Link to original WordPerfect Document here

Requests for Oral Presentation
and
Petitions for Appeal

September 24, 1998

1.    State of W.V. v. Mark Dorsey, No. 981998. Defendant appeals convictions of driving under the influence of alcohol; 3rd offense and operating a motor vehicle while suspended. He was sentenced to 1 to 3 years.
Deferred

2.    Ramanathan Sampath v. Valley Forge Ins. Co., No. 982034. Defendant insurance carrier appeals Order finding that it has a duty to defend claims.
Refuse 5-0

3.    Mark R. Coots v. White Chrysler Plymouth Dodge, Inc., No. 982002. The defendant appeals a jury verdict in a common law fraud and unfair or deceptive trade practices action. The jury entered a verdict of compensatory damages in the amount of $20,202.67 and punitive damages in the amount of $20,000.00. The court awarded pre-judgment interest in the amount of $3,713.89 and attorney's fees and costs of $23,033.23.
Refuse 5-0

4.    State of W.V. v. Frank C. Anderson, No. 982004. Defendant appeals conviction for sexual assault in the first degree. Sentenced to 10 to 20. The lower court refused to address the defendant's post-trial motions due to his escape.
Accept

5.    W.V. DHHR v. Thomas Conley, No. 982020. Defendant appeals lower court order awarding a decretal judgment in the amount of $1,764.32 for principal child support arrearages and interest in the amount of $13,094.08.
Refuse 5-0

6.    Majorie Minear v. Fred VanKirk, No. 982005. This is an appeal from the granting by the circuit court of a motion to enforce a settlement. The petitioner, Marjorie Minear, contends that the settlement was contingent upon her ability to pursue a personal injury claim in the Court of Claims. The circuit court enforced the settlement, however, even though the petitioner's claim before the Court of Claims was dismissed.
Accept

7.    City of Wheeling v. Beth Freshwater, No. 982006. The petitioner, the City of Wheeling, challenges a final order of the Circuit Court of Ohio County which affirmed a police civil service ruling reinstating a probationary police officer. The ruling of the civil service commission was made without a prior evidentiary hearing because the commission found that the City's letter discharging the officer was inadequate.
Refuse 3-2
[Workman, J., McCuskey, J.]

8.    W.V. Div. of Public v. WVHRC/Sharen Deitz, No. 982011. The petitioner, the State Police, appeals from a decision of the Human Rights Commission that unlawful gender discrimination played a substantial role in the selection of the Director of the Criminal Records Section.
Refuse 4-0
[Workman Disqualified]

9.    Weirton Health Care v. County Commission of, No. 982012. The State Tax Commissioner appeals a ruling of the Circuit Court of Hancock County that certain property of Weirton Health Care, Inc., is exempt from ad valorem property taxation because it is operated for charitable purposes.
Refuse 5-0

10.    Joseph Orlandi v. Charles Miller, No. 982018. The petitioners, Joseph Orlandi, et al., appeal from a ruling of the Circuit Court of Kanawha County that the easement they ostensibly acquired in 1977 was extinguished by a prior conveyance.
Refuse 5-0