Wednesday, April 12, 2000

1. Michael Stout, et al. v. Ravenswood Aluminum Corp.  - 26660 - The petitioners, Michael and Darla Stout, appeal from an order of the Circuit Court of Jackson County granting summary judgment in favor of the respondent, Ravenswood Aluminum, with regard to the petitioners' deliberate intent action. Mr. Stout was injured when a section of duct work at the respondent's plant fell upon the fork lift Mr. Stout was operating.

2. State of W. Va. v. Larry B. Ramsey -  26852 - Petition was granted 11-18-99. Petitioner appeals conviction for manufacture of controlled substance and conspiracy to manufacture a controlled substance. Court previously refused petition seeking post-conviction bail. The State opposes the Motion. - Submitted on briefs.

3. State of W. Va. v. Mary Margaret Green  - 27000 -  Green appeals an order reducing her sentence, claiming that the order is inconsistent with the order that Judge Cummings ordered at the hearing below and violates the constitutional protection against double jeopardy.

4. Sue Cahill, et al. v. Mercer County Board of Education - 26602 - Defendant Board of Education appeals from the circuit court's order reversing the level four decisions of the Grievance Board and awarding plaintiffs full back pay, pre-judgment and post-judgment interest and re-instatement to administrative positions as supervisors.

5. In Re: Emily and Amos B. - 26915 - WVDHHR appeals the lower court's grant of a "delayed improvement period" to the parents in an abuse and neglect proceeding.  The lower court ordered that the mother's improvement period begin when she completes a long-term, in-patient substance abuse treatment program.  The father's improvement period is to begin when he completes his federal sentence for bank robbery.  WVDHHR notes that the code [49-6-5(a) (6)] provides for temination of parental rights when "there is no reasonable likelihood  that the conditions of abuse or neglect can be substantially corrected in the near future."

6. State of W. Va. v. Jason Anthony Parr -  26898 - Defendant appeals felony conviction of possession with intent to deliver a controlled substance. He was sentenced to 1 to 15 years.

7. Robert Mammo, et al. v. Graley Construction Co., Inc., dba Charles Graley 26908 - No summary available. - Dismissed 

8. In Re: The Extradition of Andrew Chandler - 26906 - The petitioner, Andrew Chandler, appeals from an order in the Circuit Court of Pocahontas County denying him relief in habeas corpus in a case wherein the petitioner sought to halt his extradition to the State of Ohio for the felony offense of nonpayment of child support. 

9. J. M., et al. v. The Webster County Board of Education - 26904 - The petitioners, Justin M. (age 15) and his parents, appeal from a final order entered in the Circuit Court of Webster County affirming a decision of the respondent, Webster County Board of Education, expelling Justin M. from Webster County High School for 365 days for having a loaded postol, and additional ammunition, in his possession on school property.  

10. SER Heather Harrison v. Hon. Paul Zakaib, Judge - 27310 - Petitioner Heather Harrison, plaintiff in civil action below, seeks a writ of prohibition: 1) to prevent Judge Zakaib from continuing to preside over the civil action below; and 2) to prevent Judge Zakaib from requiring petitioner's counsel, H. Truman Chafin, from appearing at hearings and other proceedings while the West Virginia Legislature is in session, because Mr. Chafin is the Senate Majority Leader and cannot be compelled to appear in any court in the state while the legislature is in session pursuant to West Virginia Code Section 4-1-17. 

Petitioner filed a motion to disqualify Judge Zakaib, which was subsequently denied. (At the time the petition for writ of prohibition was filed, neither the order denying the motion for disqualification nor the transcript of a hearing on the matter were available or provided to the Court.) Petitioner specifically contends that Judge Zakaib is required to forward the motion for disqualification and the reasons for his denial to the Chief Justice as required by Trial Court Rule 17. In addition, petitioner asserts that all orders entered subsequent to the filing of the motion for disqualification, including an order sealing the case file below, are null and void. -Dismissed