| 1. |
Robert M. Steptoe No. 26850
Refuse 4-1 |
Consolidation Coal Co's. Motion to File Exhibit Under Seal in Steven M. Roberts v. Consolidation Coal Co., No. 26850, scheduled for submission on April 18, 2000. The Exhibit is the Affidavit of Mr. Steptoe which contains the amount of a confidential settlement between Roberts and defendant Hemscheidt Corp. |
| 2. |
Kenneth Wayne Brown Pro se No. 993324 Refuse 5-0 |
Petitioner in State v. Kenneth Brown, No. 993324 requests that his petition be withdrawn and counsel ordered to prepare a proper petition, or that another lawyer be appointed. |
| 3. |
S. F. Raymond Smith No. 27003 Grant 5-0 |
Motion to Withdraw as Counsel for the claimant in Frank Gonzalez, Jr. v. W.C.D. & Kennie-Wayne, Inc., No.27003, scheduled for submission March 17, 2000. |
| 4. |
Chad M. Cardinal No. 000122
Grant 3-2 |
Petition for Writ of Mandamus in SER Steven D.
Canterbury v. Mineral County Commission, No.
000122. The Executive Director of the Regional Jail and
Correctional Facility Authority seeks to compel the
Mineral County Commission and Sheriff to comply with
W.Va. Code § 31-20-10 and incarcerate Mineral County
Jail sentenced inmates in the regional jail system. The
grand opening of a new facility to serve Mineral,
Hampshire, Hardy, Grant and Pendleton counties was
January 28, 2000. The respondents informed Canterbury
that they intended to continue operation of the current
county jail. On January 11, 2000 the Mineral County
Commission unanimously voted to continue using the
county jail. W.Va. Code § 31-20-10 mandates that once
a regional jail facility is available the county shall
incarcerate all persons in the regional facility. The
statutory mandate is plain and unambiguous. It is argued
that the Legislature established the regional jail system in
order to update and modernize our jail system state-wide. The respondents have filed a Motion to Dismiss asserting that the petition is based upon actions they may or may not take in the future. The petitioner has “jumped the gun.” Canterbury replies that the motion is, at best, disengenuous and cites the role of the Commission and numerous articles regarding the Commission determination to continue to operate the county jail. It is argued that the Commission has discontinued communications. |
| 5. |
R. Thomas Czarnik No. 000135 Refuse 5-0 |
Motion for Bond Pending Appeal in State v. Lorenza Valentine, No. 000135. Valentine pled guilty to voluntary manslaughter. He was previously on bond. The bond was revoked due to a plea of guilty to reckless driving and failure to yield to police. There was a high speed chase through a residential area. The circuit court refused to reinstate bond. The State opposes bond. |
| 6. |
John H. Kozak No. 27144 Grant 5-0 |
Claimant's Motion to Supplement Petition in Charles D. Hanson v. W.C.D. & Donaldson Mining, No. 27144. Claimant seeks to supplement with reference to Thacker v. W.C.D., No. 26197. |
| 7. |
Ancil G. Ramey No. 26355 Grant Stay 5-0 Refuse Bond 3-2 [McGraw, J., Costs and Interests] [Starcher, J., Costs] |
Motion for Stay of Mandate Pending Petition for Certiorari to the United States Supreme Court in Kent A. Gerver v. Aurelio Benavides, M.D., No. 26355. The Appellants respond with the request that a performance bond for the full amount of judgment be posted. |
| 8. |
David Karickhoff No. 000151 Grant 3-2 [Davis, J., Scott, J.] |
Motion to Accept Petition for Appeal Out of Time in Karickhoff v. Metcalfe, No. 000151. Respondents object. |
| 9. |
Luke A. Lafferre No. 000281 Grant 5-0 |
Petition for Writ of Mandamus in Norfolk & Western Railway Co. v. Angela Robinson, No. 000281. It is asserted that a transcript from July, 1998 has still not been prepared. |
| 10. |
Gretchen Pyles No. 990421 Moot |
Union Carbide Corporation's Motion to Dismiss Petition for Appeal in Billy E. Dickinson v. W.C.D. & Union Carbide, No.990421. It is stated that the claimant died on December 12, 1999. (Now Moot. Petition refused on 1/31/00. |
| 11. |
Rocco S. Fucillo No. 000054 Response Within 5 Days |
Petition for a Writ of Prohibition in SER DHHR v. Honorable Arthur M. Recht, No. 000054. DHHR seeks to prohibit the effect of an Order directing it to conduct an abuse and neglect investigation “through a child protective services worker who has no affinity or relationship with this particular geographical area.” |
| 12. |
D. Conrad Gall No. 000306 Grant Habeas 5-0 Response Required For Consideration Of Writ of Prohibition |
Petition for Writ of Habeas Corpus and/or Prohibition in
SER John Thompson v. Honorable Fred Fox, II, No.
000306. Thompson was committed to the Marion
County Jail for contempt. In August, 1999 Thompson
was found in contempt of a March, 1998 order requiring
him to make payments on a second mortgage. Mrs.
Thompson had given up the right to claim any portion of Thompson's pension. The Court entered a decretal judgment in the amount of $924.00 and set hearings for November. Thompson made two payments of $186.00. In late September Thompson filed bankruptcy. He was also involved in a motorcycle accident, hospitalized, had DUI charges filed, entered a treatment program and was suspended from his job. At the hearing in November Judge Fox said he thought Thompson's actions were contumacious but that he needed to research the bankruptcy proceeding issues. On January 12, 2000 Judge Fox sent an opinion letter finding that “defendant's failure to pay the monthly payment on the second mortgage is in the nature of alimony, maintenance, or support. Therefore, said debt is non-dischargeable in bankruptcy.” At a hearing on February 7, 2000, Judge Fox ordered that Thompson be jailed for contempt. |
| 13. |
Catherine Munster No. 000305 Refuse 5-0 |
Petition for Writ of Prohibition in SER United Hospital Center, Inc. v. Honorable John Lewis Marks, Jr., No. 000305. In the underlying matter Judge Marks denied United Hospital Center's motion to disqualify plaintiff's counsel, Herbert G. Underwood. It is contended that Underwood has privileged and confidential information about United Hospital directly relevant to the civil action obtained while he was counsel for United Hospital. It is asserted that the breach of trust and fiduciary duty owed to United Hospital will cause irreparable harm that cannot be corrected on appeal. |
| 14. |
David J. Sims No. 000324 Response (5 Days) |
Petition for Writ of Prohibition in SER BKS Development Group Inc. v. Honorable Fred Risovich, II, No. 000324. BKS seeks to prohibit enforcement of an order sealing a Motion for Disqualification. Counsel for BKS requested by letter that Judge Risovich sua sponte disqualify himself to avoid a formal motion which would spread upon the public record a number of “unpleasant matters.” No response. Formal motion filed. By letter Risovich agreed to voluntarily disqualify himself based solely on paragraph 1 that a former bailiff was a stockholder in the defendant corporation. After the process of selecting new judge was complete and an Administrative Order was entered Judge Risovich returned the court file to the Clerk's Office. The Motion for Disqualification had been sealed. It is argued that Judge Risovich exceeded his legitimate power. He had no authority after being disqualified to do anything further in the case. There was no hearing and no notice. Judge Risovich entered the Order sealing the motion sua sponte some 10 days after the Administrative Order reassigning the matter to Judge Wilson. |
| 15. |
James B. McIntyre No. 000326
Grant 4-0 |
Petition for a Writ of Prohibition in SER Honorable Tod
J. Kaufman v. Honorable Paul Zakaib, No. 000326.
This matter arises out of “intensely emotional and
hardball” divorce litigation in Sharon and George W.
Throughout the divorce proceedings numerous attempts
were made by George W. to recuse and disqualify Judge
Kaufman. There was a Chapter 13 bankruptcy petition
filed by George W. after Judge Kaufman entered an
order requiring George W. to reimburse Sharon W. for
all her litigation costs. In November, 1999 Judge
Pearson found that George W. was proceeding in bad
faith and using the bankruptcy proceedings to subvert
court rulings requiring reimbursement to his ex-wife. In
June, 1999 George W. filed a lawsuit against Thomas
Gillooly, attorney for Sharon W., Dr. Bernet and
Vanderbilt University alleging fraud upon the Court,
tortious interference with his custodial relationship,
emotional distress, etc. Notice was given to Judge
Kaufman by George W. that he would take Judge
Kaufman's deposition. Judge Kaufman filed a Motion
for a Protective Order. Judge Zakaib denied the Motion.
The underlying divorce action is still pending and has not
been concluded. Judge Kaufman also raises the issue of a FOIA request to the County Commission of Kanawha County seeking records of all long distance phone calls from Judge Kaufman's office from August, 1996 to present. The Commission has refused. Judge Kaufman also seeks to address this issue in prohibition. |
|
16.
|
Thomas J. Gillooly No. 000326
Refuse 4-0 |
Motion of Sharon B. W. to Intervene in SER Honorable
Tod J. Kaufman v. Honorable Paul Zakaib, No. 000326. |
| 17. |
William C. Forbes No. 000326
Grant 4-0 |
Motion of the Kanawha County Commission to Join in SER Honorable Tod J. Kaufman v. Honorable Paul Zakaib, No. 000326. |
| 18. |
Charles R. Webb No. 000329
|
Petition for Writ of Prohibition in SER David Adkins v. Honorable Eric H. O'Briant, No. 000329. Petitioner requests a rule to show cause why order of 2-1-00 staying the execution of the temporary order of the FLM should stand. This involves custody of a three-year-old child. |