Supreme Court of Appeals of West Virginia

      Argument Docket    

September 23, 1998

* 1.  State of West Virginia v. Zenie Junior Myers, III - 25004 - Defendant appeals the circuit court's refusal to let him withdraw his guilty plea to 1st degree murder and his sentence to life without mercy because the State allegedly violated the terms of his plea agreement and the court failed to make findings of fact.

* 2. Susan Shearer Supco v. Dan L. Shearer - 24995 - Father appeals an order finding his obligation for child support began 8/1/94, rather than 1/29/97 and refusing to consider the child support he voluntarily paid for another child.

3.  State of West Virginia v. Rodney Doman - 24793 - Defendant, convicted of 1st degree murder, without mercy, appeals conviction and resentencing order. Defendant and co-defendant beat the victim to death after a day spent drinking and fighting.

4. * Samuel N. Runner, et al. v. The Cadle Company - 24976 - Defendant appeals jury verdict and award of $12,555 in a civil suit arising from defendant's non-release of a lien against plaintiff's property.

5. Andrew Lakatos, et al. v. Estate of Frank Billotti, et al. - 25056 - Petitioners appeal denial of partition of real estate that had been held in joint tenancy.

6. In the Matter of: Zachary William R., et al. - 25012 - Guardian ad litem and former foster parents appeal the denial of motion to allow Jesse R. to visit with his former foster parents.

7. Marlin W. Fitzwater, et al. v. Jerry Harding, et al. - 25059 - Plaintiff appeals the grant of summary judgment for defendant in a persoanl injury action.

8. Roger L. Hefner v. Carolyn A. Hefner - 25014 - No summary available.

9. State of West Virginia v. James Brown, Sr. - 24671 - Defendant convicted of sexual abuse in the first degree and sexual assault in the first degree appeals his conviction.

B 10. Edward C. Arbogast v. Patricia L. Lake (formerly Arbogast) - 24431 - Child custody action by petitioner-mother stemming from an agreement between parties that custody would be determined by the stated preferance of the five year old child.  Court below granted custody to father based on child's stated preferance. 

11. SER Hanley C. Clark., Ins. Comm'r v. Blue Cross Blue Shield of West Virginia, Inc. et al. (Highmark, Inc., successor-in-interest to Pennsylvania Blue Shield) - 24625 - Highmark, the successor-in-interest to WPa Blue Shield (PBS) appeals certain asset and claim determinations relative to creditor payment priority in Blue Cross & Shield of WV's liquidation proceeding that were recommended by the referee and adopted by the Circuit Court.

SER Hanley C. Clark., Ins. Comm'r v. Blue Cross Blue Shield of West Virginia, Inc. et al. (Highmark, Inc., successor-in-interest to Pennsylvania Blue Shield) - 24626 - Highmark, the successor-in-interest to WPa Blue Shield (PBS) appeals an order rejecting or ignoring its objections to the Referee's determinations regarding its proof of loss claim arising from the liquidation of Blue Cross & Shield of WV. The referee's recommendations were adopted by the circuit court. Petitioner requests a hearing on these matters by the Circuit Court.

SER Hanley C. Clark., Ins. Comm'r v. Blue Cross Blue Shield of West Virginia, Inc. et al. (United State of America, et al.) - 24627 - The "federal claimants" of the US (VA, CHAMPUS, DOD, HCFA, OPM) appeal circuit court order adopting special Referee's Order and Recommendation which rejected the United States' objections to an earlier circuit court "Order of Liquidation and Injunction" assigning payment priorities arising from the liquidation of Blue Cross/Blue Shield of W. Va. (BCBSWV)

* These cases will be hard beginning at 11:00 a.m.

B This case is to be submitted on briefs with no argument.