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Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Thursday, September 24, 1998                 

1. Hillary C. Thorne, Jr.,
pro se
No. 982500
Grant 4-1
[Maynard, J.]
 Petition for Habeas Corpus relief arising from Thabit v. Thorne, 98-CAP-34 (Cabell County), wherein Judge Cummings ruled that Thorne was to be evicted from rental property. Thorne was summarily held in contempt and placed in jail for 25 days for continuing to refer to tape recordings. Thorne went to jail on September 2, 1998, and claims habeas entitlement. However, by order of September 18, 1998, Thorne was released "pending any action" by this Court.
2. Kenny Drew Sayre,
pro se
No. 981521
Deferred 		Pro se Motion for Oral Argument before this Court in Sayre v. Painter, habeas corpus No. 981521. Sayre claims his Harrison County indictment for burglary and kidnapping is unconstitutional.
3. W.F. Richmond, Jr.
Nos. 25220 and 25221
Grant 5-0 		Motion of Vecellio & Grogan, Inc., to consolidate Brenda C. Miller v. WCC/Vecellio & Grogan, Inc., No. 25220 and Brenda Miller v. WCC/Vecellio & Grogan, Inc., No. 25221, both scheduled for submission October 16, 1998. Movant states that the issues and the evidence are the same in both appeals. Counsel for Brenda Miller was served with the motion.
4. Daniel R. James
No. 25057
Refuse 4-1
[Starcher, J.] 		Renewal of Summary Petition for Post-Conviction Bail in State v. George Allen Easton; case submitted for decision September 9, 1998. [On State's objection, prior bail request refused 4-1, Starcher, J., on 5/20/98.] Petitioner claims likelihood of success on appeal, and at the Eastern Regional Jail has, at times, been sleeping on the floor due to overcrowding. The State objects to bail.
5. Daniel R. James
No. 25058
Refuse 4-1
[Starcher, J.] 		Renewal of Summary Petition for Post-Conviction Bail in State v. Kevin True; case submitted for decision September 9, 1998. [On State's objection, prior bail request refused 4-1, Starcher, J., on 5/20/98.] Petitioner claims likelihood of success on appeal, and at the Eastern Regional Jail has, at times, been sleeping on the floor due to overcrowding. The State objects to bail.
6. Dawn E. Warfield,
Deputy Attorney General
No. 25190
Grant 3-2
[Davis, C.J., Starcher, J.] 		Motion for Modification on Behalf of Judge Merrifield in State ex rel. Steven Michael M. v. Merrifield, Judge; DHHR; and the New Hope Treatment Center, No. 25190 (petition granted 7/1/98; case submitted 10/6/98). Judge Merrifield asks this Court to allow the placement of Steven at the Alternative Learning Center in Fairmont or in home schooling, pending this proceeding. This motion was served upon counsel for Steven Michael M.
7. William M. Jones,
pro se
No. 981766
Refuse 5-0 		Pro se petition for mandamus relief in William M. Jones v. Lynn Nelson, Donald C. Hott and William DeHaven, 90-C-1 because they are allegedly taking funds from that action "to force payment of court costs" in two criminal cases.
8. S. L. Evans,
Assistant Attorney General
No. 25219
Grant 5-0 		Motion of Appellee, Division of Workers' Compensation, to stay proceedings in Jerry W. Jackson v. WCC/Chemical Leaman Tank Lines, No. 25219 (granted 7/16/98; scheduled to be submitted 10/16/98), pending the outcome of a vocational plan. The Division states that Jackson joins in this motion and that the case is not ready for a PTD ruling.
9. Thomas J. Gillooly
No. 24979
Refuse 5-0 		Motion of Appellant for Leave to Supplement Oral Argument in State v. Gregory Dale Boggess, No. 24979 (granted 2/25/98; argued 9/15/98, in response to a question from this Court concerning the victim's character for violence. The State was served with this Motion.
10. Anthony I. Werner
Lea W. Ridenhour
No. 982530
Grant 3-2
[Davis, C.J., Starcher, J.] 		State Auto Insurance Company v. The Hon. Fred Risovich, wherein State Auto Insurance Company seeks a writ of prohibition with regard to an order entered by the Circuit Court of Ohio County in the underlying action on September 4, 1998, denying State Auto's Motion for Partial Summary Judgment.