West Virginia Supreme Court of Appeals

Requests for Oral Presentation
and
Petitions for Appeal

February 25, 2004

 

1.  Clyde H. Richey v. Fred Zain and Clyde H. Richey v. West Virginia State Police and the State of West Virginia -  No. 032252. Plaintiff appeals from the circuit court’s order granting defendants’ motion to dismiss in this action for malicious prosecution, false arrest and abuse of process.

Defer

2.  Russell E. Haines and Estella J. Haines v. Hampshire County Commission and David Gee, No. 032250. Plaintiffs appeal from the circuit court’s order granting defendants’ motion to dismiss pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. This action arises out of the sale of plaintiffs’ pet dog by the Hampshire County Animal Control Officer.

Grant  2-2
(Maynard, C. J., McGraw, J.)
(Starcher, J. Not Participating)

3.  Tifinie M. Cook v. Faith Woods Cook, No. 040173. Plaintiff presents the circuit court’s certified question concerning damages in this personal injury action arising out of an automobile accident.

Grant 4-0
(Starcher, J. Not Participating)

4.  In Re: Asbestos Personal Injury Litigation Mass Litigation Panel, No. 032344. The circuit court granted judgment as a matter of law in favor of defendant at the close of plaintiffs’ case. Plaintiffs moved the circuit court to amend or alter its earlier judgment. The circuit court entered an order denying plaintiffs’ motion. Plaintiffs appeal.

Grant 3-0
[ Davis, J. Disqualified ]
(Starcher, J. Not Participating)

5.  State ex rel. Edna Moore v. Paul Nusbam, Secretary, Department of Health and Human Resources, and Michael Kelly, Chief Medical Officer, Pinecrest Hospital, No. 032356. Petitioner, Edna Moore, was involuntarily committed to Pinecrest Hospital as a tuberculosis patient pursuant to W.Va. Code §26-5A-5. She seeks a reversal of the circuit court’s order and a release from commitment.

Accept to Motion Docket

6.  State of West Virginia v. Randall G. Nichols, No. 032364. Defendant appeals from his sentencing following the entry of his plea of guilty to driving under the influence of alcohol 3rd offense and to fraudulent scheme.

Refuse 4-0
(Starcher, J. Not Participating

7.  State of West Virginia ex rel. Douglas Redleski v. Howard Painter, Warden, No. 032367. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus.

Refuse 4-0
(Starcher, J. Not Participating)

8.  State of West Virginia v. Anita M. Harris, No. 032373. Defendant was convicted of felony shoplifting (third offense) following a jury a trial. Defendant appeals and alleges various trial errors.

Grant  2-2
(Maynard, C. J., McGraw, J.)
(Starcher, J. Not Participating)

9.  James Tolley and Nancy Tolley v. Carboline Company, E.I. Du Pont De Nemours and Company; Fina Oil and Chemical Company, No. 032384. Plaintiffs appeal from the circuit court’s order awarding summary judgment in favor of defendant in this personal injury action.

Accept to Motion Docket

10.  Larry D. Poynter v. Medical Assurance of West Virginia, Inc. , No. 032303. Plaintiff appeals from an adverse summary judgment order where the court held that post-suit conduct by an insurance company is insufficient to establish a claim under the WV Unfair Trade Practices Act.

Defer

11.  Kenneth McKenzie v. Carroll International Corp., No. 032324. Plaintiff appeals from an adverse jury verdict and the denial of his motion for new trial in an employment discrimination wrongful discharge case. He asserts several evidentiary errors.

Accept to Motion Docket

12.  Lorrie McMahon v. Advanced Title Services Company of West Virginia, No. 032853. The Circuit Court of Brooke County certifies several questions on whether certain real estate work and the issuance of title insurance, when not done by or under the direct supervision of a WV-licensed attorney, constitutes the unlawful practice of law.

Grant 4-0
(Starcher, J. Not Participating

13.  Ann McDonald Thorpe v. Samuel Oliverio, et al., No. 032396. Petitioner appeals the circuit court’s order enforcing settlement agreement, which terminated cross-claims in this action including a non-derivative contract claim that petitioner asserted against a co-defendant.

Refuse 3-1
[ McGraw, J. ]
(Starcher, J. Not Participating)

14.  April L. Hudson Perdue v. Douglas L. Jones, No. 032405. Petitioner appeals from the circuit court’s order directing a verdict in favor of defendants on the issue of diminished value of petitioner’s vehicle, from a jury’s verdict awarding her only nominal damages on her loss of use and annoyance and inconvenience claims, and from the court’s denial of her motion for new trial.

Grant  2-2
(Maynard, C. J., Davis, J.)
(Starcher, J. Not Participating)

15.  Virgil P. Broughton v. Judy Guye and Phil Graziani, No. 032407. Petitioner appeals the circuit court’s order which upheld the ruling of the Elkins Common Council denying petitioner’s challenge to the results of a mayoral election.

Refuse 4-0
(Starcher, J. Not Participating)

16.  Beverly Goldizen v. Grant County Board of Education, No. 032408. Petitioner appeals from the Circuit Court’s order which upheld the Grievance Board’s decision that the respondent school board had acted properly when it did not hire petitioner to fill a school bus operator’s vacancy.

Refuse 3-1
[ McGraw, J. ]
(Starcher, J. Not Participating)

17.  State of West Virginia v. Jamie Allen Butcher, No. 032417. Petitioner appeals the circuit court’s denial of a motion for credit for time served.

Refuse 4-0
(Starcher, J. Not Participating)

18.  Beulah M. Webb v. Rilda L. Wallace, No. 032434. This appeal arises from an attorneys’ fee dispute where the trial court awarded 20% of the remaining 26.67% in attorneys’ fees to the discharged law firm, leaving the subsequently retained law firm, which did 80% of the work after the clients discharged the initial law firm, which tried the case for a few days, and ultimately obtained settlements with the defendants, only 6.67% of the attorneys’ fees.

Accept to Motion Docket

19.  State of West Virginia v. Jeffrey Allan Lowther, No. 032463. Petitioner files an appeal from an order entered by the Circuit Court of Lewis County on June 30, 2003, wherein the Court denied his Motion for Reconsideration/Reduction of Sentence without holding a hearing.

Refuse 4-0
(Starcher, J. Not Participating

20.  Angela Dawn Miller v. Jim Liller, Warden, No. 032517. Petitioner filed a habeas in the Wyoming County Circuit Court alleging ineffective assistance of counsel, as well as other errors at trial. The Court ruled on one of the requests but denied the others. On appeal, the petitioner requests that the matter be remanded and that the Circuit Court be directed to provide a full evidentiary hearing on the issues of ineffective assistance of counsel, insufficient evidence of first degree murder and failure to disclose exculpatory evidence.

Refuse 4-0
(Starcher, J. Not Participating

21.  William W. Waddy, IV v. Denver L. Riggleman, III, No. 032519. Petitioner files an appeal from a suit to impose specific performance on a land sale contract. The Defendant Our’s issues were bifurcated, and a bench trial was held on June 25, 2003 involving the Rigglemans. The Rigglemans were granted a judgment as a matter of law by the Court and the suit was dismissed with prejudice as to all defendants. Petitioners seek reversal and specific performance of the agreement.

Grant 3-1
[ Davis, J. ]
(Starcher, J. Not Participating)

 

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