Supreme Court of Appeals of West Virginia
Argument
Docket
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Tuesday, February 20, 2001 1. Michelle Fuller v. Alice E. Riffe, et al. - 28662 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants on the basis that her action was barred by West Virginia Code §55-2-12. - To be presented on briefs only without oral argument. 2. Stanley Andrew Shepherd, et al. v. Marvin Yoho, et al. - 28491 - Land owners seek to appeal lower court's grant of exclusive use of right-of-way to adjacent property owners and court's permanently enjoining land owners from using the same. 3. State of W. Va. v. Christopher Scott Adkins - 28471 - Defendant seeks to appeal his conviction of unlawful wounding based upon alleged prosecutorial misconduct. 4. State of W. Va. v. Clifford Allen Powers - 28459 - Defendant appeals from his convictions for 2 counts of 3rd offense shop lifting, breaking and entering, burglary and grand larceny. He was sentenced to life in prison pursuant to the recidivist statute. He seeks a reversal of his convictions and a new trial.- Continued. 5. State of W. Va. v. David Shaun Davisson - 28403 - The petitioner, David S. Davisson, appeals from an order entered in the Circuit Court of Harrison County affirming the petitioner's conviction, in magistrate court, of second offense driving under the influence. The petitioner, who was not found at the scene where his vehicle was wrecked, challenges the validity of his arrest. The petitioner also challenges the propriety of the submission of evidence of his prior DUI conviction to the jury. - Continued. 6. SER John McLaurin v. Hon. A. Andrew MacQueen, III, Judge - 28727 - McLaurin, pro se, seeks a writ of mandamus compelling Judge Canady to show cause why he has not appointed him counsel, allowed discovery or held a post-conviction omnibus evidentiary hearing in this case. - To be presented on briefs only without oral argument. 7. SER Donald Walters Myers, Jr. v. Betty Moss, Circuit Clerk - 28728 - Myers, pro se, seeks a writ of mandamus seeking to compel the Morgan County Circuit Court to provide him with copies of transcripts. Myers' court appointed attorney for Case No. 92-F-14 was David H. Sanders, who is now a Berkeley County judge. Myers' court appointed attorney for Case No. 92-F-19 was Scott A. Ollar. On 11/27/00, the Morgan County Clerk's Office stated that the clerk's office has provided copies of all relevant documents, including transcripts to his two attorneys, and that his former attorneys are responsible to provide Myers with copies, absent a court order directing the clerk's office to make additional copies. - Dismissed. 8. SER Jimmie Meccya Williams v. Hon. Gary L. Johnson, Judge - 28729- Williams, pro se, seeks a writ of mandamus to compel the Nicholas County Circuit Court to rule on his Rule 35 Motion for Reconsideration of his sentence, which has been pending for six months. - Dismissed. 9. SER David Mott v. Hon. Herman G. Canady, Jr., Judge, et al. - 28730 - Mott, pro se, files a petition for a writ of mandamus seeking to compel the Circuit Court of Kanawha County to procure copies of his trial transcripts. - Dismissed. 10. SER WV Dept. of H&HR v. Hon. A. Andrew MacQueen, III, Judge, et al. - 28734 - No summary available. - To be presented on briefs only without oral argument. 11. SER Margaret Lynn Barger v. Hon. Danny O. Cline, Judge, et al. - 28735 - No summary available. - To be presented on briefs only without oral argument. 12. In Re: Shanee Carol B. - 28888 - No summary available. - Continued.
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Thursday, November 08, 2001