1. Jim Love Land Co. v. LMF Realty Co., No. 000287. The petitioner, Jim Love Land Company, Inc., appeals from a summary judgment entered in the circuit court of Kanawha County in favor of the respondents, LMF Realty Company and Lou Wendall Marine Sales & Service. The controversy concerns the ownership of a parcel of real property in St. Albans, West Virginia. The Circuit Court determined that the respondents were entitled to the parcel through adverse possession. The petitioner contends, however, that adverse possession was not timely raised in the Circuit Court.

2. In Re: Joshua H., No. 000300. The petitioner, Joshua H., appeals from an order entered in the Circuit Court of Wetzel County transferring the juvenile delinquency proceeding against him to criminal jurisdiction of the Circuit Court. The petitioner was charged with various offenses arising from his alleged possession of a pistol upon the property of an elementary school.

3. State of WV v. Donald C. Smith, No. 000301. The petitioner, Donald C. Smith, appeals from his conviction in the Circuit Court of Logan County of the offense of murder of the first degree (without mercy)and murder of the second degree. The petitioner was charge with the shooting deaths of his former wife and her male companion. The petitioner suffered from alcohol and drug problems and asserted that, as a result, he was not criminally responsible for the murders.

4. Dreama Gouge v. South Putnam PSD, No. 000302. The petitioners, Dreama Gouge and Lifestyle Furniture & Design, Inc., appeal from an order entered in the Circuit Court of Putnam County granting the motion of the respondents, South Putnam Public Service District and Shoney’s, to enforce a settlement agreement concerning the action. The petitioner, Ms. Gouge, asserts that, although she settled with Shoney’s, she did not reach a settlement agreement with South Putnam Public Service District.

5. Martha F. Settle v. James W. Settle, Jr., No. 000307. The petitioner, James W. Settle, Jr., appeals from an order entered in the Circuit Court of Fayette County ruling that the petitioner was not entitled to a retroactive credit (to 1987) upon his monthly child support obligation - due to the childrens’ receipt of the petitioner’s social security disability benefits. The Circuit Court and the Family Law Master determined that the petitioner was not entitled to the credit because the petitioner failed to meet the criteria set forth by this Court in Farley v. Farley, 412 S.E.2d 261 (W.Va. - 1991).

6. State of WV v. Kenneth Brown, No. 000308. The petitioner, Kenneth Brown, appeals from his convictions in the Circuit Court of Cabell County of second degree sexual assault and first degree sexual abuse. The charges arose from an attack upon a Marshall University student as she entered her car. The petitioner contends, inter alia, that the Circuit Court erred when it admitted, over the petitioner’s objection, evidence of the petitioner’s prior convictions.

Refuse 3-2
[Starcher, J., Scott, J.]

7. State of WV v. Thomas D. Rogers, No. 000309. The petitioner, Thomas D. Rogers, appeals from his felony convictions in the Circuit Court of Randolph County of obtaining money or property through fraudulent schemes, obtaining money or property through false pretenses, and embezzlement. The convictions arose from the petitioner’s involvement in the sale to the Elkins Distributing Company of computer software belonging to a business known as Micro Vane Incorporated.

Accept