Supreme Court of Appeals of West Virginia 
Motion Docket 
Tuesday, February 24, 2009

Justice Albright did not participate in the consideration or decision of the cases on this docket. 
 Senior Status Justice McHugh sitting by temporary assignment.

1. State of WV v. Edward C. Grimes - 080751 - Edward Charles Grimes appeals his conviction for second degree murder. He alleges inter alia a Brady violation, misconduct before the grand jury, evidentiary error, insufficient evidence to allow the jury to consider first degree murder, that the court should have granted his dispositive motions, and disproportionate sentence.  Grant 3-2 (Benjamin, Workman)

2.  State of WV v. Terry Lee Thomas - 082084 - Terry Lee Thomas appeals his conviction for two counts of first degree murder without recommendations of mercy and with findings that he used a firearm, one count of malicious assault, and one count of attempted first degree murder. He was convicted in 1998, but was re-sentenced for purposes of appeal. He alleges ineffective assistance of counsel; that the State failed to provide him a complete copy of his transcripts so that he could perfect his appeal; that the court erred when denying his motions for change of venue, for a jury view, and to dismiss the case because of unavailable evidence; that the court committed multiple evidentiary errors when admitting certain photographs and testimony; that the prosecutor suppressed helpful evidence, used perjured testimony, and made prejudicial statements; and insufficiency of the evidence .Refuse 5-0

3.  State of West Virginia v. Raymond Eugene Hoak - 082061 - Raymond Eugene Hoak appeals his conviction for voluntary manslaughter with the use of a firearm. He asserts multiple trial errors, including juror misconduct, erroneous admission of 404(b) evidence, violation of his right of confrontation, and instructional error. Defendant also asserts the court erroneously refused to answer a question from the jury, insufficiency of the evidence to support the conviction, and the court erroneously struck a juror. He also asserts that the court erred when denying his request for credit for time served on pre-trial home confinement. Refuse 3-2 (Benjamin, Ketchum)

4.  Mary Lou Smith and Greg Smith v. Andrew N. Frye, Jr. - 082065 - Mary Lou Smith and her son Greg Smith appeal the circuit court's order dismissing their case with prejudice. They assert that the chief judge of the circuit court terminated Ms. Smith's employment as magistrate court clerk for political reasons when Mr. Smith filed to be a candidate for the office of circuit clerk, which they assert violated their rights under the state constitution and public policy. Refuse 3-2 (Workman, Ketchum)

5.  Donna Sue Skidmore v. Walter Burke Skidmore - 082214 - Petitioner husband appeals from the circuit court's order refusing to hear his appeal from the family court, which awarded retroactive child support based upon petitioner husband's failure to provide tax returns to respondent mother. The family court also denied a modification of child support when it granted respondent mother's motion to modify the parenting plan because petitioner had not formally moved to modify child support in his pleadings, even though the court found that a change in excess of 15% occurred. Petitioner husband seeks a reversal of the award of retroactive child support and a reversal of the refusal to modify the current support obligation.  Grant 3-2 (Workman, McHugh)

 

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