and

1.    WV Board of Medicine v. Diane Shafer, M.D., No. 993335. Petitioner, the West Virginia Board of Medicine, appeals from the circuit Court's order vacating the Board's order that revoked the medical license of respondent, Diana Shafer, M.D. The Board seeks a reinstatement of its order.

[McGraw, J.]
[Scott, J. Disqualified]

2.    Robert Allen Rose v. Gail Joyce Rose, No. 993337. Petitioner requests that the circuit court's decision in this divorce modification proceeding be reversed or, in the alternative, the action be remanded for further hearing.

Refuse 5-0

3.    WVHRC/Jan A. Creasey v. South Charleston, No. 993338. Petitioners appeal from the circuit court's order reversing the final order of the West Virginia Human Rights Commission. Petitioners seek a reversal of the circuit court's order and a reinstatement of the Commission's final order.

4.    State of West Virginia v. Tyler K., No. 993339. This juvenile defendant, who was adjudged a juvenile delinquent based upon his guilty plea to the offense of incorrigibility, appeals his sentence and placement at the West Virginia Children's Home in Elkins.

5.    State of West Virginia v. Eric Kenneth Wykle, No. 993342. Petitioner appeals from his conviction of unlawful wounding. He was sentenced to an indeterminate term of not less than one nor more than five years, which sentence was suspended and defendant was placed on probation for a period of 18 months. Defendant was also ordered to serve 120 days in the South Central Regional Jail.

6.    In The Matter of Adoption of Rodney D. E., No. 993343. Petitioner seeks a reversal of the circuit court's order denying her petition to vacate the adoption of her legitimate child pursuant to W.Va. Code § 48-4-6(a).

[Scott, J. Disqualified]

7.    State of West Virginia v. Clyde J. Hedrick, No. 993346. Defendant appeals from the circuit court's denial of defendant's motion to withdraw his guilty plea.

8.    Joe Wright-SER v. Paul Kirby, Commissioner, No. 993366. Defendant petitions this Court for habeas corpus relief asserting that he was convicted and sentenced under the wrong statute.

 

[Scott, J.]

9.    State of West Virginia v. Russell Lopez, Jr., No. 993378. Defendant appeals from the circuit court's sentencing orders of July 27, 1999, and September 7, 1999, which imposed restitution to the victim of the battery. Defendant seeks a reversal of the restitution order and a remand for re- sentencing with instructions limiting the circuit court's sentencing discretion to the maximum sentence originally imposed by the magistrate court. In the alternative, defendant seeks a reversal of the circuit court's order of restitution and a remand to the circuit court for a full hearing on the issue of the amount of restitution.

Refuse 3-2

[Starcher, J., Scott, J.]

10.    Roderick A. Devison v. Wal-Mart Stores, No. 993381. Plaintiff appeals from the circuit court's dismissal of his action against defendants alleging invasion of privacy and negligent infliction of emotional distress.

[Starcher, J., McGraw, J.]

11.    Richard Aikens v. Robert Debow, No. 993388. This is a certified question case from the Circuit Court of Berkeley County. The question concerns whether a claimant, who has sustained no physical damage to his person or property, may maintain an action against another for negligent injury to another's property which results consequentially in purely economic loss to the claimant.

[McGraw, J.]

12.    Tax Assessment Again v. American Bituminous, No. 993389. The petitioners, Marion County Commission and State Tax Commissioner, appeal from an order entered in the Circuit Court of Marion County determining that the true and actual value of the power plant of the taxpayer, American Bituminous Power Partners ( for State ad valorem tax purposes ) for the year 1996 was $18,812,725, rather than $45,409,310. The issue before this Court concerns the application of the “income approach” in determining the value of the property.

13.    Tax Assessment Again v. American Bituminous, No. 993390. The petitioners, Marion County Commission and State Tax Commissioner, appeal from an order entered in the Circuit Court of Marion County determining that the true and actual value of the power plant of the taxpayer, American Bituminous Power Partners ( for State ad valorem tax purposes ) for the year 1996 was $18,812,725, rather than $45,409,310. The issue before this Court concerns the application of the “income approach” in determining the value of the property.

14.    Myron Zirkle, II v. Shelia Zirkle, No. 993391. The petitioner, Shelia Zirkle, appeals from an order entered in the Circuit Court of Upshur County awarding custody of the petitioner's daughter to the petitioner's former husband, respondent Myron Zirkle, II. The petitioner contends, inter alia, that the Circuit Court committed error in allowing the respondent to relitigate the custody issue, where the respondent had failed to appeal from an earlier ruling favorable to the petitioner.

[Maynard, C.J., McGraw, J.]

15.    Jessie L. Graham v. David Wallace, D.D.S., No. 993392. The petitioner, David A. Wallace, an oral surgeon, appeals from an adverse jury verdict returned in the Circuit Court of Mercer County. The petitioner contends, inter alia, that the Circuit Court erred in reopening the case and allowing testimony upon the unsubstantiated assertion of counsel for the respondent that the petitioner falsified certain medical records.

[McGraw, J., Scott, J.]
[Davis, J. Disqualified]

16.    Bonnie L. Keplinger v. Virginia Electric, No. 993393. This is a certified question case wherein the plaintiff's health care providers received subpoenas duces tecum, during the discovery process, demanding that the providers send copies of the plaintiff's medical records directly to the defense attorney. The plaintiff alleged that the subpoenas were improper and provided the plaintiff with an additional cause of action in the litigation.

[McGraw, J.]

17.    State of West Virginia v. Michael Vance, No. 993394. The petitioner, Michael Vance, challenges his conviction of unlawful wounding returned in the Circuit Court of Mingo County. The petitioner seeks reversal of the conviction because (1) one of the members of the grand jury may have been prejudiced against him, and (2) his trial attorney was distantly related to the victim of the offense.
 

18.    State of West Virginia v. Robert Adams, No. 993395. The petitioner, Robert Adams, appeals from the final order of the Circuit Court of Logan County sentencing him to two terms of life imprisonment without mercy for the first degree murders of Charisse Corbett and Lafayette Lipscomb. In addition, the petitioner was sentenced to 1 to 5 years for conspiracy to commit the aggravated robbery of Mr. Lipscomb.

With Leave to File an Amended Petition Addressing State v. Rygh, No. 26195 (12-3-99) (Starcher, C.J.) (Stone, Judge, by special assignment) (Scott, J., not participating).

19.    State of West Virginia v. James A. Baylor, No. 993396. The petitioner, James Allen Baylor, appeals from his conviction of malicious assault returned by a jury in the Circuit Court of Preston County. The petitioner contends that the evidence was insufficient to support the verdict and that the Circuit Court erred in admitting the medical records of the alleged victim, absent any medical witness.

20.    Timothy Layton, SER v. Howard Painter, Warden, No. 993410. The petitioner, Timothy Layton, appeals from an order entered in the Circuit Court of Jefferson County denying him relief in habeas corpus. The petitioner raises a number of alleged errors, including an assertion that the Circuit Court erred in not conducting an omnibus, evidentiary hearing.