Link to original WordPerfect Document here

Requests for Oral Presentation
and
Petitions for Appeal

September 10, 1998

1.    Lawrence F. Kelley v. Ohio Valley Medical, No. 981763. Plaintiff appeals jury verdict for defendant in a medical/nursing malpractice claim resulting in death. Accept

2.    Dave Tucker, Sheriff v. Catherine Bellew, No. 981768. Sheriff appeals lower court's affirmance of an adverse decision of the Kanawha County Correctional Officer's Civil Service Commission with respect to the termination of correctional officers. Refuse 4-1 [Starcher, J.]

3.    Barry Killeen v. City of Wheeling, No. 981783. Employee appeals Order affirming decision of Municipal Civil Service Commission in upholding his involuntary termination. Refuse 5-0

4.    Gretchen O. Lewis v. H. Truman Chafin, No. 981784. Defendant, non-custodial father, appeals Order declining to change custody.

5.    Ohio Farmer's Insurance v. Hank Stehr et al., No. 981823. Injured party petitions for appeal from an Order granting summary judgment for the insurance company finding that there was no coverage for the injuries.Refuse 5-0

6.    Howard R. Conner v. Xplor Corp., No. 981825. Plaintiff appeals Order denying the Motion to Set Aside the Verdict and grant a new trial. Refuse 5-0
    

7.    Edward W. Smith v. Linger Trucking Co., No. 981824. Plaintiff appeals Order granting defendant's Motion for Remittitur. Refuse 4-1 [Starcher, J.]

8.    State of West Virginia v. George Henry Watts, No. 981829. Defendant appeals conviction and sentence for night time burglary (1 to 15 years), three counts of non- aggravated robbery (5 to 18 years each), aggravated robbery (50 years), sexual assault in the second degree (10 to 25 years), and three counts of sexual assault in the first degree (1 to 5 years each).
Accept
    
9.    Fairmont Specialty v. WVHRC/VOYLE, IRMA, No. 981932. Employer appeals decision of the Human Rights Commission reversing a decision by the ALJ and finding that it had unlawfully discriminated against the employee and awarding $3,277.45 as incidental damages for humiliation, embarrassment and emotional distress. Grant 3-2 [Starcher, J., Workman, J.]

10.    State of West Virginia v. Henry Franks, Jr., No. 981668. This case concerns the appeal of the petitioner from his Berkeley County convictions of transferring stolen property and concealing stolen property. Refuse 5-0

11.    State of West Virginia v. Stephen W. Hatfield, No. 981669. This appeal is derivative of State v. Hatfield, 186 W.V. 507, 413 S.E.2d 162 (1991), which directed the lower court to develop the record concerning the petitioner's guilty pleas. The petitioner now contends that it was error to uphold the guilty pleas upon remand. Accept [Maynard, J. Disqualified]

12.    Thomas E. Gardner v. William Duncil, Warden, No. 981677. In this appeal from the denial of post-conviction habeas corpus relief in Monongalia County, the petitioner contends that his underlying conviction of kidnapping (enticing a junior high school age girl into his car for sexual purposes) should be set aside because of constitutional error.
Refuse 4-0  [Starcher, J. Disqualified]
    
13.    William J. Harold v. Melissa F. Harold, No. 980732. In this Roane County case, the special family law master recommended that the petitioner, Melissa Faye Harold, be awarded custody of her two children. The circuit court, however, concluded that the petitioner was unfit to have custody.    Accept

14.    State of West Virginia v. Daniel Mishow, No. 981678. The petitioner, Daniel Mishow, appeals his Mineral County convictions of sexual assault in the second degree and abduction, claiming (1) that the State improperly adduced Rule 404(b) evidence at trial in the guise of impeachment and (2) that the conviction and punishment for abduction violated double jeopardy.
Refuse 4-1 [Davis, C.J.]

15.    State of West Virginia v. James T. Samples, No. 981688. The petitioner received a life sentence without mercy for felony murder based upon aggravated robbery and burglary. The victim was killed in her apartment in North Charleston, West Virginia. The appellant lists six assignments of error. Accept

16.    William F. Poling v. Bellington Bank, Inc., No. 981691. This appeal arises from a declaratory judgment action filed in the Circuit Court of Barbour County to clarify the ownership of $180,000. worth of stock in Belington Bank, Inc. The circuit court dismissed the complaint of the petitioners, William F. Poling and Candace L. Jacques, and denied the petitioners' motion to amend their complaint. Grant 5-0

17.    Clinton Henry v. McDowell Co. Board of Education, No. 981732. The petitioner, Clinton Henry, appeals to this Court with regard to a salary inequity claim. His grievance concerning the claim was denied at Level IV, and the denial was affirmed by the Circuit Court of McDowell County. Refuse 5-0

18.    John Bartley et al. v. Westerfield Insurance, No. 981733. This is an appeal from a summary judgment denying insurance coverage for property damage allegedly caused by blasting, where the insurance company submitted the opinion of an engineering expert, and the petitioners submitted the affidavit of one of the owners of the property. Grant 4-1
[McCuskey, J.]