Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference
Thursday, April 15, 1999
| 1. | The Honorable Tod Kaufman, Judge No. 990943 Refuse 5-0 |
Certification Order in Forman v.
Edgell, et al., No. 990943 (Civil Action no. 99-C-362), certifying the following question
of law: Does West Virginia Code Section 29B-1-4(4), the police records exemption, protect the West Virginia State Police use of force index of policies and procedures from disclosure pursuant to West Virginia Freedom Of Information Act where a person has filed a reasonable specific request with the proper custodian of records? The circuit court granted the plaintiff access to the requested information for the limited purpose related to the scheduled jury trial but ordered the plaintiff not to disclose publicly this information. |
| 2. | Robert J. Busse No. 990633 Grant 4-1 [McGraw, J.] |
Motion to Dismiss Appeal in Robertson v. WCD/Westmoreland Coal, No. 990633. The petition for appeal was filed pro se on 3/15/99 of an Appeal Board Order dated 12/31/97. |
| 3. | Carole L. Scotti No. 990576 Refuse 5-0 |
Motion to Intervene in Health Management Inc. v. Lindell, No. 990576 (Kanawaha County Circuit Court 98 Misc 319) (Petitions for Appeal filed 2/19/99 and 3/5/99). Motion asserts that Marrianne Balkeslee was the complainant in the actions terminated by the circuit court's writ of prohibition. Deferred from the 3-10-99 Misc. Mtn. Conf. |
| 4. | Carole L. Scotti No. 990576 Grant 5-0 |
Motion for Leave to File Amicus Curiae Brief in Health Management Inc. v. Lindell, No. 990576 (Kanawaha County Circuit Court 98 Misc 319) (Petitions for Appeal filed 2/19/99 and 3/5/99). Motion seeks to allow Marrianne Balkeslee, the complainant in the actions terminated by the circuit court's writ of prohibition, to file an amicus curiae brief. Deferred from the 3-10-99 Misc. Mtn. Conf. |
| 5. | Pat Lamp No. 990924 Refuse 5-0 |
Petition for Writ of Prohibition in SER Manns v. Hutchinson, et al., No. 990924. The petition seeks to prohibit the circuit court from sentencing the petitioner to the Industrial Home for Youth for an additional 6-month period. The petition asserts that the additional sentencing violates a Rule 11(e)(1)(c) plea agreement that required the petitioner be placed on probation. |
| 6. | Joseph A. Noggy No. 990926 Refuse 5-0 |
Petition for Writ of Prohibition in SER Frame v. Kirkpatrick, III, et al., No. 990926. The petition seeks to prohibit a 5/4/99 jury trial charging malicious wounding based on a 7/15/96 incident. The petition asserts that continued prosecution violates the defendant's rights to due process and a speedy trial and the criminal rules of procedure. |
| 7. | Richard A. Robb No. 25443 Refuse 5-0 |
Motion to Strike in McCammon v. Oldaker, et al., No. 25443. The motion seeks to strike an alleged statement made by counsel during oral argument on 3/23/99. Response filed. |
| 8. | Michael M. Fisher No. 990937 Refuse 3-2 [Davis, J., McGraw, J.] |
Petition for Writ of Prohibition in SER Garren Law Offices v. Pancake, et al., No. 990937. The petition seeks to prohibit the circuit court from reopening proceedings on the issue of attorney's fees. The petition alleges that the Rule 60(b) motion (filed 10/21/98) was untimely because it was not filed withing 8 months of the 2/19/98 order awarding attorney's fees, costs and pre-judgment interest. |
| 9. | Michael M. Fisher Nos. 990937 & 990923 Moot |
Motion for Stay in Evans v. Garren Law Offices, Nos. 990937 (Writ of Prohibition filed by Garren) and 990923 (Petition for Appeal filed by Evans). |
| 10. | The Honorable Jeffrey B. Reed, Judge of the Circuit Court of Wood County No. 25828 Refuse 5-0 |
Motion to Reconsider the Dismissal of SER Davis, et al. v. Reed, et al., No. 25828, dismissed as moot 3/11/99. |
| 11. | David L. Zehnder No. 25826 Refuse 5-0 |
Motion to Dismiss Appeal in State v. Wallace, No. 25826 to be submitted 6/2/99. The defense maintains that the State's appeal was not timely filed as required by WVCode 58-5-30. Response filed. |
| 12. | John Philip Melick No. 990562 Grant 5-0 |
Motion to Amend Petition in Jan-Care Ambulance Service, Inc. et al. v. PSC, et al., No. 990562, on 5/4/99 Motion Docket. Response filed. |
| 13. | Brian Alan Prim Grant 4-1 [Davis, J.] |
Motion to File Late Petition for Appeal in Bailey v. WCD et al., Appeal Board Order 4/30/98. |
| 14. | Karen E. Acord |
Motion to Reject Appeal as Premature
in Redden v. Redden, No. 990667, filed on 3/18/99. |
| 15. | Karen E. Acord No. 990667 Grant 5-0 (30 Days ) |
Motion for Enlargement of Time to
Answer in Redden v. Redden, No. 990667, filed on 3/18/99. |
| 16. | Katherine M. Mason No. 25888 Grant 5-0 |
Motion to Include Orders and Record Occurring Subsequent to the Trial Court's Order of 12/29/98 in In re: Billy Joe M. and Jason M., No. 25888 to be submitted 6/1/99. |
| 17. | Mary M. Green, Pro Se No. 981307 Refuse 4-1 [McGraw, J.] |
Motion to Compel in SER Green v. Liller, No. 981307. The motion asserts that immediate release should occur. |
| WC 1. |
Robert L. Stultz No. 961736 Refuse 3-2 [Starcher, C.J., McGraw, J.] |
Petition for Appeal in Martin v. WCD/Moore Business Forms, Inc., filed 7/24/96. PPD-OP awarded 0% wants 15%. |
| WC 2. |
Robert L. Stultz No. 961735 Grant 5-0 |
Petition for Appeal in Wilfong v.
WCD/Anchor Hocking Corp., filed 7/25/96. PPD-OP awarded 0% wants 15%. |
| WC 3. |
Mark Hrutkay No. 961714 Grant 5-0 |
Petition for Appeal in Gibson v. WCD/ H. J. Thomas Memorial Hospital, filed 7/19/96. Compensability. |
| WC 4. |
Robert L. Stultz No. 961737 Refuse 3-2 [Starcher, C.J., McGraw, J.] |
Petition for Appeal in Compton v. WCD/Sharon Steel Corp., filed 7/24/96. PPD-OP awarded 0% wants 10%. |