Supreme Court of Appeals of West Virginia

 Gavel3.gif (863 bytes)     Motion Docket     Gavel.gif (863 bytes)

September 9, 1998

1.  State of West Virginia v. Brett McClaskie - 981461 - Defendant appeals the denial of his motion to withdraw his guilty plea to wanton endangerment and attempted aggravated robbery.  The defendant was sentenced in accordance with his plea agreement. Refused 3-2, Davis & Starcher

2. State of West Virginia v. Kenneth Manns - 980643 - Defendant appeals his convictions by a jury of first degree murder and first degree sexual assault.   The defendant was sentenced to life without mercy (murder) and 15 to 35 years (sexual assault) with the sentence to run concurrently.  Refused 3-2, Starcher & McCuskey

3. Julia L. Westfall v. City of Dunbar, Dunbar Sanitary Board, and Roxalana Hills Association, Limited Partnership - 980837 - Plaintiff appeals from entry of summary judgment for defendant in a personal injury action.
Granted 5-0

4. State ex rel. Joseph Nazelrod v. Nicholas Hun, Commissioner - 981015 - Petitioner appeals the denial relief in his omnibus habeas petition.  Petitioner was convicted of first degree murder with recommendation of mercy. Further Review

5.City of South Charleston v. PSC of West Virginia - 981710 - City appeals PSC order requiring the City to provide billing, collecting and maintenance services to a public service district and which changed the tariff rates for city residential, commercial and industrial customers. Granted 3-2, Maynard & McCuskey

6. State of West Virginia v. Ricco J. Ballard - 981065 - Defendant appeals sentence imposed for aiding and abetting armed robbery on the basis that it is excessive. Refused 3-2, Davis & Starcher

7. Thomas L. Hardy, Jr. v. Jean M. Singleton - 981362 - Plaintiff appeals the denial of post judgment motions after an adverse jury verdict in a motor vehicle accident case.  The jury found 50% contributory negligence on the part of the plaintiff. Further Review

8. Kinsey Martin Howell v. Appalachian Energy, Inc., Westar Energy, Inc., and Pentex Energy, Inc., AND Charles E. and Julie J. Tomes v. Doran & Associates, Inc., Westar Energy, Inc., and Pentex Energy, Inc. - 981313 - Companies/lessees appeal the circuit court's order finding that certain oil and gas leases were abandoned. Granted 5-0