April 6, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, April 6, 2005

1. Ralph McKee Liggett v. Wheeling Automobile Club, Inc., et al. - 041734 - A co-defendant petitions for appeal from an order which approved another co-defendant's settlement with plaintiff and which found that the settlement was made in good faith. The petitioner asserts that despite qualifying language in the order, the order may be read as barring a claim for unjust enrichment that the petitioner made against the settling co-defendant in a separate lawsuit. - Refuse 5 - 0.

2. State of W. Va. v. David M. Reed - 041712 - Petitioner appeals his conviction for third offense domestic battery and the enhanced sentence imposed pursuant to the habitual criminal statute. He asserts that the circuit court erred by denying his motion to bifurcate in accordance with an opinion of this Court released shortly after his trial, State v. McRaine, 214 W. Va. 188, 588 S.E.2d 177 (2003). - Grant 3 - 2 , Davis & Maynard.

3. WV Federation of Teachers, AFL-CIO, Judy Hale, et al. v. Mark A. Manchin, Supt., McDowell Co. Bd. of Education, et al. - 041411 - Petitioners appeal from the circuit court's order denying their petition for a writ of mandamus brought by the West Virginia Federation of Teachers on behalf of three teachers whose jobs were eliminated without adherence to W.Va. Code §18A-2-2. Petitioners seek to have the reduction in force overturned or, in the alternative, to allow them to set forth their factual claims before the trial court. - Refuse 3 - 2 , Starcher & Maynard.

4. In the Matter of: Dalton R., Juvenile - 042153 - A juvenile in the lower trial court seeks review, through original jurisdiction, of the Court's disposition of placement at Cornell Abraxas in Shelby, State of Ohio, by Order of the Mineral County Circuit Court dated July 20, 2004 and entered July 22, 2004. - Withdrawn.

5. State of W. Va. v. John J. Jones, Jr. - 041449 - Petitioner appeals his conviction for two counts of fleeing an officer, one count of disorderly conduct, and one count of attempting to disarm a police officer. - Refuse 4 - 1, Starcher.

6. Chris Wilson v. Town of Pratt, Paul Black, as Mayor and John Doe - 042257 - Plaintiff appeals the circuit court's order granting defendants' motion for summary judgment and imposing Rule 11 sanctions. - Defer.

7. Rita K. and Jennifer A. Herrod v. First Republic Mortgage Corp., Inc., dba First Security Mortgage Corp, et al. - 042266 - Plaintiffs appeal a partial summary judgment order in favor of Defendant Washtenaw Mortgage Company. Plaintiffs assert that this defendant engaged in illegal and predatory lending practices. - Grant 2 - 2, Davis & Maynard, Benjamin disqualifed.

8. Thornton Cooper v. City of Charleston - 042278 - Petitioner Thornton Cooper appeals from the circuit court's order upholding the Respondent City of Charleston's "City Service Fee" ordinance. - Grant 4 - 1, Davis.