2.  David S. Moran v. Thermal View Contracting, LLC, Victor Cain, and Eric Facemire - No. 091779. Defendants appeal from an adverse jury verdict in this wage claim action, which included claims for defamation and loss of consortium. Defendants raise issues related to the non-compete agreement, attorney’s fees, and whether treble damage awards were applicable in the case-at-bar. Accept to Motion Docket

3.  State of West Virginia v. Daniel W. Dobbs - No. 091769. Defendant was convicted of felony animal cruelty following a jury trial. He was sentenced to one to five years and fined $1,000. Defendant raises two evidentiary issues in seeking a reversal of his conviction and a new trial. Refuse  5- 0

4.  Christopher G. Morris, State Tax Commissioner of West Virginia v. Heartwood Forestland Fund Limited Partnership; Heartwood Forestland Fund II Limited Partnership; Heartwood Forest Land Fund III Limited Partnership; and Heartwood Forest Land Fund IV Limited Partnership - No. 091785. The State Tax Commissioner appeals from the circuit court’s order affirming the decision of the Office of Tax Appeals finding that respondents, which had been assessed for business franchise tax, were exempt from paying back tax because they were involved in agriculture and farming, which is not subject to business franchise tax. The Tax Commissioner seeks a reversal and the reimposition of the delinquent business franchise taxes. Grant  4- 1, (Ketchum, J.)

5.  State of West Virginia v. Jason Devon Williams - No. 091791. Defendant appeals from a circuit court’s denial of his motion to suppress his confession on the basis that his right to counsel had attached at the time of his questioning. Defendant entered a guilty plea to his indictment with the right to pursue the trial court’s denial of his motion to suppress and with the right to withdraw his guilty plea in the event his petition to this Court is granted and the trial court’s denial of his motion to suppress is reversed. Grant  4- 1, (Ketchum, J.)

6.  Kerry J. Webb v. Raleigh County Emergency Services Authority - No. 091679. Plaintiff Kerry J. Webb appeals the circuit court’s order granting summary judgment to defendant Raleigh County Emergency Services Authority. She asserts that the court erred in finding no genuine issues of material fact in her suit asserting constructive discharge, hostile work environment gender discrimination, and violation of the Wage Payment and Collection Act. Refuse  5- 0

7.  State of West Virginia v. Meredith Lee Vanhoose, Docket No. 092000, and State ex rel. Meredith Lee Vanhoose v. Evelyn Seifert, Warden, Northern Correctional Facility, Docket No. 091722. Meredith Lee Vanhoose appeals his conviction pursuant to conditional guilty plea for one count of First Degree Murder with mercy and one count of Second Degree Murder. His guilty plea was conditioned on the right to appeal speedy trial issues. He also appeals the circuit court’s order denying his petition for writ of habeas corpus where he raised the speedy trial issues and asserted ineffective assistance of appellate counsel for failing to file a direct appeal. The circuit court denied the habeas petition, but re-sentenced petitioner for purposes of pursuing a direct appeal. Grant  4- 1, (Ketchum, J.)

8.  Parks Limited Partnership (Parkview LP), Pine Haven Limited Partnership, and The Hamlets Limited Partnership v. Ottie Adkins, Assessor and the County Commission of Cabell County - No. 091774. The Cabell County Assessor and County Commission appeal the Circuit Court’s order granting summary judgment in favor of taxpayers Parks Limited Partnership (Parkview LP), Pine Haven Limited Partnership, and The Hamlets Limited Partnership in an appeal from the Commission sitting as the Board of Equalization and Review. The case concerns valuation for ad valorem taxation purposes of property built pursuant to the Low Income Housing Tax Credit Program. Grant  5- 0 and Remand

9.  Victory Place, LLC v. Ottie Adkins, Assessor and the County Commission of Cabell County - No. 091808. The Cabell County Assessor and County Commission appeal the Circuit Court’s order granting summary judgment in favor of taxpayer Victory Place, LLC in an appeal from the Commission sitting as the Board of Equalization and Review. The case concerns valuation for ad valorem taxation purposes of property built pursuant to the Low Income Housing Tax Credit Program. Grant  5- 0 and Remand

10.  In re: The Marriage of John G. Chapman v. Louise G. Millikan - No. 091810. Louise G. Millikan appeals the Circuit court’s order which affirmed the Family Court’s rulings on Millikan’s Motion for Contempt and Motion for Reconsideration. This case concerns the division of pension and survivorship benefits in a divorce. Accept to Motion Docket

11.  Tina D. Campbell v. Terry S. Duelley - No. 091824. Tina D. Campbell appeals the circuit court’s order which denied her appeal of family court orders in her suit to establish paternity. The circuit court concluded that the suit was filed beyond the limitations period of W.Va. Code § 42-1-5(c)(1). Refuse  5- 0

12.  State of West Virginia v. Glen O. Wade - No. 091851. Glen O. Wade appeals his conviction for two counts of Sexual Abuse by a Person in a Position of Trust, W.Va. Code § 61-8D-5. He asserts that the statutes pertaining to this crime are unconstitutionally vague, that the court erred by not giving his requested clarifying instructions, that the prosecutor made improper argument, insufficiency of the evidence, and that his sentence is unconstitutionally disproportionate. Refuse  4- 1, (Ketchum, J.)

13.  Jimmy Cozart v. The Board of Education of the County of Raleigh - No. 091764. Petitioner Jimmy Cozart appeal from the Kanawha County Circuit Court’s Order which declined to award any prospective relief to the petitioner. In his initial grievance, Mr. Cozart argued that he was entitled to a 261-day employment contract, retroactive wages, prospective wages, benefits and interest on all monetary sums. Accept to Motion Docket

14.  Richard Rice v. The Board of Education of Raleigh - No. 091789. Petitioner Richard Rice seeks review of a ruling of the Kanawha County Circuit Court which denied, in part, petitioner’s employment grievance. Although the Circuit Court reversed the Grievance Board denial of the grievance in its entirety and granted one year of retroactive relief, the petitioner seeks instatement of a 261-day employment contract, retroactive wages, prospective wages, benefits and interest on all monetary sums. Accept to Motion Docket

15.  Ricky Scarbro v. The Board of Education of Raleigh - No. 091790. Petitioner Ricky Scarbro seeks review of a ruling of the Kanawha County Circuit Court which denied, in part, petitioner’s employment grievance. Although the Circuit Court reversed the Grievance Board denial of the grievance in its entirety and granted one year of retroactive relief, the petitioner seeks instatement of a 261-day employment contract, retroactive wages, prospective wages, benefits and interest on all monetary sums. Accept to Motion Docket

16.  Denver D. Justice v. Susan D. Justice - No. 091847. In this divorce action, petitioner Denver D. Justice appeals from a July 13, 2009, Order of the Logan County Circuit Court which affirmed the Family Court’s award of spousal support in the amount of $1,000 per month and the equitable distribution of marital property. Grant  5- 0

17.  Vivian Knotts and Betty Nelson v. Sharon James and Glen Nelson- No. 091855. Petitioners Vivian Knotts and Betty Nelson, appeal from the Final Order of the Clay County Circuit Court which denied their Motion for Judgment Notwithstanding the Verdict, or in the alternative, Motion for a New trial. Petitioners were the defendants and co-executrixes of the Estate in an action to set aside and revoke the granting of probate of the Last Will and Testament of Irene T. Nelson. A Clay County jury found that the decedent lacked testamentary capacity at the time of the execution of her will on July 29, 2005, and that the Will was the result of undue influence. Grant 3-2 (Davis, J., Workman, J.)

18.  State of West Virginia v. Vernon Fred Rose, Jr. - No. 091865. Petitioner Vernon Fred Rose, Jr., appeals from his conviction by a jury for First Degree Arson and Conspiracy. The Mercer County Circuit Court denied petitioner’s post trial motions. On appeal, petitioner asserts that the trial court allowed evidence from an illegal search and seizure of the petitioner’s premises to be admitted into evidence at trial and also that the court allowed improper expert witness testimony. Refuse  5- 0

19.  State of West Virginia v. Rodney Jason Berry - No. 091826. Petitioner Rodney Jason Berry was convicted by a Raleigh County jury of First Degree Murder and Murder by Lying in Wait. Mr. Berry was sentenced to serve two life sentences without mercy by the Raleigh County Circuit Court. On appeal, petitioner alleges prosecutorial misconduct and court error in arguing that he is entitled to a new trial. Accept to Motion Docket

 
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