April 24, 2008

1.  State of West Virginia v. Dennis Burke - No. 080220. Defendant appeals his conviction of voluntary manslaughter. He challenges the sufficiency of the evidence and alleges ineffective assistance of counsel. Defendant seeks a reversal of his conviction and a remand for a new trial. - Accept to Motion Docket

2.  Sandra D. Young v. Glenn Young - No. 080221. Petitioner appeals from the circuit court’s order that affirmed the decision of the family court. Petitioner raises evidentiary issues, as well as issues related to equitable distribution. -Grant 4-1 (Benjamin)

3.  State of West Virginia ex rel. Scott Edwards v. Linda L. Gibson, Recorder of the City of Hurricane, Putnam County, West Virginia; Donald E. Chaney; William R. Billups; C. Brian Ellis; Patricia D. Hager; and Lana M. Call, Members of the City Council of the City of Hurricane, Putnam County, West Virginia v. Sam E. Cole - No. 080233. Petitioner intervenor appeals from the circuit court’s order granting a petition for a writ of prohibition thereby prohibiting the City Council of the City of Hurricane from holding a remanded hearing as earlier ordered by Judge Spaulding. - Accept to Motion Docket

4.  Victor A. Sprouse v. Amy McKinley Sprouse - No. 080278. Petitioner appeals from the circuit court’s order awarding permanent alimony to respondent after the family court had denied alimony of any kind to either party. Petitioner seeks a reversal of the circuit court’s order awarding permanent alimony and a reinstatement of the family court’s order denying alimony. Petitioner further seeks confirmation that West Virginia’s statutory law does not contemplate the attribution of income within the context of alimony. - Accept to Motion Docket

5.  Amy McKinley Sprouse v. Victor A. Sprouse - No. 080618. Petitioner appeals from the circuit court’s order to the extent that it upheld various unsupportable findings by the family court. Petitioner also seeks an award of permanent alimony based upon her financial need and respondent’s ability to pay. Petitioner also raises issues related to health insurance for the parties’ minor child, extraordinary medical expenses, life insurance, and attorney’s fees. - Accept to Motion Docket

6.  Norman Alderman v. Pocahontas County Board of Education - No. 080279. The Board of Education appeals from the circuit court’s order reversing the decision of the Grievance Board that upheld respondent employee’s termination on the basis of insubordination. The Board of Education seeks a reversal of the circuit court’s decision. The Board asserts, inter alia, that the circuit court failed to give the Grievance Board’s findings of fact meaningful attention and erred by concluding that the Board did prove that respondent was insubordinate. - Grant 3-2 (Starcher, Albright)

7.  State ex rel. Dana December Smith v. Thomas McBride, Warden, Mount Olive Correctional Complex - No. 080292. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Petitioner asserts that he is entitled to a new trial based upon newly discovered evidence. - Accept to Motion Docket

8.  George Zipf v. The State of West Virginia and Joseph Cicchirillo, Commissioner, West Virginia Division of Motor Vehicles - No. 080030. George Zipf appeals the circuit court’s order which affirmed the decision of the DMV Commissioner to revoke Zipf’s license for six months for DUI. He asserts that the commissioner erred by admitting field sobriety test evidence and the results of the secondary chemical test. - Refuse 3-2 (Starcher, Albright)

9.  Margaret Ann Bates, as the Administratrix of the Estate of Ttahewm Joseph Bates and Two Minor Children (CMB and BMB) and Derak T. Bates (An Unemancipated Adult Beneficiary) v. Valley Radiology, Inc. d/b/a Valley Radiologist, a West Virginia Corporation - No. 080120. The defendant medical provider appeals in a medical negligence case. Defendant asserts eleven assignments of error, including inter alia that plaintiff’s expert testimony should have been excluded under Daubert and Rule 702, the trial court erred by setting aside the damages award in a first trial, the court erred in excluding defendant’s expert witness and in restricting witness testimony in the second trial, the judge erred by expressing his personal beliefs to the jury, the court erred by not using defendant’s proposed verdict form, and the court erred in evidentiary rulings. - Refuse 5- 0

10.  State ex rel. Alex Farmer v. Thomas McBride, Warden - No. 080178. Alex Farmer appeals the circuit court’s denial of his omnibus petition for post-conviction habeas corpus. He was previously convicted of First Degree Murder with a recommendation of mercy, two counts of First Degree Sexual Assault, and Burglary. He asserts several constitutional arguments based upon Zain 1 and Zain 3, the admission of certain evidence and statements, the court’s denial of his motion for judgment of acquittal and motion to strike a juror for cause, alleged juror misconduct, and alleged sentencing error. - Accept to Motion Docket

11.  West Virginia Department of Transportation/Division of Highways v. Angela Beavers and West Virginia Human Rights Commission - No. 080294. The West Virginia Department of Transportation/Division of Highways appeals from a decision from the Kanawha County Circuit Court entered on October 9, 2007, which affirmed in its entirety an opinion of the West Virginia Human Rights Commission entered on July 7, 2005. On November 12, 2004, an Administrative Law Judge issued an Opinion in which he found in favor of the Respondent and awarded relief in the form of ten years of "front pay." - Refuse 3-2 (Maynard, Albright)

12.  In RE: West Virginia Asbestos Mass Litigation Panel for FELA cases: Freda Marlene Ratliff, as Executrix of the Estate of Sparrel Ratliff v. Norfolk Southern Railway Company - No. 080310. The Petitioner, Freda Ratliff as Executrix of the Estate of Sparrel Ratliff, brought a wrongful death action for damages on behalf of her deceased spouse under the Federal Employer’s Liability Act. Petitioner now appeals from the lower court’s Order granting Summary Judgment in favor of the Respondent Norfolk Southern Railway Company. - Accept to Motion Docket

13.  Dan S. McQuain and Jeffrey H. McQuain v. Naomi Brandli, Grail Simmons and Jerry P. Simmonsi - No. 080301. The petitioners appeal from an Order from the Pendleton County Circuit Court which denied any right of way to the plaintiffs’ 4.32 acres through the real estate of the defendants, and granted a right of way through real estate of persons named in another civil action. Petitioners allege that the Circuit Court’s Order dated November 2, 2007, incorporated two separate civil actions into a single Order to affect real estate owned by persons who were not common parties in both actions. - Defer

14.  State of West Virginia v. Hason Cleveland - No. 080276. Defendant appeals from his convictions of first degree murder without mercy and conspiracy to commit first degree murder. Defendant raises procedural and evidentiary errors below. He seeks a reversal of his convictions and a new trial. - Accept to Motion Docket

15.  State of West Virginia v. Danielle Hilling - No. 080281. Defendant appeals from her conviction of first degree murder without mercy and conspiracy to commit murder. Defendant raises evidentiary and procedural errors below and challenges the sufficiency of the evidence. Defendant seeks a reversal of her conviction and either a judgment of acquittal or a new trial. - Accept to Motion Docket

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