Argument
Docket Wednesday, April 8, 2009
Supreme Court of Appeals of West Virginia
Argument
Docket
Wednesday, April 8, 2009
1. Pamela Gainer v. Secretary of the WV Dept. of Health and Human Resources, et al. - 34401 - DHHR appeals from the circuit court's order reversing the decision of the West Virginia Education and State Employees Grievance Board upholding DHHR's 4-day suspension of respondent without pay.
2. Clifford Crum v. Equity Inns, Inc., Virginia Inn Management of W.Va., Inc., et al. - 34400 - Plaintiff appeals from the circuit court's order reaffirming its prior award of summary judgment in favor of defendant, Equity Inns, Inc., in this action for personal injuries. Plaintiff seeks a reversal of the circuit court's decision.
3. In Re: Jean Holly Dandy, an alleged protected person - 34398 - Attorney James Wilson Douglas appeals the circuit court's order finding that he could not collect certain attorney's fees from the estate of a protected person. Mr. Douglas had been retained by the attorney-in-fact for the alleged protected person to defend the guardian and conservatorship proceeding and to file a related petition for prohibition.
4. Michael and Misty Blankenship v. The City of Charleston, et al. - 34399 - Lakewood Swim Club seeks reversal of a December 11, 2007, Order of the Kanawha County Circuit Court which granted summary judgment in favor of Evanston Insurance Company and against Lakewood Swim Club on a declaratory judgment action. The court's ruling left Lakewood Swim Club without a defense and without coverage for lawsuits filed against it by the plaintiffs and third-party plaintiffs below.
5. Thomas Simpson v. WV Office Insurance Commission and Independence Coal Co. - 34368 - This case will be heard at 11:30 a.m., with argument in case #9 to immediately follow. Chief Justice Benjamin disqualified. Judge Fox sitting by temporary assignment.
6. SER West Virginia Mandatory Continuing Legal Education v. J. Edward Agee, et al. - 34624 - To be presented on briefs only without oral argument.
7. SER Office of Disciplinary Counsel v. David A. Barnabei - 34707 - Respondent has failed to respond to numerous requests from the Office of Disciplinary Counsel for certain documents for compliance with the 9/25/08 Court's order. In addition, Office of Disciplinary Counsel has received another complaint against the Respondent, and has failed to comply with a response within the 20 days allowed.
8. SER Office of Disciplinary Counsel v. Donald P. Cookman - 34719 - Respondent was ordered by this Court on September 25, 2008 to reimburse two clients, and pay cost of proceedings within sixty days from Court order. As of 1/21/09, Respondent has failed to provide verification restitution has been made.- Dismissed.
9. Secretary of the WV Dept. of Environmental Protection v. Goals Coal Co., et al. - 34138 - Petitioner appeals from the circuit court's final order affirming the decision of the Surface Mine Board in this administrative appeal. Respondent sought to build a coal storage silo within 300 ft. of an elementary school, and the Surface Mine Board concluded that the proposed site was within the permit area of the relevant permit. -This case will be called immediately after case #5, which will be called at 11:30 a.m. Chief Justice Benjamin disqualified. Judge Fox sitting by temporary assignment.
10. State of West Virginia v. Tanya Harden - 34268 - Tanya D. Harden appeals her conviction for First Degree Murder with a recommendation of mercy. She alleges several trial errors including the admission of irrelevant and gruesome photographs, failure to excuse a prospective juror for cause, failure to rebut her self-defense claim, admission of speculative evidence, improper instruction regarding lost or destroyed evidence, and her lawyer was improperly ordered not to object to the State's closing argument.
The briefs and other filings are provided in PDF format.
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