April 1, 2008 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Tuesday, April 1, 2008

1. Certain Underwriters at Lloyds London v. Pinnoak Resources, LLC and Pinnacle Mining Company, LLC - 073041 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendants and from the circuit court's order denying their motion to alter or amend the summary judgment order. This breach of contract action arises out of plaintiffs' assertion that defendants failed to pay the premium for a 5-year policy. Plaintiffs challenge the circuit court's findings regarding the meaning of certain policy language and the effect of a settlement agreement on the policy premium. - Grant 4 - 1, Maynard.

2. Valley Water and Sewer v. Public Service Commission of WV and Deerwood Homeowners Association - 073622 - Grant 4 - 1, Benjamin.

3. State v. Daniel Ray Hopkins Petitioner: WVDHHR/Sharpe Hospital - 073241 - Sharpe Hospital appeals the circuit court's order committing defendant to Sharpe Hospital after finding him to be mentally ill and a danger to himself or others. The circuit court made any future discharge from the civil commitment contingent upon approval of the court. Sharpe Hospital raises several issues, including that the circuit court was without jurisdiction to civilly commit the defendant and that it exceeded its authority by making the defendant's discharge contingent upon the court's approval.- Refuse 3 - 2, Starcher & Albright.

4. State v. Warren Hester - 072690 - Defendant was convicted of sexual assault, battery, kidnaping, and nighttime burglary. Defendant appeals and seeks a reversal of his conviction. He asserts numerous evidentiary and procedural errors below, including Rule 404(b) evidence and instructional errors. - Continued to May 20.

5. State v. Steven A. Robinson - 073557 - Defendant appeals from the circuit court's order removing him from the Anthony Center, sentencing him to the Penitentiary for 15 years, and ordering him to pay $4300 in restitution, jointly and severally with his co-defendants. Defendant contends that the testimony given at the hearing held before the circuit court upon his return from the Anthony Center was inadmissible hearsay and that the Anthony Center's disciplinary process violated his due process rights. - Continued to May 20.

6. Gary D. Massey v. Eastern Associated Coal Corporation, et al. - 073643 - The petitioner, Gary Massey, appeals the trial court's ruling granting Summary Judgment on behalf of defendants and determined that the plaintiff could not bring a claim for disability discrimination. The petitioner asks that the proceeding be remanded to the trial court and that a new trial be granted. - Refuse 3 - 2, Starcher & Albright.

7. SER Mark Damron v. William Haines, Warden- 073505 - Mark Damron appeals the denial of his post-conviction petition for habeas corpus. He was previously convicted of one count of First Degree Arson and one count of Second Degree Arson. He asserts, inter alia, Miranda and Crawford violations, double jeopardy for double punishment for the same offense, and ineffective assistance of trial counsel and previous habeas counsel. - Grant 5 - 0.

8. Sherry Jones v. Princeton Memorial Hospital Co. dba Princeton Health Care Center - 072801 - Defendant below, Princeton Memorial Hospital Company d/b/a Princeton Health Care Center, appeals the circuit court's denial of its motion for new trial after an adverse jury verdict in a wrongful termination case, and appeals the court's award of plaintiff's attorney's fees. - Refuse 4 - 1, Maynard.

9. Joni L. Hartley v. CSX Transportation, Inc. - 073745 - Plaintiff below, Joni L. Hartley, appeals the circuit court's order denying her motion for a new trial on the issue of damages only. She argues that the amount of the verdict was manifestly inadequate and not supported by the evidence. Refuse 4 - 1, Albright.