Supreme Court of Appeals of West Virginia

      Argument Docket    

September 8, 1998

1.  State ex rel. Robert Frazier, et al. v. Hon. John S. Hrko, Judge, et al. - 25136 - Robert Frazier seeks an emergency writ of prohibition to prevent enforcement of the court's order which denied Frazier's motion for summary judgment and held that the jury would determine whether the defendants in the underlying civil suit were in good standing with Workers' Compensation.  The lower court also ruled that the defense was allowed to present common law affirmative defenses at trial.

2.State ex rel. Dept. of Military Affairs & Public Safety, et al. v. Hon. Irene Berger, Judge - 25140 - The petition seeks to prohibit orders requiring the petitioner to transport preadjudicated juveniles to and from the circuit court.  The petition maintains that because the juveniles are in the custody of the Court, the sheriff has transportation responsibilities.

3. State ex rel. ACF Industries, Inc., et al v. William F. Vieweg, Commissioner - 25142 - The petition seeks an order requiring the Workers' Compensation Division to apply the statute as amended by S. B. 250 and to prohibit application of the Kanawha County Circuit Court's opinion in Ferrell, to the claims set forth in the petition and all similarly situated claims.

4. State ex rel. Jess W. White v. Hon. Mark Karl, Judge - 25154 - Petitioner seeks a writ of Mandamus to compel Judge Karl of Marshall County to take action on his Writ of Habeas Corpus which was filed on August 26, 1994.

5. State ex rel. Samuel Anesty v. William K. Davis, Commissioner, et al. - 25155 - Petitioner seeks a temporary restraining order requiring the prison officials to refrain from taking his personal computer.
    State ex rel. Gary W. Sheppard, et al. v. William K. Davis, Commissioner, et al - 25156 - Petitioner seeks a temporary restraining order requiring the prison officials to refrain from taking his personal computer.
    State ex rel. Larry E. James v. William K. Davis, Commissioner, et al. - 25157 - Petitioner seeks a writ of mandamus directing Warden George Trent to show cause as to why his is not upholding Title 95CSR2 by securely storing petitioners personal property at Mt. Olive Correctional Facility.
    Charles Plantz v. George Trent, Warden - 25158 - No summary available.

6. State ex rel. Ricky Douglas Brown v. Hon. Robert A. Irons, Judge - 25159 - Dismissed June 10, 1998.

7. State ex rel. Rhonda J. Wallington v. Hon. Kendrick King, Judge, et al. - 25177 - Dismissed as Moot, August 24, 1998.

8. State ex rel. Dan D. Fitzgerald v. Hon Danny O. Cline, Judge - 25180 - Petitioner seeks a writ of mandamus to compel Judge Cline to rule on his Motion to Reduce Sentencing.