2.   Kevin France, Sue France and Patrick Ryan France v. Cheri Heflin - 073512 - Defendant below, Cheri Heflin, appeals the circuit court’s order denying her Motion for Relief from a July 13, 2007 Order. In that July 2007 Order, as a discovery sanction, the court granted plaintiffs a judgment of default on the issue of liability. - Refuse 3 - 1,  Starcher,  Albright not participating.

3.  Sarah L. Holland, et al. v. J. Craig Holland and Peter Holland - 073232 - The petitioner, J. Craig Holland, seeks reversal of the Greenbrier County Circuit Court's decision to order a partition sale of the Holland family property on Kate's Mountain. On appeal, petitioner asserts that the court's order does not divide the land in an equitable fashion, and does not provide each party with value consistent with his or her undivided share of the property. - Refuse 3 - 2,  Starcher & Albright.

4.  Sarah L. Holland, et al. v. J. Craig Holland and Peter Holland - 073233 - The petitioner, Peter Holland, seeks reversal of the Greenbrier County Circuit Court's decision concerning an partition sale of the Holland family property on Kate's Mountain. Petitioner requests this Court to reverse the lower court and order a partition sale of the property in question. - Refuse 3 - 2,  Starcher & Albright.

5.  Timberline Four Seasons, et al. v. Pat J. Herlan, et al. - 080095 - Petitioners Timberline Four Seasons Resort Management Co., Inc. and Long Run Realty, Inc. appeal the circuit court's order denying their Petition for Injunctive Relief. At issue is whether Respondent Pat J. Herlan, a real estate broker who ran a realty office that managed vacation rental properties, was an agent of the resort. - Grant 3 - 2,  Maynard & Davis.

6.  Lucas Plagge and Frank Smith v. Joseph Cicchirillo, Comm’r., Dept. of Motor Vehicles - 073753 - The Circuit Court of Raleigh County certifies the following question:

Did the DMV satisfy the burden of proving that Petitioners operated a motor vehicle while under the influence of alcohol in violation of W.Va. Code § 17C-5A-2 when the Respondent's evidence consisted of the DUI Information Sheet and the arresting officer's testimony identifying the DUI Information Sheet at the administrative hearing? Circuit Court's Answer: Yes. - Refuse 3 - 2,  Starcher & Albright.

7.  Jeanette Gallagher v. Secretary of WV DHHR - 080029 - The DHHR appeals the Circuit Court of Kanawha County's order granting a writ of certiorari and reversing a decision of the DHHR Board of Review. The court found that Jeanette Gallagher meets the eligibility requirements for benefits under the State's Medicaid Mentally Retarded/Developmentally Disabled (MR/DD) Waiver Program. The DHHR argues inter alia that the court applied the incorrect legal standard for eligibility, erroneously substituted its own factual findings for those of the hearing examiner, and that the evidence does not support a finding of eligibility. -Refuse 4 - 1,  Maynard.

8.  Jennifer Boniey v. Brian Kuchinski State Farm Mutual Automobile Ins. Co. - 080180 - This claim for uninsured motorist benefits arise from an all-terrain vehicle accident. The ATV was uninsured and the Respondent sought UM coverage from two auto policies by State Farm Mutual Automobile Insurance Company. The policies contained exclusions for ATVs from the definition of uninsured motor vehicle when the ATV is operated off-road. The Circuit Court of Brooke County found the policy language to be clear and unambiguous but found the exclusion violated the spirit of West Virginia Code §33-6-31. On appeal, State Farm contends that the UM statute is inapplicable to the facts of the present case. - Grant 5 - 0.

9.   State v. Gary Wayne Kent - 073808 - Gary Wayne Kent appeals his 2007 conviction for felony murder with a recommendation of mercy. He asserts double jeopardy, that the prosecutor repeatedly asked improper comparative questions, erroneous admission of prior testimony given by a now unavailable witness, and that scientific opinions about marks on shell casings and gunshot residue should have been excluded under Daubert and its progeny. - Grant 3 - 2,  Maynard & Davis.

10.  Builders’ Service and Supply Co. v. Christal M. Dempsey, et al. - 073926 - Defendant appeals from the circuit court's order denying her motion to reinstate and denying her motion to reconsider the order denying her motion to reinstate. Defendant contends that the circuit court erred because there was good cause established for the period of inactivity warranting the reinstatement of the action. - Grant 3 - 2,  Maynard & Davis.

11.  SER Dana December Smith v. Thomas McBride, Warden - 080292 - Petitioner appeals from the circuit court's order denying his petition for a writ of habeas corpus. Petitioner asserts that he is entitled to a new trial based upon newly discovered evidence. - Grant 3 - 2,  Maynard & Davis.

12.  Freda Marlene Ratliff, Executrix v. Norfolk Southern Railway Co. - 080310 - The Petitioner, Freda Ratliff as Executrix of the Estate of Sparrel Ratliff, brought a wrongful death action for damages on behalf of her deceased spouse under the Federal Employer's Liability Act. Petitioner now appeals from the lower court's Order granting Summary Judgment in favor of the Respondent Norfolk Southern Railway Company. - Grant 5 - 0.

13.  SER Alex Farmer v. Thomas McBride, Warden - 080178 - Alex Farmer appeals the circuit court's denial of his omnibus petition for post-conviction habeas corpus. He was previously convicted of First Degree Murder with a recommendation of mercy, two counts of First Degree Sexual Assault, and Burglary. He asserts several constitutional arguments based upon Zain 1 and Zain 3, the admission of certain evidence and statements, the court's denial of his motion for judgment of acquittal and motion to strike a juror for cause, alleged juror misconduct, and alleged sentencing error. - Grant 4 - 1,  Benjamin.

14.  State v. Michael S. Hutzler - 080313 - Defendant appeals following his guilty plea to felony destruction of property having preserved the right to appeal two issues related to the circuit court's denial of his motion to dismiss. Defendant raises issues related to venue, jurisdiction, and the destruction of evidence. Defendant seeks a reversal of the circuit court's decision and a dismissal of the indictment. - Grant 4 - 1,  Benjamin.

15.  SER Scott Edwards v. Linda Gibson, et al. Sam E. Cole, Intervenor Below - 080233 - Petitioner intervenor appeals from the circuit court's order granting a petition for a writ of prohibition thereby prohibiting the City Council of the City of Hurricane from holding a remanded hearing as earlier ordered by Judge Spaulding. - Grant 4 - 1,  Maynard.

16.  State v. Hason Cleveland - 080276 - Defendant appeals from his convictions of first degree murder without mercy and conspiracy to commit first degree murder. Defendant raises procedural and evidentiary errors below. He seeks a reversal of his convictions and a new trial. - Refuse 3 - 2,  Starcher & Albright.

17.  State v. Troy Luther Knight - 080314 - Defendant pled guilty to fleeing from an officer in a vehicle while under the influence of alcohol, possession of a controlled substance with intent to deliver, and battery of a police officer. Defendant entered his pleas after his motion to suppress evidence was denied. Defendant seeks a remand with directions to grant his motion to suppress so that he can plead anew, plus such other relief as may be appropriate. - Refuse 3 - 2,  Starcher & Albright.

18.  CBC Holdings, et al. v. Dynatec Corp., et al. - 080356 - Plaintiff appeals from the circuit court's order dismissing this declaratory judgment action on the basis that plaintiff's claim was governed and encompassed by the Coalbed Methane Act and that plaintiff could not maintain its civil action without first applying for relief under that Act. Plaintiff sought to confirm its rights to certain coalbed methane, as well as a judgment declaring the leasehold interests asserted by defendants null and void as a matter of law. - Continued.

19.  State v. Tony Stephen Hood - 080388 - Tony Stephen Hood appeals his conviction for Wanton Endangerment. He argues that the court erred in allowing evidence at trial that a female was shot and rendered quadriplegic, and that the jury's verdict is contrary to the law and evidence. - Refuse 4 - 1,  Albright.

20.  Lawrence Hasley v. Andrea Hasley - 080433 - Lawrence Eber Hasley appeals from the circuit court's order affirming the family court on an issue of equitable distribution. The family court held that Mr. Hasley's police pension fund was a marital asset, and that Mr. Hasley is not legally entitled to an offset in lieu of social security benefits. - Refuse 3 - 2,  Starcher & Albright.

21.  State v. James Kevin Marcum - 080614 - Petitioner, James Marcum, seeks a reversal of his conviction for Forgery, and asserts that the Kanawha County Circuit Court erred by not granting his Motion to Set Aside his Conviction and a Judgment of Acquittal as the State did not present evidence that other corporate officers did not authorize the check in question. - Refuse 5 - 0.