Link to original WordPerfect Document here


Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Thursday, September 10, 1998

1. George M. Torres
No. 982338
Refuse 4-1
[Davis, C.J.]
Petition for a Writ of Prohibition in State ex rel. John Doe One v. The Honorable Jeffrey B. Reed, No. 982338. Seeks to prohibit the release of the name of a juvenile to the civil litigants in a wrongful death case.
2. Jon R. Blevins
No. 24967
Grant 5-0
Motion to Substitute Counsel in State of West Virginia v. Michael Salmons, No. 24967. Scheduled for submission September 15, 1998.
3. W. Stuart Calwell, Jr.
No. 25142
Grant 5-0
Motion to File Amicus Curiae Supplemental Memorandum of Law in State ex rel. ACF Industries, Inc. v. William F. Vieweg, Comm'r., No. 25142. Submitted September 8, 1998.
4. Henry C. Bowen
No. 25142
Grant 5-0
Motion for Leave to File Brief as Amicus Curiae on Behalf of the West Virginia Self-Insurers Assoc. in State ex rel. ACF Industries, Inc. v. William F. Vieweg, Comm'r., No. 25142. Submitted September 8, 1998.
5. W. Mark Burnette
No. 982047
Refuse 5-0
State's Reply and Motion for Reconsideration in State of West Virginia v. The Honorable James J. Rowe, No. 982047. The petition seeking to prohibit the enforcement of an Order dismissing a misdemeanor information concerning two misdemeanor offenses (DUI and Possession) based on the one year statute of limitation provided for in W.Va. Code § 61-11-9 was refused 5-0 on September 2, 1998.
6. Patrick N. Wilson
Refuse 3-2
[Starcher, J., Maynard, J.]
Defendant's Summary Petition for Post Conviction Bail in State v. Thomas Snodgrass. Snodgrass was convicted of child abuse creating risk of injury, destruction of property and fleeing from an officer all arising out of a rock throwing incident in connection with a custody/visitation dispute. He was on bail through his trial. Snodgrass will be sentenced following completion of a pre-sentence investigation on October 19, 1998 and is a candidate of probation. The State objects and expects that the pre- sentence report will not be favorable to Snodgrass. The State indicates that it will vehemently oppose probation.
7. John E. Basilone
Grant 5-0
Motion for an Extension of Time for Plaintiff to File Petition for Appeal in Lester Kent Finley v. Norfolk & Western Railway Co. Transcript is not fully prepared. Counsel has received a partial transcript (4 days of 5). Counsel properly ordered and paid for transcript in March 1998. Efforts by counsel to contact court reporter, Tamara Long, have been unsuccessful.
8. Natalie J. Sol
No. 25160
Refuse 5-0
Motion to Strike Reply Brief of the Guardian Ad Litem In Opposition to the Petition for Appeal on Behalf of Foster Parents Keith S. and Kathleen S. in In the Matter of Harley C., No. 25160. Seeks to strike Reply Brief of Guardian Ad Litem as untimely.
9. Barbara Allen
No. 24939
Grant 5-0
Motion for Enlargement of Time Frame for filing of Petition for Rehearing in Evelyn Mae Ross v. W.C.D. & Owens-Illinois, Inc., No. 24939.