5.  Napoleon S., et al. v. Martha Yeager Walker, Secretary, WV DHHR-  32046 - Petitioners appeal from the circuit court's order affirming the decision of the DHHR Board of Review excluding petitioners as adoptive parents. Petitioners seek a review on the issue of grand-parental preference and ask that they be afforded the opportunity to adopt their natural grandson. 

• Supreme Court Order of 11/29/04 sealing court file 

6.  Cynthia Stanley, et al. v. Dept. of Tax & Revenue & Division of Personnel - 31859 - The State Department of Tax and Revenue petitions for appeal from the circuit court's order which requires the Department to pay $1,500 in attorney's fees for each employee who succeeded in a combined state employees grievance case, for a total of $10,500 in attorney's fee. The Department argues that the statute authorizes a maximum of $1,500 for the case. 

• Appellant's Brief
• Appellee's Brief (WV Div. of Personnel)
• Appellee's Brief (Employees)
• Amicus Brief (WV Dept. of Health and Human Resources)

     Constance Buffey v. Harrison County Board of Education - 31868 - Petitioner files an appeal from the circuit court's order setting a cap on the amount of attorney's fees awarded to the petitioner, who was the prevailing party in this case. The Court held that a later passed statute, Code 18-29-8, which allows for "reasonable attorney fees" but contains no set monetary limit, is superceded by the monetary cap contained in Code 18A-2-11, passed many years previously. 

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Amicus Brief (American Federation of State, County and Municipal Employees)

     Shirley Crock, et al. v. Harrison County Board of Education - 31944 - Petitioner files a direct appeal from the circuit court's order reversing its earlier decision to grant reasonable attorney fees and costs pursuant to Section 18-29-8, and instead ordered limited fees as specified in Code Section 18A-2-11 (1985). 

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

7.  In Re: Mark Lee McMillian’s Eligibility for Conditional Admission to Practice Law - 32267 - This case will be heard at 2:00 p.m. Justice Davis and Justice Maynard disqualified.
Judge Hoke and Judge Frazier sitting by temporary assignment.

• Brief of WV Board of Law Examiners
• Brief of Applicant, Mark Lee McMillian

8.  SER Fred Thompson v. Gregory Burton, Ex. Dir., WCC, et al. - 32492  - Dismissed. 

9.  SER Belinda Billups, Guardian, et al. v. Hon. Russell M. Clawges, Jr., Judge, et al. - 32513 - Plaintiffs below seek a writ of prohibition to prevent the enforcement of an order permitting retention of a defense expert that allegedly was not properly disclosed to plaintiffs.

Wednesday, March 23, 2005