Argument
Docket Wednesday, February 10, 2010
1. Brian M. Powell v. Steven L. Paine, State Superintendent of Schools - 34946 - Petitioner, Brian M. Powell, appeals from a Kanawha County Circuit Court Order dated September 17, 2008, which denied petitioner's Motion for Entry of Proposed Order providing for remedies under his West Virginia Code §18A-2-2(c) continuing contract case, as well as reasonable attorney's fees. The lower court reasoned that the proposed order was beyond the scope of this Court's remand order in Powell v. Paine I.
2. Brandy Pingley, et al. v. Huttonsville Public Service District - 34969 - Plaintiffs appeal the circuit court's order granting summary judgment for the defense in their lawsuit asserting damages resulting from a sewer system failure. They argue that the court should have permitted them some discovery.
3. John Brian Harrison v. Commissioner, Department of Transportation - 34970 - The DMV Commissioner appeals the circuit court's order which modified the penalty in a driver's license revocation based upon criminal DUI conviction. The court ruled that the revocation period could not be enhanced by an earlier DUI that occurred during a time period when the DMV did not consider "no contest" dispositions to be convictions for administrative purposes.
Kenneth E. Reese, Jr. v. Commissioner, Department of Transportation - 34971 - The DMV Commissioner appeals the circuit court's order which modified the penalty in a driver's license revocation based upon criminal DUI conviction. The court ruled that the revocation period could not be enhanced by an earlier DUI that occurred during a time period when the DMV did not consider "no contest" dispositions to be convictions for administrative purposes.
4. SER Stephen P. Bowers v. Tom Scott, Administrator, Southwestern Regional, et al. - 34972 - The State appeals the circuit court's order granting Stephen P. Bowers petition for habeas corpus with prejudice, prohibiting the State from a retrial. In 2003 Mr. Bowers was convicted of three counts of sexual abuse by a custodian, one count of sexual abuse in the first degree, and two counts of sexual abuse in the third degree. In the habeas order, the circuit court found that Mr. Bowers was prejudiced by receiving ineffective assistance of trial counsel and by improper comments of the prosecutor.
5. State of West Virginia v. Raymond Lee Elswick - 35014 - Petitioner Raymond Elswick appeals his conviction for one count of voluntary manslaughter, a lesser included offense, and one count of conspiracy. He asserts multiple errors including that the prosecutor failed to timely disclose discoverable evidence, violation of his right to a speedy trial, and a double jeopardy violation.
6. Ronald D. and Deborah Harrald Cobb v. Thomas S. and Christina A. Daughterty - 35015 - Defendants appeal from an adverse jury verdict in this case involving an easement claimed by plaintiffs over the property of defendants. The jury found against plaintiffs on the issue of easement by equitable estoppel, but found in favor of plaintiffs on the theory of implied easement. Defendants seek a reversal and the award of a new trial or a verdict in their favor as a matter of law.
7. Lawyer Disciplinary Board v. John M. Cavendish - 34259
8. Lawyer Disciplinary Board v. William C. Martin - 34734 - Harrison County Commission found Respondent did not properly administer the Estate of Anna Lee Hornor. Respondent misappropriated funds (approximately $13,831.40) from the estate by paying cash to himself and others, and refused to refund money to the estate and refused to provide an accounting to the estate's beneficiaries. Petitioner violated the Rules of Professional Conduct by not acting with reasonable diligence; safekeeping of property, declining or terminating representation; fairness to opposing party and counsel; and misconduct.
9. State of West Virginia v. Glenn Tanner - 07-153 - Pre-Petition matter. - To be presented on briefs only without oral argument.
10. In Re: Bryanna H. and Skylar H. - 35306 - Father appeals circuit court dispositional order placing children with Mother.
Petitions and Briefs on file with the Supreme Court Clerk's Office.
11. State of West Virginia ex rel. Jay M. Potter v. Office of Disciplinary Counsel - 35337 - Pro se Petitioner seeks issuance of a writ of prohibition to bar the Office of Disciplinary Counsel (ODC) from retaining a file with certain private communications that the ODC acquired without Petitioner consent.
