Requests for Oral Presentation
and
Petitions for Appeal

April 22, 999

1.    Mercer County BOE v. Patricia Owensby, No. 990288. Petitioner appeals the circuit court's reversal of the Grievance Board's decision directing that Petitioner be instated into a full-time teaching position with back pay and benefits.

Grant 5-0

2.    Donald E. Ingram v. City of Princeton, No. 990298. Defendant City appeals from a jury verdict awarding Plaintiff compensation for unused sick leave under West Virginia's Wage Payment and Collection Act.

Defer

3.    State of West Virginia v. Grace Alice Tinney, No. 990306. Defendant appeals conviction of grand larceny and conspiracy. She was sentenced to 1 to 10 years for grand larceny and 1 to 5 years for conspiracy, said sentences to run concurrently.

Refuse 3-2
[Starcher, C.J., Workman, J.]

4.    State of West Virginia v. Michael A. Miller, No. 990307. Defendant appeals his conviction of aggravated robbery. He was sentenced to 28 years.

Refuse 3-2
[Starcher, C.J., McGraw, J.]

5.    State of West Virginia v. Roger Dale Runyon, No. 990308. Defendant appeals his felony convictions for delivery of marijuana and possession with intent to deliver. He was sentenced to 1 to 10 years on the delivery conviction, which sentence includes an additional 5 years pursuant to recidivist statutes, and 1 to 5 years for conviction on possession with intent to deliver, said sentences to be served consecutively.

Refuse 5-0

6.     Davis Means v. Charleston Area Medical Center, No. 990335. Defendant appeals the Circuit Court's denial of its motion for summary judgment, both pre-and post-trial, and from the circuit court's granting of plaintiff's motion for additur.

Accept
[Starcher, C.J., Workman, J. Not Participating]

7.    David Rogers v. Victor L. Holmes, No. 990336. Petitioner appeals the circuit court's reversal of the Grievance Board's decision which upheld the Respondent Board's selection of Petitioner as the boy's basketball coach at Martinsburg High School.

Grant 5-0

8.    Carl E. Smith, Inc. v. James Paige, III, Tax Commissioner, No. 990352. Tax Commissioner petitions for an appeal from a decision of the lower court which reversed a administrative decision of the Tax Commissioner and directed the Commissioner to re-calculate the taxpayer's tax liabilities.

Refuse 5-0

9.    State of West Virginia v. Rodney Nagye, No. 990353. Defendant appeals conviction of second degree murder, by use of a firearm. He was sentenced to 40 years.

Refuse 5-0

10.    State of West Virginia v. Lessie C. Conn, No. 990355. Defendant appeals convictions of two counts of delivery of a controlled substance and one count of conspiracy to deliver a controlled substance. She was sentenced to two 1 to 15 year terms and one 1 to 5 year term, to be served consecutively.

Refuse 5-0

11.     Traders Bank v. Continental Ins. Co., No. 990356. Petitioner, Traders Bank, appeals entry of summary judgment for defendant, United States Fidelity & Guarantee Corporation.

Refuse 2-1
[McGraw, J.]
[Starcher, C.J., Workman, J. Not Participating]

12.    State of West Virginia v. Henry Theodore Allen, No. 990360. Defendant appeals conviction on charges of fleeing by use of a vehicle, fleeing by other means (3 counts), obstruction (2 counts), petit larceny, joyriding, destruction of property (2 counts), carrying a concealed weapon and destruction of property (2 counts). Defendant was sentenced to total consecutive sentences of 7 years and 2 months in the county jail with a credit for 251 days.

Grant 5-0

13.    Mingo County Redevelopment Authority v. James Green, Sr., No. 990361. The State Auditor and the Mingo County Deputy Commissioner of Delinquent and Non-entered Lands appeals a lower court order voiding a deed from the State Auditor and the Commissioner to another individual.

Accept

14.    Peter Hartmann v. Morningstar Building, No. 990364. The petitioner, Steven Hartman, appeals from an order entered in the Circuit Court of Berkeley County dismissing his action for failure to prosecute.

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

15.    Mark A. Lynch v. Appalachian Power Co., No. 990382. The petitioners challenge an adverse jury verdict returned in the Circuit Court of Mingo County. The jury awarded damages against the petitioners upon a determination that the respondent, an alcoholic and employee of the petitioners, had been discriminated against upon the basis of a disability.

Grant 3-2
[Starcher, C.J., McGraw, J.]

16.     WV Underground Storage v. Darwin D. Cupp, No. 990384. The petitioners appeal from orders entered in the Circuit Court of Berkeley County granting summary judgment in favor of the respondents and dismissing the petitioner's action, without prejudice. The action concerned a service station gasoline leak and related insurance coverage pursuant to the West Virginia Underground Storage Tank Act.

Refuse 4-1
[Starcher, C.J.]

17.    State of West Virginia v. Davis Wolverton, No. 990386 . The petitioner challenges his conviction in the Circuit Court of Webster County, following a jury trial, of the lesser included, misdemeanor offense of receiving stolen property.

18.    State of West Virginia v. Kelly S. Moore, No. 990412. The petitioner challenges his felony conviction in the Circuit Court of Fayette County of possession of marijuana with the intent to deliver.

Refuse 4-1
[Starcher, C.J.]

19.    Douglas A. Redleski v. George Trent, Warden, No. 990415. The petitioner appeals from an order entered in the Circuit Court of Preston County denying him relief in habeas corpus. In the underlying proceeding upon the indictment, the petitioner was found guilty of a number of sexual offenses concerning an underage victim, and the petitioner's sentence included life imprisonment following the filing of a recidivist information.

Refuse 4-1
[McGraw, J.]