Supreme Court of Appeals of West Virginia

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May 5, 1999
(Last Update 5/4/99)


1.  State of West Virginia v. Matthew David S. - 25802 - Matthew David S. appeals his adjudication as a "delinquent child" for possession of a controlled substance, asserting that the circuit court erred by refusing to suppress the marijuana seized from him.  - To be submitted on briefs only without oral argument.

2.  State of West Virginia v. William H. Burgess - 25801 - Burgess appeals his conviction for maliciously killing an animal (61-3-7).   He shot a cow once in the head and field dressed it.  He was sentenced to 1-10 years in the penitentiary.  Burgess argues that the killing was not done maliciously.    

3.   Tamara L. Sawyers v. Robert L. Jenkins  - 25810  - In this appeal in a personal injury action, the petitioner's assignments of error include a challenge to the trial court's reassembling the jury, after the jury was discharged, for the correction of the verdict. - Dismissed.

4.  State of West Virginia v. Eric J. Lightner - 25822 - The petitioner challenges his convictions in the Circuit Court of Wood County of various sexual offenses.

5.  State of West Virginia v. Tara Williams - 25815 - Defendant appeals 50 year sentence for attempted aggravated robbery

6.  State of West Virginia v. Marybeth Davis - 25812 - The petitioner challenges her Greenbrier County convictions of the attempt to poison her infant son and the 1st degree murder of her infant daughter, for which the petitioner received respective penitentiary sentences of 3 to 18 years and life without the possibility of parole, the sentences to run consecutively.

7.  Hal F. Mekos v.  Joe E. Miller, Commissioner, Dept. of Motor Vehicles - 25817 - The Commissioner of Motor Vehicles appeals from a ruling of the Circuit Court of Ohio County to the effect that the failure at the administrative level to prove the charge of "DUI causing bodily injury" did not authorize the Division to find the motorist guilty of a lesser charge of DUI and revoke the motorist's license to drive upon that basis.

8.  Hancock County Board of Education v. Charles Hawken - 25818 - This is an appeal from a circuit court's decision on an appeal from a W. Va. Education and State Employee Grievance Board Administrative Law Judge's (ALJ) decision whereby the circuit court reversed the ALJ. The grievant appeals.

9.  Lester Kent Finley v. Norfolk and Western Railway Co. - 25816 - Plaintiff appeals jury verdict for the defendant in a personal injury matter brought pursuant to the Federal Employer's Liability Act.

10.  Lori P. C. J. v. Thomas Edward C. - 25827 - Father appeals the denial of his petition for custody.  The father argues that the Family Law Master failed to consider evidence of physical abuse of the child by the mother and stepfather, the child's stated wishes to live with the father, the father's frustration of visitation, and the guardian ad litem's recommendation that the child be placed with his father.  - Dismissed.