Tuesday, February 11, 2003

 

1.  State of W. Va. v. Marilyn Marie Thompson - 020936 - Petitioner seeks the reversal of her criminal convictions, including convictions for first degree felony murder and robbery, alleging the jury was not properly instructed on the elements of the underlying felonies for the felony murder charge; prosecutorial misconduct; and failure of the court to excuse a juror. - Refuse 3-2, Starcher & Albright.

2.   Arnold Freeland v. WV Division of Motor Vehicles, and Roger Pritt -   020910 - Petitioner appeals from the circuit court's order affirming the DMV Commissioner's one year revocation of petitioner's driver's license for refusal to submit to a secondary chemical (breath) test. Petitioner asserts that errors were committed at the DMV hearing and the Commissioner ignored critical evidence favorable to him without articulating any reasons. - Continued to May 13.

3.  SER Hillard W. Baisden v. Howard Painter, Warden -   021035 - Petitioner appeals from the circuit court's partial denial of his petition for a writ of a habeas corpus.  - Continued.

4.  Joyce Gress, et al. v. Advantage Food Products, Inc., and Perdue Farms, Inc. - 021033 - Defendants in underlying action separately appeal from the circuit court's granting of summary judgment in favor of plaintiff on her West Virginia Wage Payment and Collection Act suit. - 
Grant 5 - 0.*

5.  Joyce Gress, et al. v. Advantage Food Products, Inc., and Perdue Farms, Inc. -  021034 - Defendants in underlying action separately appeal from the circuit court's granting of summary judgment in favor of plaintiff on her West Virginia Wage Payment and Collection Act suit.  - Grant 5 - 0. * Justice McGraw would only grant as to the "yield bonus" issue.  Cases consolidated for argument and decision. 

6.  State of W. Va. v. Joshua Jones - 021236 - The petitioner appeals from the trial court's order of January 8, 2002, denying his motions for judgment of acquittal and to set aside the verdict . At trial, the petitioner was found guilty of First Degree Murder with a recommendation for mercy.  - Refuse 3-2, Starcher & Albright.

 7.  Barbara S. Taylor, Chief, Office of Water Resources, WV DEP, Plaintiff, and Bobby J. Ball, Shirley Ball and the Estate of Frances J. Ball, Intervenors v. Culloden PSD & West Virginia-American Water Co. - 021478 - This case concerns causes of actions for public and private nuisance and trespass arising out of the defendants discharge of pollutants into waters of the State and onto the Intervenor's property. Petitioner appeals from the circuit court's denial of a motion for summary judgment.  - Continued to April 8.