Tuesday, February 22, 2000

1. State of West Virginia v. Gene Harold Walker - 26657- Defendant appeals conviction for voluntary manslaughter with the use of firearm.  He was sentenced to 15 years.

2. Judy Banfi, Executrix v. American Hospital for Rehabilitation, et al. -  26659 - The petitioner, Morris Cunningham, appeals from an order of the Circuit Court of Cabell County granting summary judgment in favor of the respondent hospital and physician.  The Circuit Court concluded that summary judgment was warranted because the petitioner failed to obtain expert testimony concerning the standard of care, where the petitioner's decedent, a patient at the hospital, fell in her room and required surgery for a resulting bone fracture.  

3. Walter Alan Lively, et al. v. Robert J. Rufus, et al.  - 26651 - Plaintiffs appeal from a jury verdict in an accounting malpractice and fraud case involving allegations that defendant certified public accountant took over his client's business without permission, negligently mismanaged the business that they had personally guaranteed.  The jury, answering a single question regarding the net equity value of the business, entered a defense verdict.  - Continued to April 11, /2000

4. James Wilson Douglas v. Robert Spence  - 26730 - Plaintiff appeals denial of motion for referral to binding arbitration in accordance with a legal services contract provision.  - Dismissed

5. In Re: George Glen B., Jr. -  26742 - After this Court's previous remand (In the Matter of George Glen B., Jr., No. 26202), the lower court conducted two evidentiary hearings and ordered the gradual return of the child to his parents.  WV Dept. of Health and Human Resources appeals a second time. 

6. State of West Virginia v. Avery D. Lewis  - 26560 - Defendant appeals conviction of malicious wounding.  He was sentenced to 2 to 10 years.  

7. Aubrey C. Robertson, et al. v. B A Mullican Lumber & Manufacturing Co., L.P. -  26840 - Plaintiffs appeal order of the lower court finding that defendant had an implied right of usage of plaintiff's private roadway.  

8. Office of Lawyer Disciplinary Counsel v. Harry W. Moore, Jr.  - 27052 - No summary available.  - Continued to  March 7, 2000

9. SER Keith Burdette v. Hon. Herman G. Canady, Jr., Judge -  27059  - No summary available. - Dismissed as Moot 

10. SER Jeanette Hagler v. Hon. David M. Pancake, Judge, et al.  - 27061 - Petitioner seeks to prevent the lower court from denying to order transportation of Jeanette H. from Hopemont, a drug treatment facility, to the Cabell County Courthouse for a hearing to terminate her parental rights.  It is asserted that the issue presented is "whether a biological parent has a constitutional right to be present at a Termination of Parental Rights hearing to terminate her parental rights if that parent is serving a term of incarceration in a correctional facility with the West Virginia Department of Corrections. "  - Dismissed 

*11.  SER Heather Harrison v. Hon. Paul Zakaib, Judge - 27310 -   No summary available.

*This case will be heard at 10:00 a.m.