May 9, 2005
1. West Virginia Department of Health and Human Resources, Bureau for Child Support Enforcement v. Kimberly Smith - No. 050448. The Bureau of Child Support Enforcement petitions this Court to accept the questions certified by the circuit court as follows:
Certified Question One:
Does the Family Court have jurisdiction to establish child support if the same child is also the subject of a pending proceeding or order under Chapter 49 of the West Virginia Code, when no order of the Circuit Court addresses child support?
Answer of the Circuit Court: Yes.
Certified Question Two:
May the Circuit Court transfer jurisdiction to the Family Court to calculate child support in a proceeding under Chapter 49 of the West Virginia Code by administrative order en masse?
Answer of the Circuit Court: No.
Certified Question Three:
May the Circuit Court transfer jurisdiction to the Family Court to calculate child support in a proceeding under Chapter 49 of the West Virginia Code by administrative order on a case by case basis?
Answer of the Circuit Court: No.
Grant 5 - 0
2. West Virginia Department of Transportation, Division of Highways, a public corporation, and Fred VanKirk, P.E., Secretary/Commissioner of Highways v. Eugene Capriotti and Louis B. Athey, et al. - No. 050148. Petitioners appeal from the jury’s verdict rendered in favor of defendant Athey in the amount of $914,000 for the partial taking of "Parcel 75" in this condemnation action. Petitioners seek a reversal of the circuit court’s rulings in this matter.
Refuse 4- 0
[ Starcher, J. Not Participating ]
3. Dorothy Carol Forman and Randy Ray Forman v. Kristie Miller, Waylon Miller, and State Farm Mutual Automobile Insurance Company - No. 050151. Plaintiffs appeal from an adverse jury verdict on the issue of proximate cause and damages following a motor vehicle collision where the defendant driver admitted liability.
Refuse 3- 1
[ Albright, C. J. ]
[ Starcher, J. Not Participating ]
4. Sonia L. Hice, an individual v. Darrell Johnson, dba Darrell Johnson Iron and Metals, and Coastal Coal Company, LLC, a limited liability company, and Darrell Johnson v. Interstate Insurance Group, and Enterprise Mining Company, LLC (formerly known as Coastal Coal Company, LLC v. Landmark American Insurance Company, and DVUA/West Virginia, Inc., and Interstate Insurance Group, a Delaware corporation v. Sonia L. Hice and Coastal Coal-West Virginia. LLC - No. 050152. Plaintiff appeals from an adverse jury verdict in this wrongful death action.
Refuse 4- 0
[ Starcher, J. Not Participating ]
5. In Re: The Marriage of Girmay Berhie and Asli Hassan Berhie - No. 050165. Petitioner husband appeals from the circuit court’s order affirming the decision of the family court awarding respondent wife rehabilitative alimony in the amount of $15,000 per year for 3 years.
Refuse 4- 0
[ Starcher, J. Not Participating ]
6. State of West Virginia v. Jehu M. Fultz - No. 050166. Defendant appeals from the circuit court’s Victim Impact Judgment. Defendant seeks a reversal and a new hearing requiring the State to present competent evidence demonstrating the total loss sustained by the victims.
Refuse 4- 0
[ Starcher, J. Not Participating ]
7. State of West Virginia v. James L. Pawlak, Jr. - No. 050167. Defendant appeals from his conviction for misdemeanor possession of a controlled substance (marijuana). He seeks either a dismissal of the charges or, in the alternative, a new trial.
Refuse 4- 0
[ Starcher, J. Not Participating ]
8. Brenda Donnellan for Lewis County Coalition Against Gambling Expansion, and Rev. Cliff West for Lewis County Ministerial Association v. County Commission of Lewis County; Mary Lou Myers, Clerk, and Tom Fealy, Sam Hicks, Robert Conley, members; and Board of Ballot Commissioners of Lewis County; John B. Hinzman, Louella Clem, and Marjorie Dewey- No. 050173. Plaintiffs appeal from the circuit court’s denial of their petition for a writ of mandamus seeking to compel the Board of Ballot Commissioners of Lewis County to remove a proposed casino gambling referendum from the November 2, 2004, general election ballot.
Refuse 4- 0
[ Starcher, J. Not Participating ]
9. Martha J. Donnellan v. Harrison County Board of Education (HCBE) and Sharon Douglas - No. 050222. Petitioner grievant appeals from the circuit court’s order dismissing a portion of her appeal as untimely filed and affirming the final decisions of the Grievance Board relative to the filling of the position of Director/Coordinator for Child Nutrition Services.
Refuse 4- 0
[ Starcher, J. Not Participating ]
10. State of West Virginia v. Jason Eugene Horton - No. 041221. Petitioner appeals his conviction based upon a conditional guilty plea to possession with intent to deliver marijuana. He reserved the right to appeal the court’s refusal to suppress physical evidence seized after a narcotics-detection dog alerted outside of his vehicle during a traffic stop.
Refuse 4- 0
[ Starcher, J. Not Participating ]
11. State of West Virginia v. D’Risen Sean Douglas - No. 041560. Petitioner appeals his conviction for possession with intent to deliver marijuana. He entered a conditional plea of guilty, reserving his right to appeal the denial of his motion to suppress evidence.
Refuse 3- 0
[ Albright, C. J. Not Participating]
[ Starcher, J. Not Participating ]
12. State of West Virginia ex rel. Lt. Joel Schreiner v. Jenard Y., a Juvenile, and Cassandra P., his mother - No. 050180. A juvenile defendant petitions for appeal from the circuit court’s order transferring his case to the adult criminal jurisdiction of the court.
Refuse 3- 1
[ Albright, C. J. ]
[ Starcher, J. Not Participating ]
13. State of West Virginia v. Brian H. Cunningham - No. 050186. Petitioner appeals his convictions for conspiracy and first degree murder with a recommendation of mercy.
Refuse 3- 1
[ Albright, C. J. ]
[ Starcher, J. Not Participating ]
14. Wanda L. Graham and E. Gordon Graham v. Big Sandy Furniture, Inc., a Kentucky Corporation - No. 050208. Plaintiffs appeals the circuit court’s order dismissing their case pursuant to the statute of limitations. The court found that the saving statute, W.Va. Code § 55-2-18, did not apply.
Refuse 4- 0
[ Starcher, J. Not Participating ]
15. Joseph T. Fleming and Kathleen R. Fleming v. Farmers & Mechanics Mutual Insurance Company of West Virginia, Inc. - No. 050177. Defendant insurance company petitions for appeal from the court’s order granting partial summary judgment to the plaintiff policyholders. The court held that the insurance company breached the insurance contract by failing to provide a defense to the policyholders in a lawsuit.
Refuse 4- 0
[ Starcher, J. Not Participating ]
16. Charles Robert Parkins v. West Virginia Department of Environmental Protection - No. 050225. Petitioner appeals from the Circuit Court’s order affirming the decision of the Education and State Employee’s Grievance Board. The petitioner’s grievance was dismissed as untimely filed.
Refuse 4- 0
[ Starcher, J. Not Participating ]
17. State of West Virginia v. Michelle L. McCracken - No. 050246. Petitioner appeals her conviction for three counts of first degree murder with recommendations of mercy.
Grant 2 - 2
[ Davis, J, Maynard, J. ]
[ Starcher, J. Not Participating ]
18. In the Marriage of Steven M. Gibson v. Amy E. Gibson - No. 050247. Petitioner Mrs. Gibson appeals from the circuit court’s order affirming the family court on issues surrounding a parenting plan and custodial time with the parties’ child.
Refuse 4- 0
[ Starcher, J. Not Participating ]
19. J. R. Nelson, as Administrator of the Estate of Jimmy Nelson, deceased, v. Devonna Casto, individually and as next friend of Kristen Marie Casto, Kerry Ray Casto, II, and Darren Charles Casto, minors- No. 050249. Defendant appeals the circuit court’s declaratory judgment order finding that she and her minor children are not entitled to a share of the proceeds of a wrongful death settlement.
Refuse 4- 0
[ Starcher, J. Not Participating ]
20. Larry D. Holdren v. DiTrapano, Barnett & DiPiero, PLLC - No. 050235. Plaintiff appeals the circuit court’s summary judgment order in a declaratory judgment action. The court awarded the defendant law firm a 40% contingency fee on a $1,650,000 Court of Claims award.
Refuse 4- 0
[ Starcher, J. Not Participating ]
21. Debra Santer v. The Kanawha County Board of Education - No. 050237. Petitioner appeals the Circuit Court’s order affirming the Grievance Board’s decision denying her employment grievance. Petitioner asserts that the Respondent Kanawha County School Board relied upon incorrect information when it hired a less-qualified person to be principal of an elementary school.
Refuse 4- 0
[ Starcher, J. Not Participating ]
22. Gloria Banks v. City National Bank of West Virginia/Paul White Chevrolet, Inc. - No. 050223. Petitioner appeals a final judgment from the Kanawha County Circuit Court granting summary judgment. The issue arose from a botched title examination which resulted in petitioner’s home being sold at a creditor’s suit. Petitioner filed suit under the Consumer Credit and Protection Act.
Accept to Motion Docket
23. Charles A. Hurth, III for Kanawha Manufacturing Trust v. Kanawha County Manufacturing Company, et al. - No. 050243. Petitioner seeks review from a Final Order entered on September 21, 2004 which determined that the "fair value" of shares of Kanawha Manufacturing stock is $625 per share.
Refuse 4- 0
[ Starcher, J. Not Participating ]
24. Phillip H. Willis and Rita H. Willis v. James Pate and State Farm Mutual Insurance Company - No. 050244. Petitioner appeals to challenge the jury awarding punitive damages in the amount of $75,000. In a post-trial review, the Court found the punitive award to be proper. Petitioner filed a Motion for a New Trial Regarding Punitive Damages Only. The Court denied the motion and the petitioner appeals from the Court’s Order of denial.
Accept to Motion Docket
25. Mazola Evans and Ira Evans v. The West Virginia Department of Transportation/Division of Highways and Melvin Shein - No. 050260. Petitioner files a direct appeal from the circuit court’s order granting judgment to the DOH on the grounds that the DOH is protected by the State’s constitutional immunity from the Evans’ personal injury claims.
Refuse 3- 1
[ Albright, C. J. ]
[ Starcher, J. Not Participating ]
26. State of West Virginia ex rel. Joseph A. Buffey v. Michael Coleman, Warden - No. 050262. This is a habeas corpus petition wherein petitioner alleges that he entered a guilty plea without the benefit of all evidence in the case being provided to him prior to the entry of his pleas. Petitioner alleged ineffective assistance of counsel, misconduct by the Prosecutor and Clarksburg Police Department, and the discovery of exculpatory evidence.
Accept to Motion Docket
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