Wednesday, April 4, 2001

1. Douglas M. Coffman v. WV Division of Motor Vehicles, et al.  - 28739 - The Commissioner of the West Virginia Division of Motor Vehicles appeals from an order entered in the Circuit Court of Kanawha County vacating a prior order of the Circuit Court . The prior order affirmed the revocation of respondent Douglas M. Coffman's driving privileges for second offense DUI. A principal issue in the case is whether the respondent was promptly presented to a Randolph County Magistrate following his arrest. The petitioner contends that there was no violation of the prompt presentment rule, and, therefore, the prior order affirming the revocation of the respondent's driving privileges should not have been vacated. 

2. Ernestine Walls v. David L. Click, et al.  - 28721 - The petitioners, David L. Click, Anne C. Click and the Estate of Lewis R. Click, appeal from an order entered in the Circuit Court of Cabell County denying their motion for judgment as a matter of law or for a new trial. The jury found that a 1993 deed, conveying various parcels of real estate to petitioners David and Anne Click, was null and void, thus, in effect, determining that the respondent, Ernestine Walls, was the owner of the property. - Continued to May 8, 2001.

3. Willa Kay Stewart v. Richard M. Stewart  - 28741- The petitioner, Richard M. Stewart, appeals from an order entered in the Circuit Court of Cabell County awarding the respondent, Willa Kay Stewart, a divorce upon the ground of mental cruelty and, in addition, awarding her permanent alimony. The petitioner contends, inter alia, that the respondent failed to prove mental cruelty and should have been awarded rehabilitative alimony, rather than permanent alimony. 

4. June Glover, Exe’x/Per. Rep., et al. v. St. Mary’s Hospital of Huntington, Inc., et al. -  28738 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of the defendant hospital. 

5. State of W. Va. v. David McDaniel  - 28740 - The petitioner, David McDaniel, appeals from his convictions in the Circuit Court of Ohio County of first degree sexual abuse and burglary. The petitioner contends, inter alia, that the Circuit Court erred in allowing the admission of certain Rule 404(b) evidence against him, which consisted of the testimony of a witness who stated that the petitioner, twelve years previously, had beaten and raped her. -  Continued to June 5, 2001.

6. Floyd Whorton, et al. v. Carol Malone, et al.  - 28724 - Landowners seek to appeal the lower court's grant of summary judgment in suit against adjacent and nearby property owners for water overflow spillage. - To be presented on briefs only without oral argument.

7. State of W. Va. v. Lloyd Mitchell Dews  - 28736 - Defendant appeals from his conviction for DUI, 3rd offense, and other related offenses. 

8. SER Timothy Dwayne Justice v. George Trent, Warden  - 28737 - Petitioner seeks relief from the circuit court's order granting respondent's petition for a writ of habeas corpus and granting to respondent a new trial in his criminal case.  -  Continued to June 5, 2001.

* 9. SER Denise L.B. v. Hon. Robert A. Burnside, Judge, et al.  - 29105 - No summary available.

10. James B. Jones, et al. v. Sidney L. Jones, Co-Exe., et al.  - 28723 - Petitioners seek to appeal lower court's grant of summary judgment in a matter involving the creation and handling of an estate.