Supreme Court of Appeals of West Virginia

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

March 9, 1999
(Updated 3/11/99)

1.  State of West Virginia v. David Lawrence Dixon - 981601 - The petitioner was convicted in McDowell County of 1st degree murder, without mercy, and abduction.  He challenges the convictions upon the grounds of venue and certain remarks by the prosecutor to the jury. Refused 5-0

2.  Michael L. Walters , as parent and natural guardian of Katrina R. Walters v. Cabell-Huntington Hospital, Inc., Allen S. Chamberlain, M.D., et al - 982862 - Cabell-Huntington Hospital appeals from an adverse jury verdict in a medical malpractice action.  In a separate petition, Cabell-Huntington raises an issue concerning the method of reducing the judgment following a post-trial settlement between the plaintiff and the two defendant physicians. Refused 3-2, Workman & Maynard

3. Terry Lee St. Peter v. Ampak-Division of Gatewood Products, Inc., and E. R. Gateman - 983271 - Plaintiff in a Human Rights Act matter appeals the denial of a motion for attorney's fees and costs after a favorable jury verdict in an employment termination action. Granted 3-1, Maynard - Starcher Disqualified

4. Terry Lee St. Peter v. Ampak-Division of Gatewood Products, Inc., and E. R. Gateman - 982964 - Defendant appeals jury verdict for plaintiff in an employee discharge action. Granted 3-1, McGraw - Starcher Disqualified

5.  State of West Virginia v. Cleve H. Messer - 983010 - The petitioner contends that his guilty plea to murder of the 1st degree should be set aside.   Pursuant to plea, the petitioner was sentenced by the Circuit Court of Logan County to life without mercy. Refused 5-0

6.  State of West Virginia v. James Eddie Smith - 983166 - The petitioner challenges his jury conviction in the Circuit Court of Marion County of voluntary manslaughter.  The victim was the petitioner's son-in-law. Continued due to weather.

7.   State of West Virginia v. Allen L. Miller - 983199 - Defendant appeals lower court order committing him to a second indeterminate term not to exceed 2 years in the William Sharpe Hospital. Continued due to weather.

8.  Harold James Marsch, et al. v. American Electric Power Co., Columbus Southern Power Co. and Ohio Power Co. - 983256 - The petitioners, Marsch, et al., appeal from an order of the Circuit Court of Marshall County denying their motion for a new trial.  The petitioners contend that a jury verdict returned in their favor, in a personal injury action, was inadequate.  Granted 4-1, Maynard