginia v. Craig D., Infant, No. 981077. Juvenile defendant appeals his placement with the Dept. of Corrections until he is 19 years old based on his conviction arising from his plea to un-aggravated robbery. Defendant maintains the circuit court failed to make appropriate findings and requests a remand with directions
Grant 5-0

2.    State of West Virginia v. Jeffery C. Sharp, No. 981383. Defendant appeals his convictions of possession of and possession with intent to deliver a controlled substance. The defendant was sentenced to 1 to 5 years to be served concurrently
Refuse 4-1
[Starcher, J.]

3.    Richard Szturm v. Huntington Blizzard, No. 981112. Management employee/limited partner, Robert Henry, appeals the priority allowance of only $250 out of his $44,426.27 claim for wages in an action to wind up a limited partnership
Grant 4-1
[McCuskey, J.]

4.    State of West Virginia v. Kenneth G. Jones, No. 981113. Defendant appeals his conviction of obstructing an officer. The defendant was sentenced to 9 months, ordered to pay the costs and court appointed counsel fees.
Refuse 4-1
[Starcher, J.]

5.    Gary Wayne Harlow v. William Haines, No. 981122. Injured worker appeals a partial summary judgment order dismissing the owner of the property in a premises liability case arising from the worker's compensable work-related injury. Response filed on behalf of Radar.
Refuse 5-0

6.    Robert N. Sanney v. Karen D. Sanney, No. 981129. Former wife appeals the following aspects of the divorce decision: sale of marital home, award of rehabilitative alimony, child support, equitable distribution and attorneys' fees.
Grant 3-2
[Maynard, J., McCuskey, J.]

7.    In re: Petition of Robert Jeffries, No. 981132. Prospective adoptive parents appeal a circuit court's decision finding that the evidence did not support a finding of abandonment by the natural father. Response filed by the natural father
Grant 5-0

8.    Timothy I. Smith v. David L. Shamblin, No. 981133. Defendants appeal a jury verdict finding a 40-foot wide easement over the defendants' property by "private dedication" and the award of $2,500 to the plaintiffs for compensatory damages
Refuse 5-0

9.     State of West Virginia v. K. B., No. 981422. Juvenile defendant appeals a finding of delinquency based on a jury verdict on one count of possession of marijuana and one count of possession of crack cocaine with intent to distribute.
Refuse 5-0

10.    State of West Virginia v. Brett McClaskie, No. 981461. Defendant appeals the denial of his motion to withdraw his guilty plea to wanton endangerment and attempted aggravated robbery. The defendant was sentenced in accordance with his plea agreement.
Accept

11.    Diana Slider, et al. v. Paul Buck, et al., No. 981443. Insured appeals a summary judgment order finding the insured did not substantially prevail against their underinsured motors (UIM) carriers. Responses filed by both UIM carriers.
Refuse 4-1
[Starcher, J.]

12.    Trooper First Class D.G. Beckley v. Colonel T.L. Kirk, Superintendent, No. 981505. Trooper appeals the circuit court's decision affirming his discharge from employment.
Refuse 5-0

13.    Monique King v. Cato Corporation, No. 981061. Defendant appeals adverse verdict in a civil action alleging false arrest/imprisonment, defamation, emotional injury and violation of civil rights.
     Refuse 5-0

14.    Ruth Ann Fields v. Samuel H. Irwin, No. 981062. Plaintiff appeals entry of summary judgment for defendant.
Refuse 3-2
[Workman, J., Starcher, J.]        

15.    Thomas L. Adkins v. K-Mart Corporation, No. 981064. Plaintiff appeals entry of summary judgment in a personal injury action alleging negligence, breach of warranty and strict liability.
Grant 5-0

16.    W.V. DHHR v. Thomas Surock, No. 981048. Petitioner appeals Order establishing paternity.
Refuse 4-1
[McCuskey, J.]

17.    State of West Virginia v. Ricco J. Ballard, No. 981065. Defendant appeals sentence imposed for aiding and abetting armed robbery on the basis that it is excessive.
Accept    

18.    Landmark Corporation v. Apogee Coal Company, No. 981068. Defendant appeals from entry of summary judgment for plaintiff in a breach of contract action.
Accept    

19.    Columbia Gas Trans. v. Dewey & Sharo Lynch, No. 981069. Defendants appeal issuance of a permanent injunction and summary judgment for plaintiff, gas company, in a case involving pipeline right-of-ways.
Refuse 5-0

20.    Charles Krystynak v. Linda E. Austin, No. 981074. Plaintiff appeals jury verdict in an adverse possession action.
Refuse 5-0

21.    State of West Virginia v. Scott Lohrey, No. 981391. Petitioner appeals denial of Petition for Expungement of Criminal Records.
Refuse 5-0

22.    State of West Virginia v. Earnest Cecil Hale, No. 981418. Defendant appeals conviction for driving revoked for DUI-3rd offense.
Refuse 5-0

23.    State of West Virginia v. Carlis Mahon, No. 981392. Defendants appeal convictions of malicious wounding and battery.
Refuse 5-0

24.    State of West Virginia v. Andrew J. Horne, Jr., No. 980960. Defendant appeals conviction of armed robbery. He was sentenced to 5-18 years.
Refuse 5-0