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Requests for Oral Presentation
and
Petitions for Appeal

July 7, 1998

1.    Mary Ellen Corcoran v. Rick Earl Corcoran, No. 981178. Plaintiff appeals denial of attorney's fees and expenses arising out of a Petition for Appeal. Response filed.
Refuse 4-1
(Workman, J.)

2.    Jack Harris v. Drema Harris, No. 981179. Husband appeals Order awarding wife $700.00 per month in alimony for life or until remarriage.
Refuse 5-0

3.    Isabel J. Bryan v. Big Two Mile Gas Co., No. 981233. Defendant appeals jury verdict on liability with respect to an action seeking the termination of an oil and gas lease, accounting and damages. Response filed.
Refuse 3-2
(Maynard, J., McCuskey, J.)

4.    Roberta T. Roth v. Steven Connolly, No. 981234. Plaintiff appeals jury verdict for defendant in a personal injury action. Response filed.
Grant 5-0

5.    Anwar Eye Center v. Hon. Robert Wilson, No. 981235. Petitioner appeals denial of Writ of Prohibition raising "jurisdictional" issue regarding the Human Rights Commission. Response filed.
Refuse 5-0

6.    State of West Virginia v. Ardyce C. Bull, No. 981419. Defendant appeals conviction for multiple tax violations.
Refuse 5-0

7.    State of West Virginia v. Lawrence W. Adams, No. 981417. Defendant appeals sentence as excessive and disparate.
Refuse 5-0

8.    Delores Jones v. John L. Wolfe, No. 981393. Plaintiff appeals entry of summary judgment for defendant in a personal injury action. Response filed.
Grant 5-0

9.    State of West Virginia v. Dana Adam Cottrill, No. 981034. Defendant appeals his convictions by a jury of breaking and entering an automobile, grand larceny and conspiracy to commit grand larceny. The trial judge also held the defendant in contempt for failing to answer the judge's questions at sentencing. Defendant seeks a new trial, re-sentencing, termination of contempt imprisonment and credit for time served for contempt imprisonment.
Grant 5-0

10.    State of West Virginia v. John Stahlman, No. 981145. Defendant appeals his convictions by a jury of first degree murder and malicious wounding. The murder verdict was without mercy, and the defendant was sentenced to life without parole on the murder conviction and 2 to 10 on the malicious wounding, to be served consecutively.
     Accept

11.    State of West Virginia v. Daniel B. Zacks, No. 981150. Defendant appeals his convictions by a jury of one count of entering without breaking, two counts of larceny and one count of conspiracy. Both concurrent and consecutive sentences were given.
Grant 5-0         

12.    Vance H. Stewart v. WACO Scaffolding, No. 981157. Employer appeals a circuit court's decision finding the W.V. Wage Payment and Collection Act requires the payment of accrued sick days when an employee is laid off.
Accept

13.    Piney Garden Apt. v. Sherry Cline, No. 981171. Landlord appeals a jury verdict awarding its former tenant $50,000 ($25,000 compensatory and $25,000 punitive damages) on her counterclaim for certain tortious acts. Response filed.
Refuse 5-0     

14.    Timothy J. Smith v. Mark Hrutkay, No. 981172. Plaintiffs appeal a summary judgment order dismissing their legal malpractice claim for negligence in handling a workers' compensation matter. Response filed.
Refuse 4-1
(McCuskey, J.)

15.    Elizabeth B. Hutzler v. Easton Molding Corp., No. 981174. Employees appeal a circuit court's decision finding the W.V. Wage Payment and Collection Act does not require the payment of vacation when an employee is laid off. Response filed.
Accept

16.     Pamela N. Wooten v. John Raymond Wooten, No. 981507. Ex-wife appeals the award of rehabilitative alimony and the denial of her motion to modify the divorce order to include a distribution of the ex-husband's pension.
Grant 5-0

17.    State of West Virginia v. David Glenn Watson, No. 981506. Defendant appeals his convictions of delivery of a controlled substance and possession with intent to deliver a controlled substance.
Accept

18.    Joseph Richardson, et al. v. George Kennedy, M.D. et al., No. 981508 . Intervenor, W.V. Insurance Guaranty Association, appeals an order enforcing a settlement between the parties, which requires the Guaranty Association, a non-party to the settlement, to pay damages in the underlying medical malpractice action.
Grant 5-0