Supreme Court of Appeals of West Virginia

      Argument Docket    

September 15, 1998

1.  State ex rel. Hanley C. Clark, Commissioner v. Blue Cross Blue Shield of West Virginia, Inc. - 24625 -                Continued to September 23, 1998.
   State ex rel. Hanley C. Clark, Commissioner v. Blue Cross Blue Shield of West Virginia, Inc. - 24626 -                Continued to September 23, 1998.
   State ex rel. Hanley C. Clark, Commissioner v. Blue Cross Blue Shield of West Virginia, Inc. - 24627 -                Continued to September 23, 1998.

2. State of West Virginia v. Lawrence Duncan & Duncan Welding, Inc. - 24485 - The state appeals order dismissing indictment against two defendants on the grounds that the crimes alleged did not apply to the named victims. The defendants were indicted for violating W. Va. Code 5A-3-30(obtaining money and property from the State under false pretenses) and 61-3-24 (obtaining money, property and services by false pretenses) in regard to subcontracts for the construction of Mount Olive Correctional Center. The victims were the State and Mount Olive Correctional Center Contractor, Carlton, Inc.

3. State of West Virginia v. Michael  Daniel Salmons - 24967  - Defendant appeals his convictions for kidnapping and aggravated robbery. The defendant was sentenced to life with mercy on the kidnapping charge and to a 30-year concurrent term on the aggravated robbery charge.

4. State of West Virginia v. Gregory Dale Boggess - 24979 - Defendant appeals conviction of first degree murder.  He was sentenced to life with mercy.

* 5. Darrell V. McGraw, Jr., Attorney General, ex rel.  et al. v. The American Tobacco Company, et al. - 24900 - Petitioners appeal the dismissal of certain counts of their complaint, namely counts one through eight and eleven through thirteen, under Rule 54(b) of WVRCP. The circuit court found that neither PEIA nor DHHR had implied or express statutory authority to maintain the causes of action contained in the dismissed counts.

6. Bobby Z. Jeffrey v. WV Dept. of Public Safety, Division of Corrections, et al. - 25052  - Plaintiff appeals dismissal of a wrongful death action against Corrections for negligence in failing to control dangerous inmates who escaped and murdered plaintiff's decedent
    Hoover Miller, Administrator v. State of West Virginia, Division of Correction, et al. - 25173 - Miller appeals the second dismissal of his case against the Division of Corrections.  In dismissing the case on remand, the lower court found that there was no insurance to cover the matter.  Miller's son was murdered by two inmates who escaped.

7. E. H. et al., v. Khan Martin, et al. - 25001 - West Virginia Department of Health and Human Resources appeals an order requiring it to implement a plan to reimburse community residential settings for mental patients.   West Virginia Department of Health and Human Resources argues that it cannot reimburse the facilities without an appropriation from the Legislature.

8. University of West Virginia Board of Trustees v. David F. Graf - 24972 - Petitioner appeals the award of attorney's fees and costs to the defendant. 

9. State of West Virginia v. Helen Morris, aka Helen King - 24714 - Defendant appeals her conviction of third-offense shoplifting.

10. State of West Virginia v. Robert Vaughn Evans - 25000 - Defendant appeals his recidivist life sentence.

11. State ex rel. Charles John Yeager v. George Trent, Warden - 25011  - Petitioner appeals the denial of his petition for habeas corpus. Petitioner, who was convicted of first degree murder, without recommendation of mercy, alleges that the circuit court erred in disregarding the parties' agreement to set aside the conviction and grant a new trial because of the State's failure to disclose the existence of an agreement between the State and a critical witness.

* This case will be heard at 11:00 a.m.