1. State of West Virginia v. William Dean Rucker - No. 022484. Defendant was convicted of one count of delivery of a Schedule II controlled substance, crack cocaine, following a jury trial. He was sentenced to 1 to 15 years in prison. Defendant seeks either a reversal of his conviction, a new trial, or a remand of this action to the circuit court for the appointment of new counsel to assist him in prosecuting a habeas corpus proceeding.

Accept To Motion Docket

2. Georgia Roberts, Administratrix of the Estate of Teresa Cheryl Roberts Davis, deceased v. Angela K. Damron, Irvine K. Damron, Richard L. Mayo and Metropolitan Property and Casualty Insurance Company and State Farm Mutual Automobile Insurance Company v. Georgia Roberts, Administratrix of the Estate of Teresa Cheryl Roberts Davis, deceased, and Angela K. Damron - No. 022486. Plaintiff appeals from the circuit court’s award of summary judgment in favor of State Farm in this declaratory judgment action to determine whether per occurrence or per person limits applied in a wrongful death action. The circuit court determined that the per person limits applied.

Refuse 4-1
[ McGraw, J. ]

3. Linn Rose and Adam Rose, by and through his mother and legal guardian, Linn Rose v. St. Paul Fire and Marine Insurance Company, and Stephen Brown, and St. Paul Fire and Marine Insurance Company, and Stephen Brown v. Joseph Katarincic, Esq., Carl DePasquale, Esq., and Chad A. Ciccone, Esq. - No. 022481. Defendant insurer appeals from the circuit court’s order denying its motion for partial summary judgment and finding that the duties imposed upon defendants under the West Virginia Unfair Trade Practices Act are not delegable and that said defendants can be held liable for the conduct of the attorney’s employed to defend the underlying action against defendant’s insured to the extent that such conduct implicates the various provisions of the Unfair Trade Practices Act.

Accept To Motion Docket

4. Helen C. Proudfoot Trust v. William D. Proudfoot - No. 022488. Petitioner trustee appeals the circuit court’s denial of her summary judgment and the entry of an adverse summary judgment, alleging that a deed of conveyance was in contravention of the authority of the former trustee and was otherwise incorrect and thus questions of fact remain as to the validity of the conveyance.

Grant 3-2
[ Maynard, J., McGraw, J. ]

5. Robert J. Trozzi v. Board of Review of Employment Programs - No. 022495. Petitioner appeals the circuit court’s denial of his motion for attorney’s fees in connection with his successful petition for a writ of mandamus and prohibition.

Accept To Motion Docket

6. SER Mark Anthony Johnson v. Howard H. Painter, Warden - No. 022496. Petitioner appeals the denial of habeas corpus relief in a case where he was previously convicted of two counts of second degree sexual assault. He asserts ineffective assistance of counsel and error because he was required to wear a stun belt without having a hearing on such.

Accept To Motion Docket

7. Della Houck v. Wyoming County Board of Education - No. 022503. Petitioner appeals the circuit court’s order affirming the denial of her grievance by the Grievance Board. Petitioner asserts that for retaliatory reasons and as harassment, the Respondent school board abolished a position to which she had applied and was recommended.

Withdrawn

8. Christa H. Stewart v. Berkeley Board of Education - No. 022506. Petitioner appeals the circuit court’s order which affirmed the grievance board’s decision upholding petitioner’s suspension without pay and the subsequent non-renewal of her contract of employment. Petitioner was a probationary bus operator who was involved in a bus accident.

Refuse 4-1
[ Albright, J. ]

9. Tonda Angus v. Cabell County Board of Education - No. 022507. Petitioner school board appeals the circuit court’s order overturning a decision of the Grievance Board. Respondent teacher held a position requiring a specific subject area teaching certificate, but her job was eliminated in a reduction in force. The circuit court held that the teacher should have been permitted to displace a less senior teacher who held a position which did not require a particular teaching certificate.

Refuse 5 - 0

10. Dean C. McCombs v. Genlyte Group, Hadco, Inc., Elite Div. - No. 022531. Petitioner appeals the lower court’s denial of it’s Motion to Alter/Amendment Judgment and instead award attorneys’ fees. The Motion was in response to the Circuit Court’s order imposing sanctions in favor of plaintiff for discovery delay on the part of the defendant.

Refuse 5 - 0

11. Bluestone Paving, Inc. v. Tax Commissioner of West Virginia - No. 022533. Petitioner appeals from the circuit court’s order reversing an administrative decision of the Tax Commissioner denying Taxpayer’s claim for a refund of use tax based on application of credit provided by Code Section 11-15A-10a.

Accept To Motion Docket