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Requests for Oral Presentation
and
Petitions for Appeal
December 9, 1999
1. State of West Virginia v. Lee Edward Jones,
No. 992803. Defendant
appeals his conviction on the felony offenses of 30 counts of first degree
sexual assault, 9 counts of third degree sexual assault and 15 counts of first
degree sexual abuse. Defendant received an aggregate sentence of 49 to 115
years in the State Penitentiary. Defendant seeks a reversal of these
convictions and a remand with directions that the charges be dismissed.
Refuse 3-2
[Starcher, C.J., Scott, J.]
2. Ira Timothy Stone v. St. Joseph's Hospital, No. 992804. Defendants
appeal from a jury verdict in this action brought under the West Virginia
Human Right's Act wherein the jury awarded plaintiff $2,125.44 on his
disability claim and the circuit court awarded plaintiff his attorney's fees and
costs in the amount of $35,886.13. Defendants ask this Court to either find
as a matter of law that the evidence was insufficient to support the jury
verdict and enter judgment in favor of defendants or, in the alternative,
reverse and remand for a new trial.
Refuse 3-2
[Starcher, C.J., McGraw, J.]
3. State of West Virginia v. Geraldine Martin, No. 992817. Defendant
appeals from her conviction on one count of sexual abuse by a custodian for
which she was sentenced to not less than 5 nor more than 15 years.
Defendant's sentence was suspended and she was placed upon 5 years
probation. Defendant seeks a reversal of her conviction or, in the alternative,
a remand.
Accept
4. State of West Virginia v. Clarence E. Boyd, No. 992819. Defendant
appeals from the circuit court's denial of his post-trial motion to dismiss. He
requests that his conviction for possession of a Schedule 1 controlled
substance (marijuana) be set aside.
Accept
5. E. Virginia Metz v. Wood County BOE, No. 992848. The petitioners, E.
Virginia Metz and Frank L. Kesterson, appeal from orders entered in the
Circuit Court of Wood County dismissing the petitioners' claims against the
Wood County Board of Education relating to sexual discrimination and
sexual harassment in the workplace. The basis of the dismissal was that the
petitioners failed to exhaust their administrative remedies before the West
Virginia Education and State Employees Grievance Board.
Refuse 3-2
[Starcher, C.J., McGraw, J.]
6. Joyce Cobb v. J. Ike Brown, No. 992972. The petitioner, J. Ike Brown,
appeals from an order entered in the Circuit Court of Fayette County
directing him to transfer 1/2 of the stock in two automobile dealerships to the
estate of his deceased brother. The controversy arose from the interpretation
of the will of the brothers' father, Guy D. Brown. The Circuit Court ruled
that, pursuant to the will of Guy D. Brown, the petitioner obtained the stock
“in trust” subject to the brothers' claim.
Refuse 5-0
7. State of West Virginia v. Jeffrey D. Bonnett, No. 992976. The petitioner,
Jeffrey Douglas Bonnett, appeals from a jury verdict returned in the Circuit
Court of Gilmer County finding him guilty of: (1) the offense of accessory
before the fact to attempt to kill by poison and (2) conspiracy to commit
murder by poison. The petitioner contends, inter alia, that his convictions
and sentences for those offenses violated principles of double jeopardy.
Accept