1. State of West Virginia v. Damian R., No. 021603. Defendant, a juvenile status offender, appeals the circuit court’s order granting custody of him to the West Virginia Department of Health and Human Services.

2. State of West Virginia v. Lisa Ann Miller, No. 021604. Defendant appeals from her conviction of brandishing which occurred during a domestic dispute with her husband, the alleged victim. Defendant states that she was the victim of severe physical abuse, and that she was simply acting in defense of herself and others. She asserts procedural and evidentiary errors.

3. State of West Virginia v. Steven E. Adams, No. 021605. Defendant appeals from his conviction for first degree robbery. He seeks a reversal of his conviction due to trial error.

4. State of West Virginia v. Steven E. Adams, No. 021613. Defendant appeals from his conviction for first degree robbery. He seeks a reversal of the jury’s verdict due to an alleged violation of a sequestration order.

5. State of West Virginia v. Jerry Willis Salyers, No. 021609. Defendant pled guilty to 5 counts of sexual abuse in the first degree and was sentenced to 5 consecutive terms of 1 to 5 years each in the penitentiary. Defendant appeals asserting that at the time he pled, as well as sentencing, he did not have the sufficient mental capacity to freely and voluntarily understand and enter the guilty plea nor to understand the proceedings being undertaken.

6. Violet Napier v. Mingo County Board of Education, No. 021641. The Board of Education appeals from the circuit court’s order reversing the West Virginia Education State Employee’s Grievance Board and finding that the Board of Education lacked the discretion to hire itinerant special education aides and adjust their work schedules in order to meet the needs of students.

7. State of West Virginia v. Barbara Ann Smith, No. 021642. Defendant appeals from the circuit court’s order affirming her magistrate court conviction. A jury found defendant guilty of resisting arrest/obstructing officer. She was sentenced to pay a fine of $50 and costs and fees of $287.

8. State of West Virginia v. Kenneth Junior Siner, No. 021643. Defendant appeals from the circuit court’s order affirming the penalty imposed by the magistrate court following defendant’s convictions for brandishing and for assault on a police officer. Defendant asks this Court to either dismiss the action or reverse his conviction with a remand for a new trial in front of a different magistrate.

9. Alexa Iaquinto v. John Iaquinto, No. 021644. Petitioner husband appeals from the circuit court’s order affirming the decision of the family court on issues related to alimony, child support and the award of attorney’s fee’s. Petitioner husband seeks a reversal of the circuit court’s ruling.

10. Nadia Stanley v. Weasel Garry Stanley & West Virginia Department of Health and Human Resources, Bureau for Child Support Enforcement, No. 021672. The Bureau of Child Support Enforcement ("BCSE") appeals from the circuit court’s order holding it and Nadia Stanley Staffer jointly and severally liable to respondent, Weasel Stanley, in the amount of $19,837.96. The BCSE requests that this Court recognize the submission to Federal or State income tax refund offset program as tolling the statute of limitations and to reverse the circuit court’s order granting judgment against the BCSE.

11. Gregory A. Corliss v. Jefferson City Zoning Board of Appeals.,No. 021736. Petitioner, Arcadia Development Co., appeals from the circuit court’s order reversing a decision of the Board of Zoning Appeals, which affirmed the Planning Commission’s grant of a conditional use permit. Arcadia seeks to develop a residential subdivision in Jefferson County in an area designated as a "Rural Zone." Respondents are area residents who oppose the development.

12. Foundation for Independent Living v. Cabell-Huntington Board of Health, No. 021737. The Board of Health appeals from an adverse order in this declaratory judgment action wherein plaintiffs sought temporary and permanent injunctive relief prohibiting the implementation of the Board of Health’s "Clean Indoor Air Regulation." The Board of Health seeks a reversal of that decision.

13. B B Enterprise v. Joseph Palmer, Tax Commissioner, No. 021755. Big Bertha’s appeals from the circuit court’s order affirming the final decision of the State Tax Commissioner which held that commissions paid by an exotic night club to its dancers working as independent contractors are properly subject to the consumer sales and service tax or purchaser’s use tax. The Tax Commissioner’s decision also held that such services rendered did not qualify as services rendered for resale under 110 C.S.R. 15. Big Bertha’s seeks a reversal of the circuit court’s order and the State Tax Commissioner’s decision.

14. JDA Management, Inc. v. Joseph Palmer, Tax Commissioner, No. 021756. JDA Management appeals from the circuit court’s ruling that although the transactions in question were excepted from consumer sales and use tax as services rendered for resale under W.Va. Code §11-15A-2(s) and 110 C.S.R. 15.33.4.5, the transactions were still subject to taxation because nude dancing is excluded from the $3,000 exemption provided for artistic performances under W.Va. Code §11-15-9(a)(41). JDA Management seeks a reversal of the circuit court’s order affirming the decision of the State Tax Commissioner.

15. Phillip P. Nixon v. Mark L. Burke, No. 021758. The Nixons instituted this action seeking the reformation of a land sale contract with the Burkes or, in the alternative, for a recision of the land sale contract. The Nixons asserted that a survey performed almost one year following the closing of the sale revealed a deficiency in the acreage. They argued that there had been a mutual mistake between the parties as to the quantity of acreage. The Burkes filed a motion for summary judgment, which was denied, and the case to trial. The jury which returned a verdict reforming the contract and awarding the Nixons $30,840 as an abatement of purchase price due to deficiency in the acreage. The Burkes seek a reversal and judgment as a matter of law in their favor, or such other relief as may be appropriate.

Refuse 5-0

16. State of West Virginia v. Raymond Richardson, No. 021575. Petitioner appeals his sentence for kidnaping and wanton endangerment involving a firearm.

17. Marietta Woods v. Monroe County Board of Education, No. 021577. Petitioner appeals the Circuit Court’s order upholding the Grievance Board’s denial of her grievance. Petitioner seeks reclassification as a supervisory teacher’s aide and additional compensation.

18. Patrice Green v. CAMC, Inc. v. Edward Wright, M.D., No. 021761. Petitioner appeals the circuit court’s denial of her motion for a new trial after an adverse jury verdict. Petitioner asserts various evidentiary errors and requests a new trial.

Grant 4-1
[ Maynard, J. ]

19. Richard G. Painter v. Stan Farley, Sheriff, No. 021777. Petitioner appeals the circuit court’s refusal to issue a writ of mandamus directing the respondent to reinstate petitioner to his former employment. This is an appeal of the mandamus ruling only; other causes of action in the same civil action remain on the circuit court’s docket.

20. Carl Dorsey v. D.C. Malcolm, Inc., No. 021779. Petitioner appeals the circuit court’s entry of summary judgment in favor of the defendants in a trespass and prescriptive easement case.

21. State of West Virginia v. John Bumgardener, No. 021780. Petitioner appeals his conviction for obtaining a controlled substance by misrepresentation or deception.

22. Carol S. May v. Hollman H. May, No. 021781. Husband appeals the family court’s calculation of equitable distribution in a divorce case.

23. SER George W. Day v. Howard Painter, Warden, No. 021808. Petitioner appeals the denial of his petition for writ of habeas corpus. Petitioner alleges violations of the Interstate Agreement on Detainers Act [W. Va. Code § 62-14-1] and other errors in his criminal prosecution.

24. Gilbert L. Moslander v. Ohio Power Company, No. 021810. Third-party defendant, Champion Elevators, Inc., appeals the circuit court’s granting of a default based upon Champion’s failure to timely file an answer to the third-party complaint.

25. Rebecca Haun v. Monongalia County Board of Education, No. 021812. The Monongalia Board of Education appeals the Kanawha County Circuit Court’s reversal of a decision of the West Virginia Education and State Employees Grievance Board. The Circuit Court ordered the petitioner to post a position for an itinerant special education gifted teacher.

26. Marshall Bond, Jr. v. Phillip Bond, No. 021815. Petitioner co-trustee appeals the circuit court’s decision to appoint two successor co-trustees to administer trust along with petitioner. Petitioner asserts that filling co-trustee vacancies is not permitted under the terms of the trust and that there is no cause to appoint additional trustees. Petitioner also appeals the court’s decision regarding attorney fees.

27. Roy James Yates v. William S. Haines, Warden, No. 021816. Petitioner appeals the denial of his second state petition for habeas corpus pertaining to his criminal conviction for one count of second degree sexual assault. Petitioner asserts that his plea of nolo contendre should be set aside.

28. George Conrad v. Wonder Well Service, Inc., No. 021817. The Circuit Court of Gilmer County certifies a question to this Court asking whether a cause of action exists for negligent destruction of a right of way by a third party. Wonder Well Services, Inc. asserts that the Circuit Court has incorrectly answered the certified question.

29. Lori L. Kaptis and Jimmy D. Kaptis v. James Thomas Marshall, No. 021818. Petitioners appeal the circuit court’s granting of a motion to dismiss in favor of respondent. Petitioners allege that respondent had a duty to prevent his father from driving and is liable for damages purportedly caused by respondent’s father in a car accident.

30. Monroe County Board of Education v. Homer David Carr, No. 021825. Petitioner seeks review of a circuit court decision reversing the reinstatement of employment, retroactive wages, benefits, seniority and interest.

31. State of West Virginia v. Ronnie W. Worley, No. 021826. Petitioner seeks an appeal and reversal of an Order entered by the Putnam County Circuit Court sentencing him to spend the remainder of his natural life in the jail for his convictions of first degree murder and burglary.

32. State of West Virginia v. Mark Forrest Jones, No. 021831. Petitioner appeals from his conviction and sentence for first degree murder, with recommendation of mercy. On appeal, petitioner seeks reversal and remand for a new trial.

33. Sharon A. Atkinson v. Donna S. Anderson & Larry Victor Anderson, No. 021837. The petitioner appeals from a circuit court order which compelled petitioners to convey a certain parcel of land, together with a house together with a right of way for ingress and egress.

34. Sherri Jarrell v. Michael S. Cavender, D.D.S., No. 021839. Petitioner appeals from the circuit court’s granting of a Motion to Dismiss the claim for sexual harassment.

35. State of West Virginia v. Jimmy Dwayne Lawrence, No. 021841. Petitioner seeks reversal of the trial court’s acceptance of a jury verdict finding him guilty for engaging in sexual intercourse with a minor male.

36. Kevin Glenn Thompson v. State of West Virginia, No. 021105. Petitioner was convicted by a jury of delivery of a Schedule I Controlled Substance and Possession with Intent to Deliver a Schedule I Controlled Substance. Petitioner requests that his convictions be vacated or at least remanded for a new trial.