1. Debra L. Sinclair v. Frankie L. Sinclair, No. 002767. Defendant appeals from the circuit court’s order adopting the family law master’s recommended order and entering judgment against defendant for the AFDC benefits paid on behalf of his children at a time when he was disabled and unable to work.

2. Sherri Lynn Novak v. The Honorable Timothy R. Ruckman, Family Law Master, and Shawn Paul Morris, No. 002804. Petitioner appeals from the circuit court’s order determining that the court lacked jurisdiction to hear a child custody matter the Uniform Child Custody Jurisdiction Act.

 

3. Billy Joe Townsman v. Howard Painter, Warden, No. 002806. Petitioner appeals from the circuit court’s order denying his petition for post-conviction habeas corpus relief in this omnibus proceeding.

 

4. State of West Virginia v. Roger Klinger, No. 002811. Defendant appeals from the circuit court’s order finding defendant "unfit" and imposing upon him the sentence of 1 to 15 years after his return from the Anthony Center.

 

5. Lola Christian v. John L. Steele, No. 002812. Defendant, John L. Steele, appeals from the circuit court’s order that established a cemetery trustee/commissioner to handle cemetery maintenance and determinations of who could be interred in the subject cemetery.

6. SER Kevin Callahan v. Katherine Santucci, Magistrate, No. 002830. Petitioner appeals from the circuit court’s denial of his petition for a writ of mandamus to compel the magistrate court to conduct an evidentiary hearing in this misdemeanor action.

 

7. Harris Oil Co., Inc. v. LeFevre Corporation, No. 002855. The Circuit Court certifies questions to the West Virginia Supreme Court of Appeals.

 

8. State of West Virginia v. Kenneth James Chapman, No. 002834. The petitioner, Kenneth James Chapman, appeals from his convictions in the Circuit Court of Logan County of two counts of malicious assault. The petitioner, who entered pleas of guilty to those offenses, contends that the Circuit Court failed to make a sufficient determination upon the question of whether the petitioner was mentally competent to enter the pleas.

 

9. State of West Virginia v. James H. Kearns, No. 002835. The petitioner, James H. Kearns, appeals from his convictions in the Circuit Court of Harrison County of the offenses of sexual assault of a spouse and battery. The petitioner contends, inter alia, that the Circuit Court committed error in not setting the verdicts aside where, according to the petitioner, the State failed to disclose a prior statement of the victim which contradicted the victim’s testimony at trial.

10. Michael W. Harrah v. Southeast Steel Manufacturing Co., No. 002837. The petitioner, Southeast Steel Manufacturing Company, appeals from an order entered in the Circuit Court of Raleigh County awarding the petitioner’s former employee, respondent Michael William Harrah, $15,000 for workers’ compensation discrimination and wrongful discharge. The petitioner contends, inter alia, that the Circuit Court committed error in finding that the respondent was, in fact, terminated from his employment.

 

11. Shirlene Dixon v. White Motors, Inc., No. 002856. This appeal involves an underlying action in the Circuit Court of Kanawha County in which the respondent, Shirlene Dixon, obtained a judgment against White Motors, Inc., in the amount of $6,000. The respondent later instituted a suggestion proceeding thereon against the petitioner, Joseph F. White, and obtained a summary judgment for the same amount. The petitioner appeals the entry of summary judgment and contends: (1) that he was improperly considered by the Circuit Court to be a judgment debtor, rather than a suggestee / garnishee, and (2) that, in any event, summary judgment was entered in error, since questions of fact surrounded the specifics of the suggestion proceeding.

 

12. State of West Virginia v. Larry Kenyon, No. 002858. The petitioner, Larry Kenyon, appeals from his convictions in the Circuit Court of Doddridge County of three counts of 1st degree sexual assault allegedly committed against a 6-7 year old victim, Patrick R. The petitioner contends, inter alia, that the Circuit Court erred in allowing the State to submit Rule 404(b) evidence to the effect that the petitioner committed a similar offense against the victim in Ritchie County.

13. William Fahey v. Raymond A. Hinerman, No. 002922. The petitioner, Raymond A. Hinerman, appeals from an order entered in the Circuit Court of Hancock County holding that a pension plan was meant to be included in an oral settlement agreement between the petitioner and respondent William Fahey which settlement agreement followed the break-up of the parties’ law office partnership. The petitioner contends, inter alia, that pension plan claims were not resolved in the mediation sessions culminating in the settlement agreement and that, therefore, the Circuit Court was without jurisdiction to include the pension plan in the settlement agreement.

 

 

14. State of West Virginia v. Stephen M. Luci, No. 002924. Defendant below seeks to appeal his conviction of first-degree sexual assault and sexual abuse of a child by a custodian based upon incidents at trial.

 

15. State of West Virginia v. Henry Franklin Wright, No. 002925. Defendant appeals his conviction of carrying a concealed deadly weapon based upon the element of possession.

 

16. Ronald L. Gray and Carolyn Sue Gray v. Daimler Chrysler Corporation, No. 002936. Plaintiffs appeal lower court’s entry of judgment as a matter of law in lemon law case.

17. Dewey T. Cromer and Donna Cromer v. Farmers & Mechanics Mutual Insurance Company of West Virginia and James E. Shrewsbery d/b/a James E. Shrewsbery Insurance Company, No. 010032. Petitioner homeowners seek to appeal grant of insurance company’s motion for summary judgment finding no coverage under a homeowner’s policy for damages to their home from the weight of ice and snow.