1. In the Interest of Greg H., No. 992560. Defendant appeals from the circuit court’s order revoking an improvement period awarded to the juvenile defendant by the juvenile referee and finding that the juvenile referee had no authority to grant the improvement period.

2. Garren Law Offices v. Richard L. Evans, No. 990923. Garren Law Offices, L.C. brought suit against Richard L. Evans for breach of contract and nonpayment of attorney’s fees. Richard L. Evans and Stella Evans filed suit against Mark Garren and Garren Law Offices alleging fraud, breach of contract and legal malpractice. These cases were consolidated by the circuit court. Petitioner, Richard L. Evans, appeals from the circuit court’s order that (i) dismissed his claims against Mark Garren and Garren Law Offices, and (iii) entered judgment in favor of respondent, Garren Law Offices, L.C., on its claims against petitioner.

3. Appalachian Power Co. v. WVHRC/Antonio Mathews, No. 993321. Petitioner, Appalachian Power Company ("APCO"), appeals from the circuit court’s order, which upheld a final order of respondent, the West Virginia Human Rights Commission ("Commission"), which adopted the final decision of the Administrative Law Judge ("ALJ"), who held that APCO retaliated against the complainant, Antonio Matthews, for engaging in a protected activity. APCO asks this Court to overturn the decision of the Commission and review the ALJ’s order without giving any deference to the administrative agency. Alternatively, APCO asks that this Court to remand the case to the Commission with directions that it consider the record and entertain meaningful oral argument from the parties so as to cure previous due process violations.

4. Jeffrey M. Clark v. WV Dept. Of Health/Human Resources, No. 990962. Plaintiff appeals from the circuit court’s dismissal of his petition to establish paternity of two infant children. Plaintiff asks this Court to reverse the circuit court’s order and remand the action with directions to hold hearings and take such other action to determine paternity.

5. State of West Virginia v. Gerald Jako, No. 000167. Defendant appeals from his conviction of DUI, third offense, driving revoked for DUI third offense, and fleeing while DUI. Defendant was sentenced to 1 to 3 years for the DUI third offense, 1 to 3 years for the driving while revoked for DUI third offense, and 1 to 5 years for fleeing while DUI, each sentence to run consecutively.

6. Holly O. Bine v. David C. Owens, No. 000168. Plaintiffs appeal from the circuit court’s order awarding summary judgment in favor of defendants. Plaintiffs seek a reversal of the circuit court’s order and a remand of this action back to the circuit court.

7. Barbara McNeil v. State Auto Insurance Co., No. 000169. Defendant appeals from the circuit court’s award of partial summary judgment in favor of plaintiffs in this declaratory/insurance "bad faith" action. Plaintiffs were awarded coverage under their insurance policy with the defendant insurance company. The Order granting partial summary judgment was entered pursuant to Rule 54(b) of the West Virginia Rules of Civil Procedure with such ruling declared to be final so that this appeal could be prosecuted.

8. In Re: Vollie Cottrell, No. 000199. Petitioner appeals from the circuit court’s order removing him as a co-conservator of the estate of Vollie Cottrell.

9. State of West Virginia v. Gordon Harper, No. 000202. Defendant appeals from his conviction on 1 count of 3rd degree sexual assault for which he was sentenced to not less than 1 year nor more than 5 years, and 1 count of incest for which he was sentenced to not less than 5 nor more than 15 years, those sentences to run concurrently.

10. Ernie Chafin v. Boone County Health Dept., No. 000100. The petitioner, Ernie Chafin, appeals from an order entered in the Circuit Court of Boone County reversing a Level IV decision of the West Virginia Education and State Employees Grievance Board. The Circuit Court determined that the petitioner, employed by the Boone County Health Department in the Nurse I classification, was not entitled to classification as a Nurse II. The Circuit Court’s ruling was based upon the petitioner’s refusal to make home visits to patients, a requirement of the Nurse II position.

11. State of West Virginia v. Ronald S. Sprenkle, No. 000219. The petitioner, Ronald Stephen Sprenkle, appeals from his felony conviction in the Circuit Court of Pocahontas County of manufacturing a controlled substance, marihuana. The petitioner contends, inter alia, that a police search, which resulted in the seizure of various items in addition to the plants themselves, was based upon insufficient probable cause.

Refuse 4-1
[Starcher, J.]

12. Terry L. Church v. Waynesburg College, No. 000259. In this estate tax case, the petitioners, Billie J. Cherry and Terry L. Church, as beneficiaries of the estate of the testator, appeal from an order entered in the Circuit Court of Mercer County holding that the West Virginia Apportionment Statute, W.Va. Code, 44-2-16a [1988], applied to the testator’s last will and codicil, thereby (in view of certain bequests to charities) increasing the estate tax burden apportioned to the petitioners.

13. H. John Rogers v. James Albert-Administrator, No. 000267. This is a certified question case in which the petitioner, H. John Rogers, appeals from a summary judgment entered in the Circuit Court of Marshall County in favor of the respondent judicial officers. In so ruling, the Circuit Court rejected the petitioner’s constitutional challenge to Rule 1(b) of the Administrative Rules for the Magistrate Courts of West Virginia. According to the petitioner, Rule 1(b) denies the right to post bail for petty misdemeanors and other criminal offenses because, pursuant to the Rule, individuals may be subjected to "extra-legal," over-night incarceration.

14. State of West Virginia v. Lewis F. Sanders, No. 000273. The petitioner, Lewis Franklin Sanders, appeals from his jury conviction in the Circuit Court of Kanawha County of the felony offense of aggravated robbery, with the use of a firearm. The petitioner was sentenced to 40 years in the penitentiary. The petitioner contends, inter alia, that the Circuit Court failed to properly determine whether the petitioner was competent to stand trial.

15. Memphis Folding Stairs, Inc. v. Allstate Insurance Co., No. 000275. The petitioner, Memphis Folding Stairs, Inc., appeals from a summary judgment entered in the Circuit Court of Harrison County in favor of the respondents, Allstate Insurance Company and its agent Mike Mason. The petitioner alleged that the respondents were guilty of unfair settlement practices. In granting summary judgment, the Circuit Court considered an underlying personal injury action filed by two Allstate insureds against the petitioner. The Circuit Court determined that a "family member exclusion" precluded coverage of the petitioner’s counterclaim against the insureds, and, therefore, the respondents were entitled to summary judgment upon the unfair settlement practices claim.

16. State of West Virginia v. Mitchell O. Vickers, No. 000276. The petitioner, Mitchell O’Dell Vickers, appeals from his jury conviction in the Circuit Court of Wayne County of murder of the first degree. The petitioner was sentenced to a term of life, without the possibility of parole. The petitioner contends, inter alia, that the Circuit Court committed error in admitting in evidence two videotaped statements he gave to law enforcement authorities.

17. Bd. Of Directors/Bluefield State College v. Garrett Olmsted, No. 000277. The petitioner, Board of Directors, appeals from an order entered in the Circuit Court of Mercer County affirming a Level IV decision of the West Virginia Education and State Employees Grievance Board. The Level IV administrative law judge determined that respondent, professor Garrett Olmsted of Bluefield State College, had been the victim of harassment and threats by a student and that, as a result, the College failed to provide the respondent with a safe workplace and, in addition, wrongfully terminated his employment.

18. Robert A. Finley v. Mountaineer Coal Development, No. 000278. The petitioner, Robert A. Finley, appeals from an order entered in the Circuit Court of Mingo County granting the motion of the respondent, Mountaineer Coal Development Company, to set aside a default judgment. The petitioner contends that the respondent failed to establish sufficient grounds for setting aside the judgment.

19. State of West Virginia v. James M. Reedy, No. 000282. The petitioner, James M. Reedy, appeals from his jury conviction in the Circuit Court of Berkeley County of the felony offense of third offense driving under the influence of alcohol. The petitioner challenges, inter alia, the validity of the stop by the State Trooper, the petitioner’s subsequent arrest and the evidence derived therefrom.