1. Patrick M. Mays, Administrator v. Hoa Chang, M.D., No. 020332. Plaintiff appeals from the adverse jury verdict in this medical malpractice action alleging various trial errors.

Accept To Motion Docket

2. Ann Tierney Smith v. First Community Bancshares, Inc., No. 020217. Defendants appeal from the circuit court’s order dismissing their claim for legal fees and costs in relation to defending against the plaintiffs’ claim of fraud.

Accept To Motion Docket

3. Ann Tierney Smith v. First Community Bancshares, Inc., No. 020260. Plaintiffs appeal from the circuit court’s order denying their motion for summary judgment and finding that the invasion of the corpus of a marital trust was authorized by the Will creating the Trust. Plaintiffs also appeal from the circuit court’s directed verdicts in favor of defendants on plaintiffs’ claims for breach of fiduciary duty and fraud.

Accept To Motion Docket

4. Lois Renaldo v. Randall Renaldo, No. 020221. Petitioner father appeals from the circuit court’s order approving a recommended decision of the family law master regarding petitioner’s motion for a modification of the custody and visitation with his two daughters born of the parties’ marriage.

Refuse 4- 0
[ Starcher, J., Not Participating ]

 

5. Short Furniture Co. v. Creative Communications LLC, No. 020225. Defendant appeals from the circuit court’s order denying defendant’s objection to plaintiff’s notice of foreign judgment. The circuit court found that defendant had sufficient contacts with Illinois to subject it to that State’s jurisdiction and that such jurisdiction was reasonable.

Refuse 4- 0
[ Starcher, J., Not Participating ]

 

6. John D. Moye v. Curt D. Worrell, No. 020223. Plaintiff appeals from an adverse jury verdict in this action seeking both personal and property damages arising out of an action for trespass, assault, destruction of property, breach of peace and intentional infliction of emotional distress. Plaintiff seeks either a reversal of the circuit court’s refusal to enter judgment in favor of plaintiff as a matter of law, a reversal of the jury’s verdict, or a remand for a new trial.

Refuse 4- 0
[ Starcher, J., Not Participating ]

7. State of West Virginia v. Toberious Wall, No. 020229. Defendant moved the circuit court for release from confinement by filing a writ of habeas corpus. The circuit court denied the motion and, on November 29, 2001, ordered defendant to be returned to the State of Rhode Island. Defendant appeals from that Order.

Refuse 3-1
[ Albright, J. ]
[ Starcher, J., Not Participating ]

 

8. Cathy M. Kirwan v. Stephen M. Kirwan, No. 020231. Petitioner appeals from the circuit court’s order adopting the family law master’s recommended order as it relates to the calculation of child support and the inclusion of post-divorce overtime compensation.

Grant 2- 2
[ Davis, C.J. & Maynard, J.]
[ Starcher, J., Not Participating ]

 

9. State of West Virginia v. Robert Wise, No. 020238. Defendant appeals from his convictions on incest, third degree sexual assault, and sexual abuse by a parent. He was sentenced to 5 to 15 years for the incest and 1 to 5 years on the third degree sexual assault, those sentences to run concurrently with each other and consecutively to the 10 to 20 year sentence on the sexual assault by a parent. Defendant raises various evidentiary errors.

Accept To Motion Docket
On issues 2 and 3 only

 

10. SER Cordell Parrack v. Harold Painter, Warden, No. 020249. Petitioner appeals from the circuit court’s denial for his petition for a writ of habeas corpus.

Refuse 3-1
[ Albright, J. ]
[ Starcher, J., Not Participating ]

 

11. State of West Virginia v. Douglas Gene Snider, No. 020250. Defendant plead guilty to second offense DUI. His plea agreement was conditioned upon him being allowed to appeal the circuit court’s ruling on his motion to exclude evidence.

Refuse 2- 1
[ McGraw, J. ]
[ Albright J., Disqualified ]
[ Starcher, J., Not Participating ]

12. In Re the Marriage of: Richard Wilson v. Shurleah Wilson, No. 020262. Petitioner wife appeals from the circuit court’s order as it relates to the distribution of a parcel of real estate in this divorce action.

Refuse 3-1
[ Albright, J. ]
[ Starcher, J., Not Participating ]

13. SER Stanley M. Myers v. Howard Painter, Warden, No. 020263. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. He seeks a reversal of that order and the award of a new trial.

Grant 2- 2
[ Davis, C.J. & Maynard, J. ]
[ Starcher, J., Not Participating ]

14. Douglas M. Coffman v. West Virginia Department of Motor Vehicles, No. 020031. The petitioner, Douglas M. Coffman, challenges the mandate order of this Court in Coffman v. West Virginia Division of Motor Vehicles, 209 W.Va. 736, 551 S.E.2d 658 (2001), which reinstated a ruling of the Circuit Court of Kanawha County revoking the petitioner’s driving privileges for second offense DUI. The petitioner states that, inasmuch as the appeal in Coffman was brought by the respondent Division of Motor Vehicles and since the Coffman decision did not reach all of the issues in the case, this appeal is proper. The petitioner contends that a delay by the State in presenting him to a magistrate on the night in question rendered his DUI arrest invalid which, in turn, resulted in an improper revocation of his driving privileges.

Refuse 3- 1
[  Maynard, J. ]
[ Starcher, J., Not Participating ]

15. Lincoln L. Beatty v. Ford Motor Co., No. 020264. In this action, concerning a single vehicle accident, the petitioner and plaintiff below, Lincoln Beatty, appeals from a summary judgment entered in the Circuit Court of Monongalia County in favor of the respondent and defendant below, Ford Motor Company. The petitioner contends that the Circuit Court committed error in concluding that the petitioner failed to make a sufficient showing upon his theories of strict liability and res ipsa loquitur.

Accept To Motion Docket

16. State of West Virginia v. Marvin Haden, No. 020266. The petitioner, Marvin Haden, appeals from his conviction in the Circuit Court of Randolph County of DUI third or subsequent offense. The petitioner contends, inter alia, that the Circuit Court committed error in allowing the State to correct an error in the indictment upon the day of trial.

Accept To Motion Docket

17. In the matter of: Petition of Kelly Shawn B. for Adoption, No. 020267. The petitioners, Richard S., David C. and Sheri C., appeal from an order entered in the Circuit Court of Monroe County holding that the respondent, Kelly Shawn B., is entitled to adopt an infant child. Petitioner Richard S. is the child’s natural grandfather, and respondent Kelly Shawn B. is Richard’s former wife and the child’s step-grandmother. The petitioners, as "blood relatives" of the child, challenge the Circuit Court’s conclusion that the child may be adopted by the respondent.

Refuse 4- 0
[ Starcher, J. Not Participating ]

18. Judy Lea Younger v. West Virginia Department of Public Safety, No. 020295. The petitioner, Judy L. Younker, appeals from a summary judgment entered in the Circuit Court of Kanawha County in favor of the respondent, West Virginia Department of Public Safety. The petitioner, who worked for the respondent for 19 years as a radio dispatcher, alleged that the respondent violated the West Virginia Human Rights Act: (1) by denying her request for an extended medical leave and (2) by discharging her from her employment. The petitioner contends that the respondent could have reasonably accommodated her had it granted her request for an extended medical leave.

Refuse 3- 1
[ McGraw, J. ]
[ Starcher, J., Not Participating ]

19. Michelle Fuller v. Alice M. Riffe, No. 020268. The petitioner, Michele Fuller, appeals from an order entered in the Circuit Court of Raleigh County vacating a jury verdict favorable to her and entering judgment for the respondents, Alice M. Riffe and Ellis Riffe. The petitioner is the Executrix and sole beneficiary of the Estate of Guy Meek, deceased. Mr. Meek conveyed his home to the respondents shortly before his death. The controversy concerns whether the conveyance was a sale of the property ( for which the respondents must pay $60,000 ) or a gift.

Grant 4- 0
[ Starcher, J., Not Participating ]

 

20. In Re the Marriage of Brenda Jobes and John Jobes, No. 020270. In this divorce action, the petitioner, Brenda M. Jobes, appeals from an order entered in the Circuit Court of Wood County awarding custody of the parties’ two children to the respondent, John D. Jones. The petitioner, emphasizing that she was the primary caretaker of the children and a good parent, contends that the Circuit Court and Family Law Master committed error in basing the custody decision upon the petitioner’s relationship with a third party.

Grant 2- 2
[ Davis, C.J. & Maynard, J. ]
[ Starcher, J., Not Participating ]

21. State of West Virginia v. Gary Wayne Kent, No. 020330. The petitioner, Gary Dewayne Kent, appeals from his conviction in the Circuit Court of Marion County of murder of the first degree, without mercy. The conviction arose from the shooting death of Thomas Lee Allen during an alleged robbery. The petitioner raises a number of assignments of error.

Accept To Motion Docket

22. Jerry A. Berardi v. Meadowbrook Mall Co., No. 020333. The petitioners, Jerry A. Berardi, Betty J. Berardi and Bently Corporation, appeal from a summary judgment entered in the Circuit Court of Harrison County in favor of the respondents, Meadowbrook Mall Company and The Cafaro Company. The petitioners, who operated restaurants in the Mall, brought an action for damages allegedly caused by the respondents’ fraudulent and coercive tactics in settling claims for the petitioners’ unpaid rent. The petitioners contend that the Circuit Court committed error in holding that a June 1997 release barred the petitioners’ action.

Grant 4- 0
[ Starcher, J., Not Participating ]

23. William D. Zorick v. Department of Public Safety, No. 020334. The petitioner, William David Zorick, appeals from an order entered in the Circuit Court of Harrison County denying him relief in habeas corpus. In the underlying case, the petitioner entered pleas of guilty to five counts of uttering, and his probation as to those convictions was revoked for an alleged marihuana violation. The petitioner contends, inter alia, that the Circuit Court was without jurisdiction to revoke his probation.

Refuse 4- 0
[ Starcher, J., Not Participating ]

24. Clarice Thompson v. Timothy S. Boggs, No. 020341. In this personal injury action the petitioners, Clarice Thompson and Wilford Thompson, appeal from an order entered in the Circuit Court of Logan County denying their post-trial motions following a jury verdict in favor of the respondent, Timothy Shawn Boggs. The action arose from a motor vehicle accident on U.S. Route 119 in Logan County. The petitioners contend, inter alia, that the Circuit Court committed error at trial in allowing the opinion evidence of the investigating officer that Mrs. Thompson caused the accident.

Refuse 4- 0
[ Starcher, J., Not Participating ]

25. Edna F. Davis v. Earnest Beckelheimer v. Lori Pennington, No. 020347. The petitioner, Lori Pennington, appeals from an order entered in the Circuit Court of Cabell County evicting her as a tenant from the mobile home park of the respondent, Edna F. Davis. In so holding, the Circuit Court determined that the petitioner was a month-to-month tenant who could be evicted without cause. The petitioner, who has lived in the park for approximately eight years, contends, inter alia, that the eviction was contrary to the "termination of tenancy" provisions of W.Va. Code, 37-15-1 [1993], et seq., which statutory scheme applies to house trailers, mobile homes, manufactured homes and modular homes.

Accept To Motion Docket

26. In re the Marriage of Yoland Teresa Keith and James Aaron Keith, No. 020349. The petitioner, Yolanda Teresa Keith, appeals from an order entered in the Circuit Court of McDowell County adopting the recommended decision of the Family Law Master with regard to the petitioner’s divorce from her husband, respondent James Aaron Keith. The petitioner raises a number of assignments of error, including her contention that the Circuit Court committed error in failing to award her rehabilitative alimony.

Refuse 4- 0
[ Starcher, J., Not Participating ]