Requests for Oral Presentation
and
Petitions for Appeal

May 19, 1999

1.    Jeffrey J. Parrish v. Katherine L. Foley No. 990629. Defendant, custodial parent, appeals order granting downward modification on child support.

Refuse 3-2
(Workman, J., Davis, J.)

2.    Associated Press v. Seven Ranges Radio, No. 990630. Defendant appeals adverse judgment after a bench trial in a contract matter.

Refuse 5-0

3.    Lori Heatwole v. WV Regional Jail, No. 990635. The Regional Jail Authority appeals from a jury verdict awarding the plaintiff, Lori Heatwole, compensatory damages of $198,500 plus pre-judgment interest in an employment discrimination action.

Accept

4.    Herbert F. Hyre v. Myles Lumber Co., No. 990639. Defendant appeals jury verdict for plaintiff in an action for timber trespass.

Refuse 4-1
(Maynard, J.)

5.    Eva Diane Maikotter v. Board of Trustees/WV, No. 990642. Grievant appeals lower court order affirming a decision of the West Virginia Education and Employee's Grievance Board denying her grievance.

Grant 4-1
(Maynard, J.)

6.     State of West Virginia v. Shaler L. Eagle., No. 990644. Defendant appeals conviction of second degree murder. He was sentenced to a definite term of 35 years.

Refuse 5-0

7.    Dana & Jana Olson v. Luther M. Painter, No. 990665. The petitioners, Dana and Jana Olson, appeal from an order entered in the Circuit Court of Monroe County granting summary judgment in favor of the respondents. The petitioners sought specific performance of an alleged oral agreement, pursuant to which the petitioners were to purchase 85 acres from the respondents for $100,000.

Refuse 5-0

8.    Wilma E. Vargo v. Sandra L. Pine, No. 990666. The petitioner, Wilma E. Vargo, appeals from a jury verdict returned in the Circuit Court of Brooke County in a wrongful death action. The petitioner, inter alia, contends that the verdict was inadequate.

Grant 3-2
(Davis, J., Maynard, J.)

9.    Pamela K. Redden v. Denzille H. Redden, No. 990667. The petitioner, Denzille H. Redden, appeals from an order of the Circuit Court of Raleigh County modifying a final divorce order to the extent that certain real property would be transferred from the petitioner to the estate of the respondent. The petitioner contends that the Circuit Court was without jurisdiction to make the modification. Nor could the modification be justified as correcting a "clerical error."

Refuse 5-0

10.    State of West Virginia v. Michael W. Palmer, No. 990684. The petitioner, Michael Wayne Palmer, challenges his convictions upon an indictment returned in the Circuit Court of Summers County. The petitioner asserts that the indictment was precluded by an earlier plea agreement in another matter. The earlier plea agreement provided for the dismissal of all charges "then pending or under investigation."

Grant 3-2
(Workman, J., Maynard, J.)

11.     Deborah H. Cobb v. E. I. Dupont De Nemou, No. 990687. The petitioner, Deborah H. Cobb, appeals from an order entered in the Circuit Court of Kanawha County granting summary judgment in favor of the respondents. The petitioner's action was based upon Persinger v. Peabody Coal Company, 196 W.Va. 707 (1996), which provides an action against an employer for fraudulently misrepresenting facts to the Workers' Compensation Division with the intention of depriving a claimant of WCC benefits.

Grant 3-2
(Davis, J., Maynard, J.)

12.    Tony L. Boyd v. Mary Rissler, Magistrate, No. 990701. The petitioner, Tony L. Boyd, appeals from an order entered in the Circuit Court of Jefferson County dismissing his petition for contempt in a divorce action. The petitioner contends that a family violence protective order and a contempt order, obtained by his wife and issued by a magistrate, were precluded by an intervening ruling by a family law master.

Refuse 5-0


13.    Jesse Bane, III v. Allstate Insurance Co., No. 990640. Plaintiff appeals from the circuit court's order granting a directed verdict in favor of defendants.

Refuse 4-1
(McGraw, J.)

14.    George Miller v. Howard Painter, Warden, No. 990643. Defendant appeals from the circuit court's denial of his petition for a writ of habeas corpus seeking to set aside his guilty plea and grant him a trial in Pendleton County.

Refuse 5-0

15.    Bettie J. English v. J. Crawford Goldman, No. 990646. Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants.

Refuse 4-1
(McGraw, J.)

16.     Imogene Williams v. Orville Ray Sayre, No. 990651. Defendant appeals from the circuit court's order denying him compounded interest on the judgment he was awarded against plaintiff.

Refuse 3-2
(Workman, J., McGraw, J.)

17.    State of West Virginia v. Harold Lee Carr, No. 990653 . Defendant appeals his conviction of first degree sexual abuse (1 to 5 years), third degree sexual abuse (90 days in the county jail) and sexual abuse by a custodian (5 to 15 years).

18.    Darrell V. McGraw v. Combs Service, No. 990654. Plaintiff appeals from the circuit court's order finding that plaintiff's statutory lien under W.Va. Code § 47-14-11(d) did not have priority over the properly perfected security interest of the intervenor bank.

Accept

19.    Lisa Sue Shaffer v. ACME Limestone Co., No. 990664. Plaintiff appeals from a circuit court's award of summary judgment in favor of defendant.

Grant 5-0