Supreme Court of Appeals of West Virginia

Miscellaneous Motions Conference

Wednesday, February 24, 1999

1.	Eric K. Powell Pro Se Appeal No. 25795 Refuse 5-0	Petition for Rehearing in Lawyer Disciplinary Board v. Eric K. Powell. Petitioner seeks to have his annulment date run from June 30, 1998 -- the date he entered his plea agreement -- rather than January 13, 1999, as previously ordered.
2.	Ancil G. Ramey Appeal No. 25338 Grant 4-1 [McGraw, J.]	Motion Of The Chemical Manufacturers Association For Leave To File Amicus Curiae Brief in Wanda Sue Bower, et al. v. Westinghouse Electric Corporation, and North American Philips Corporation. The Chemical Manufacturer's Association asserts that it has a vital interest in this Court's resolution of the underlying certified question.
3.	David L. Zehnder Appeal No. 25823 Grant 3-2 [Starcher, C.J. and Workman, J.]	Motion to Withdraw As Counsel in State ex rel. Jesse White, et al. v. George Trent, et al.. The underlying certified question in this case seeks to resolve whether qualified inmates challenging conditions of confinement in a habeas action are entitled to the services of a public defender. Because appointed counsel has previously sought to withdraw and has previously filed pleadings asserting that such habeas petitioners are not entitled to appointed counsel, appointed counsel now seeks leave to withdraw, and requests that the matter be remanded for appointment of private counsel who will appropriately represent the petitioner's interests.
4.	Michael T. Clifford Refuse 4-1 [Workman, J.]	Motion for Reconsideration of Denial of Petition For a Writ of Mandamus in George B.W. v. The Honorable Tod J. Kaufman.
5.	Barbara G. Arnold Appeal No. 25329 Refuse 4-1 [McGraw, J.]	Appellee's Motion for Leave to File Brief in Response to the West Virginia Chamber of Commerce Amicus Curiae Brief in H. Vance Stewart v. Waco Scaffolding and Equipment Compnay.
6.	Steven K. Mancini Withdrawn	Motion for Dismissal and Application for Stay of Proceedings in State v. Paul Anthony Cantrell. Petitioner was indicted and asserted his speedy trial right during a prior term of the McDowell County Circuit Court, and now asserts that the indictment against him should be dismissed. Petitioner further requests a stay of the proceedings below pending this Court's decision on the motion to dismiss.
7.	Jerome E. Heineman Pro se Petition No. 981147 Refuse 5-0	Motion for Leave to File Out of Time in Mid-State Trust IV v. Jerome E. Heinemann, et al.. Petitioner seeks to leave to present a Motion for reconsideration of the petition for appeal that was previously refused by the Court on December 16, 1998.
8.	Jeffrey L. Wolff, Sr. Pro se Refuse 4-1 [Workman, J. would grant returnable to circuit court]	Petition for Writ of Mandamus in State v. Crystal L. Wolff, et al.. Petitioner seeks copies of transcripts relative to his pursuit of a writ of habeas corpus.
9.	William T. Brotherton, III Petition No. 990208 Refuse 5-0	Request to Hold Petition for Review in Abeyance in Donna J. Adkins v. WCD/Williamson Memorial Hospital. Employer contends that it has not been served with a copy of the pro se petition for appeal.
10.	Jonathan C. Bowman Petition No. 990230 Grant 5-0	Respondent's Motion to Strike Petitioner's Exhibit J in Bell Atlantic v. WCD/Thomas Criswell. Employee moves to strike after-acquired evidence submitted by the employer in its petition for appeal.