Requests for Oral Presentation
and
Petitions for Appeal
May 6, 1999
1. State of West Virginia v. Tremayne L., Juvenile No. 990588. Juvenile seeks review of trial court ruling transferring him to the court's criminal jurisdiction. The charges are kidnapping and aggravated robbery.
Refuse 5-0
2. State of West Virginia v. Debra Miller, No. 990540. Defendant appeals convictions of obstructing an officer (1 year and $100), battery on a police officer (1 year and $500), destruction of property ($25) and disorderly conduct ($25). The sentences are concurrent.
Refuse 5-0
3. Letitia D. Huber v. James P. Huber, No. 990549. Ex-wife appeals lower court order finding that personal injury settlement was non-marital property.
Refuse 5-0
4. Debra Ann Marlowe v. Charles W. Marlowe, No. 990550. Defendant ex- husband appeals order awarding alimony to plaintiff ex-wife.
Refuse 5-0
5. State of West Virginia v. Bobby Lee Nichols, No. 990607. Defendant appeals conviction of 3rd offense DUI (1 to 3 years) and driving while on a suspended license (6 months).
Grant 3-2
[Workman, J., Maynard, J.]
6. Facemyer Lumber Co. v. Jack Price, et
al., No. 990573. Petitioner appeals from the circuit court's orders adopting the
partition Commissioners' Report and finding that the Survey Report was prepared in
accordance with the Commissioners' Report.
Refuse 5-0
7. Health Management v. WVHRC/Norma Lindell, No. 990576. The Human Rights Commission appeals from the circuit court's issuance of a writ of prohibition enjoining the Commission from proceeding to public hearing on a complaint for discrimination in employment.
Grant 4-1
[Maynard, J.]
8. Troy Goodman v. George Trent, Warden, No.
990577. Defendant petitions this Court for a writ of habeas alleging that the amendment of
his indictment and the admission of 404(b) evidence violated his constitutional rights.
Refuse 5-0
9. Jeff S. Jones, SER v. William Haines, Warden, No. 990581. Defendant petitions this Court for a writ of habeas corpus alleging that his trial counsel was constitutionally ineffective and seeking either a new trial, a dismissal of all charges, or such other appropriate relief.
Refuse 3-2
[Starcher, C.J., McGraw, J.]
10. AT&T Corporation v. Ground Breakers, Inc, No. 990586. Defendant Groundbreakers, Inc. appeals from the circuit court's dismissal of its cross- claims against the Division of Highways on the basis of sovereign immunity.
Accept
11. AT&T Corporation v. Ground Breakers, Inc,
No. 990587. Plaintiff appeals from the circuit court's dismissal of its claim against the
Division of Highways on the basis of sovereign immunity.
Accept
12. Sharon K. Chenault v. Thomas D. Chenault, No. 990594. Plaintiff appeals from the circuit court's order canceling accrued, but unpaid, payments of alimony.
Refuse 3-2
[Workman, J., Davis, J.]
13. Ronald L. Predmore v. Kim M. Predmore,
No. 990601. Plaintiff appeals from the circuit court's affirmance of the family law
masters' dismissal of this divorce action for lack of jurisdiction.
Grant 5-0
14. James White, et al. v. Stephen Weber, No. 990605. The
petitioners, current and former State mine inspectors, sought to pursue their claims for
overtime pay and annual salary supplements by intervening in a Kanawha County civil action
styled James White, et al. v. Stephen Weber, Director of the West Virginia Department of
Mines. The petitioners' motion to intervene was denied, and the petitioners now appeal.
Refuse 3-2
[Starcher, C.J., McGraw, J.]
15. Chadwick P. Fenton v. Taylor County
Commission, No. 990606. The petitioner appeals from an order entered in the Circuit
Court of Taylor County granting summary judgment in favor of the County Commission. The
petitioner, a jail inmate, instituted the action after having been beaten and stabbed by
fellow inmates.
Accept
16. Alan D. Hall v. Glenn D. Jarvis, No. 990608.
This matter involves a boundry dispute wherein the petitioners, the Halls, and the
respondents, Glen and Rita Jarvis, had a common grantor: respondent Elma Johnson. The
petitioners appeal from adverse judgments entered in the Circuit Court of Wood County. The
petitioners claim ownership of a parcel consisting of 7.84 acres, rather than 7.70 acres.
Refuse 5-0
17. Janet L. Pyles v. Town of Fairview, No.
990612 . The petitioner, Janet L. Pyles, appeals from an order entered in the
Circuit Court of Marion County dismissing her defamation action against the respondent.
Refuse 3-2
[Starcher, C.J., McGraw, J.]
18. State of West Virginia v. Casey Rygh, No. 990613. The petitioner appeals his Logan County convictions of two counts of felony murder and one count of conspiracy to commit aggravated robbery. The sentences imposed following the convictions included a term of life imprisonment, without the possibility of parole.
Accept
19. State of West Virginia v. William Sacco, III, No. 990619. The petitioner appeals from a bench trial conducted in the Circuit Court of Ohio County wherein the petitioner was found guilty upon two charges of misdemeanor battery. The victims are the parents of the petitioner's former girlfriend.
Refuse 5-0
20. Jane Doe v. Wal-mart Stores, Inc., No. 990620. The petitioner, Jane Doe, filed an action in Raleigh County against Wal-Mart and others, after having been abducted from a parking lot and sexually assaulted. Reversing an order dismissing the action, this Court in Jane Doe v. Wal-Mart, 198 W.Va. 100, 479 S.E.2d 610 (1996), remanded the action for trial. The petitioner now appeals from an adverse jury verdict.
Grant 5-0
21. Kevin Scott Estep v. Diana Mejia Estep, No. 990622. The
petitioner, Diana Mejia Estep, appeals from an order entered in the Circuit Court of
McDowell County, awarding custody of the parties two children to the respondent, despite
the recommendation of the FLM to the contrary.
Grant 3-2
[Appoint Gal for Children and Expedite]
[Maynard, J., McGraw, J.]
22. Anthony Iafolla v. Thomas Ray Trent, No. 990627. The petitioner, Anthony Iafolla, appeals from an order entered in the Circuit Court of Mingo County granting summary judgment in favor of the petitioner's insurer, Travelers Insurance. The Circuit Court held that the anti-stacking language of the insurance policy precluded the petitioner's claim for additional underinsured motorist coverage, especially since the petitioner received a multi-car discount upon the premiums for the covered vehicles.
Accept