Converted WP file 9-2m

Link to original WordPerfect Document here

Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Wednesday, September 2, 1998

1a.	Paul R. Robinson No. 981999 Refuse 5-0	Petition for Writ of Prohibition in SER U.S. Financial Life Insurance Company v. Recht, et al., No. 981999. Petitioner seeks to prohibit further proceedings alleging the circuit court of Brooke County lacked venue because no defendant can be found in Brooke County.
1b.	Anthony I. Werner No. 981999 Refuse As Moot 5-0	Application of Business Intelligence, Inc. for Intervention in SER U.S. Financial Life Insurance Co. v. Recht, et al., No. 981999. Asserts that it is aggrieved by the same decision of the trial court on the issue of venue.
2.	Howard G. Salisbury, Jr. No. 981910 Grant 5-0	Motion to Strike Attachments to Petition for Appeal in Pinter v. W.C.D./U.S. Steel Mining Co., No. 981910, filed 6/26/98. Motion asserts that Petition for Appeal Attachments 1 and 5 were not submitted below.
3.	Danny Lee Worley Pro se Grant 5-0	Motion to File Appeal Out of Time in SER Worley v. Trent. The circuit court denied the habeas corpus petition on 12/3/96. Mr. Worley states that the delay was caused by the seizure of the computer of the inmate legal clerk who was assisting him.
4.	W. Mark Burnette Pro se No. 982047 Refuse 5-0	Petition for Writ of Prohibition in SER Burnette v. Rowe, et al., No. 982047. The petition seeks to prohibit the enforcement of an order dismissing a misdemeanor information concerning two misdemeanor offenses (DUI and Possession) based on the one-year statute of limitation of WVCode 61-11-9.
5.	Hoyt Glazer No.25112 Refuse 5-0	Motion to Extend Appendix in Corbin, LTD v. W.C.D./Atkins, No. 25112, to be submitted 9/11/98. The motion seeks to include two depositions taken at the employer's request but not submitted into evidence by either party. Objection filed.
6.	James Cagle No. 982152 Refuse 5-0	Petition for a Writ of Prohibition in State ex rel. R&G Construction Co. v. The Honorable Gary Johnson, No. 982152. Seek to prohibit trial on statute of limitations grounds.
7.	Tom Price No. 980646 Grant 5-0	Defendants' Motion for Leave to File Supplemental Appeal in Lucille Robertson v. Opequon Motors, Inc., No. 980646. Seek to include April 27, 1998 opinion of the Fourth Circuit that was unavailable at the time the Petition was filed. Plaintiff's object. Scheduled for presentation on the Motion Docket September 8, 1998.
8.	George W. Johnson, III No. 982265 Refuse 5-0	Plaintiff's Motion to Supplement Record With Documents From Related Cases in Jo Ann Crim v. Gilbert Wilkes, III, No. 982265.
9.	Joyce E. McConnell No. 25168 Grant 5-0 (30 days for State to respond)	Motion of the West Virginia Coalition Against Domestic Violence and the West Virginia Chapter of the National Organization for Women to file a Brief Amicus Curiae Out of Time in State of West Virginia v. Penny Gail Miller, No. 25168. Seeks to file brief on September 30, 1998 so that students at the WVU College of Law may have the opportunity to work on the brief. Scheduled for submission on November 12, 1998. State responded.
10a.	Brent Kesner No. 982179 Refuse 5-0	Petition for Writ of Prohibition in State ex rel. James D. Jordan v. The Honorable Arturn M. Recht, No. 982179. Seek to prohibit the enforcement of a pre-trial discovery Order.
10b.	Brent Kesner No. 982179 Refuse 5-0	Petitioners' Motion to Supplement Appendix to Petition for Writ of Prohibition in State ex rel. James Jordan v. The Honorable Arthur M. Recht, No. 982179. Petitioners seek to add a copy of the transcript of a hearing.
11.	Kimberly S. Croyle No. 24637 Grant 5-0	Motion for Leave to File Amicus Curiae Brief on Behalf of the West Virginia Support Enforcement Commission in Support of Petition for Rehearing in Layne v. W. Va. Dept. of Health and Human Resources, No. 24637.
12.	Wayne Patterson Pro se No. 982168 Grant 5-0	Petition for a Writ of Mandamus in State ex rel. Wayne Patterson v. The Honorable Herman G. Canady, Jr., No. 982168. Seeks to have lower court rule on a number of pending motions.
13.	Susan L. Riffle No. 982068 Refuse 5-0	Defendants Summary Petition for Post Conviction Bail in State v. Christopher Freeman, No. 982068. Freeman was convicted of battery. The victim was stabbed seven times in the neck, back and abdomen. Freeman is self- employed, was successfully on bail for six months after his arrest and is a potential candidate for probation. The State objects on the basis that the offense was committed with a deadly weapon, a knife.
14.	Raymond Junior Hawkins Pro se Refuse On Merits 4-1 [Starcher, J.]	Motion for Leave to File Petition in State ex rel. Raymond Junior Hawkins v. Howard Painter, Acting Warden.
15.	Edwin H. Pancake No. 973058 Grant 5-0	Motion for Leave to File Corrected Petition For Appeal in Charles Westmoreland v. W.C.D. & Ravenswood Aluminum Corp., No. 973058. Employer objects.
16.	Bradley A. Crouser No. 24707 Refuse 5-0	Motion for Clarification of Order in Georgia-Pacific Corp. v. W.C.D. and Teddy Kyer, No. 24707. Seeks clarification of Order of July 16, 1998. (May more properly be treated as a Petition for Rehearing).
17.	Charles Houdyschell, Jr. No. 982194 Refuse 5-0	Petition for Writ of Prohibition in State ex rel. William K. Davis, Comm'r v. The Honorable John T. Madden, No. 982194. Seeks to prohibit enforcement of Order directing Commissioner of Corrections to receive a particular inmate from the Northern Regional Jail.
18.	Norman T. Daniels, Jr. Refuse As Timely Filed 5-0	Motion for Extension of Time Within Which to File a Petition for Appeal in Sherrill G. Rankin v. Joyce Pullin, No. 982074. Raises Rule 54(b) issues as to final order. Defendant objects.
19.	Frank C. Anderson Pro se No. 982213 Refuse 5-0	Motion for Temporary Restraining Order in State v. Frank C. Anderson, No. 982213. Petitioner feels there is a possibility he could be sent to the main population at Mt. Olive or to Huttonsville thereby placing him in danger. Seeks to prevent transfer to any facility other than the Northern Regional Jail.
20.	George Carper Pro se No. 25184 Grant 5-0	Petitioner's Motion for Leave to File a Reply in George Carper v. W. Va. Parole Board, No. 25184 scheduled for submission on October 6, 1998.
21a.	F. James Foley No. 24627 Grant 5-0	Motion for Pro Hac Vice Admission on behalf of F. James Foley Counsel for National Organization of Life and Health Insurance Guaranty Associations and National Conference of Insurance Guaranty Funds.
21b.	F. James Foley No. 24627 Grant 5-0	Motion of National Organization of Life and Health Insurance Guaranty Associations and the National Conference of Insurance Guaranty Funds For Leave to File an Amicus Curiae Brief in State ex rel. Hanley C. Clark v. Blue Cross Blue Shield of W. Va., Inc., No. 24627.
22a.	Michael E. Surguine No. 24627 Grant 5-0	Verified Statement of Application for Pro Hac Vice Admission of Michael E. Surguine Counsel for the National Association of Insurance Commissioners.
22b.	Michael E. Surguine No. 24627 Grant 5-0	Motion of the National Association of Insurance Commissioners for Leave to File an Amicus Curiae Brief in State ex rel. Hanley C. Clark v. Blue Cross Blue Shield of W. Va., Inc., No. 24627.
23.	M. Jane Glauser No. 972606 Grant 5-0	Petitioner's Motion for Substitution of Party in Joseph Wood v. W.C.D. and McElroy Coal Co., No. 972606. Dependent widow. Wood died August 3, 1998.
24.	Franklin D. Cleckley No. 982069 Refuse 4-1 [Starcher, J.]	Summary Petition for Post-Conviction Bail Pending Appeal in State v. Daniel B. Zacks, No. 982069. Zacks was convicted of entering without breaking, grand larceny and conspiracy. He has been incarcerated since June 27, 1997. The Court granted Zack's petition for appeal July 7, 1998. It is argued that the petition has merit, he is not likely to flee and is not a danger to the community. The State objects and notes that Zacks is a danger based upon his attempt while incarcerated to hire an individual to assault a co-defendant who pled guilty. The State also notes Zacks' previous request to move to Israel and states that contacts outside the United States make him a possible flight risk. Zacks denies and opposes the facts in the State's response. Scheduled for submission on November 12, 1998.
25.	Steven L. Thomas No. 24626 Grant 5-0	Motion of the West Virginia State Medical Association to Supplement the Record in State ex rel. Hanley Clark v. Blue Cross Blue Shield of W. Va., Inc., No. 24626.
26.	Ernest Douglas No. 25210 Refuse 5-0	Motion to Enter Order compelling the Department of Health and Human Services to permit the respondent mother supervised visitation in In the Matter of Beth Ann B.,et al, No. 25210. Appellee brief due September 12, 1998. Scheduled for submission November 10, 1998.
27a.	Michael Clifford Nos. 24638 and 24639 Refuse 5-0	Petitioner's Motion to File Addendum to Petition for Rehearing and Motion that the Court direct the Commission on Judicial Investigations to make an inquiry in Sharon B.W. v. George B.W., Nos. 24638 and 24639.
27b.	Michael Clifford Nos. 24638 and 24639 Refuse 5-0	Petitioner's Motion to File Second Addendum to Petition for Rehearing in Sharon B.W. v. George B.W., Nos. 24638 and 24639.
28.	R. Russell Alexander No. 25112 Refuse 5-0	Motion to Dismiss Corbin, Ltd. v. W.C.D. and Mary Helen Adkins, No. 25112 as moot in light of decisions in W.C.D. v. Mary H. Adkins, No. 24573 entered on July 10, 1998.
29.	Randall C. Levine No. 982223 Refuse 5-0	Summary Petition for Bail in State v. John Ray Marple, No. 982223. Marple was arrested in June 1998 on a charge of murder. Marple operates a family farm and timber business. Death arose out of a family violence situation. Marple has community support and no prior criminal record other than a misdemeanor. The State opposes bail due to the extremely violent behavior of Marple.
30.	James W. Withrow No. 981710 Refuse As Premature 5-0	Motion of the West Virginia Municipal League, Inc. for Leave to File Amicus Curiae Brief in support of the City of South Charleston in City of South Charleston v. Public Service Comm'r, No. 981710. No brief was submitted. The matter is scheduled for the Motion Docket on September 9, 1998.
31.	Darrell L. Guthrie Pro se No. 25183 Grant 5-0	Petitioner's Motion to Supplement Writ of Mandamus in State ex rel. Darrell Guthrie v. The Honorable Lee E. Schlaegel, No. 25183. Scheduled for submission on November 10, 1998.
32.	Okey Dean Davis Pro se Refuse 5-0	Motion/Petition for Work Release in Okey Davis v. William K. Davis, Comm'r.. Davis seeks to be placed in a work release program.
33.	Charles F. Johns No. 24678 Grant 5-0 (Workman, J. disqualified Reed, J. by Temporary Assignment)	Motion for Leave to File Appellees' Response to Petition for Rehearing in Nancy Stephens v. Kenneth Jarrett, et al., No. 24678.