2.  Lois Arnold v. David G. Palmer, Trustee, Christina J. Palmer, Trustee, Advantage Bank, and Jeffrey Scott Arnold, Executor of the Last Will and Testament of Jeffrey A. Arnold, deceased, and Advantage Bank v. Jeffrey Scott Arnold, individually, Samantha Nicole Foggin, Melissa Ann Dailey, and Kelli Beth Arnold, Beneficiaries of the Estate of Jeffrey A. Arnold, Deceased v. Jeffrey S. Arnold - No. 082315. Petitioner bank appeals from the circuit court’s order denying its motion for summary judgment in this action bought to permanently enjoin the foreclosure on certain real property. Petitioner asserts that the circuit court’s order contradicts the applicable statute, case law, and a basic understanding of deeds of trust and how they function. Petitioner seeks a reversal. Grant 3-2 (Davis, J., McHugh, J.)

3.  Kyle D. Ramey and Trina Ramey v. Contractor Enterprise, Inc. - No. 082318. Plaintiffs appeal from the circuit court’s order granting summary judgment in favor of defendant employer in this deliberate intent action. Plaintiffs assert that the circuit court erred in determining that there was no genuine issue of fact on two of the elements required to maintain a deliberate intent action and failed to construe conflicting evidence in the light most favorable to plaintiffs, the non-moving party. Plaintiffs seek a reversal of the circuit court’s order. Accept to Motion Docket.

4.  Edna L. Miller and Charles T. Miller, Jr. v. Donald Gillispie, Kathryn Y. Gillispie and Transportation Department of the Division of Highways - No. 082325. Plaintiffs appeal from the circuit court’s order granting summary judgment in favor of defendants in this action concerning the rights of the parties to a roadway. Plaintiffs assert that there are genuine issues of material fact precluding the entry of summary judgment; they challenge the constitutionality of W.Va. Code §17-1-3; they seek a reversal of the circuit court’s summary judgment order; and they seek a remand for a jury trial. Refuse 5- 0

5.  Stephen and Cynthia Bumpus, on behalf of Stephen M., a minor v. Charleston Town Center Company, LP v. the West Virginia Human Rights Commission - No. 082366. Petitioner appeals from the final order of the West Virginia Human Rights Commission in favor of respondent in this administrative action alleging racial profiling. Petitioner seeks a reversal asserting that complainant failed to make a prima facie case of discrimination in a place of public accommodation; that complainants did not attempt to avail themselves of the services and privileges provided by petitioner; that the actions of petitioner did not deny complainants any such access or privileges; and that the actions of the Charleston police officers cannot be attributed to petitioner. Grant 5- 0

6.  Agusta Robinson, on behalf of Kevin Streets, a minor v. Charleston Town Center Company, L.P. v. The West Virginia Human Rights Commission - No. 082367. Petitioner appeals from the final order of the West Virginia Human Rights Commission in favor of respondent in this administrative action alleging racial profiling. Petitioner seeks a reversal and asserts that complainant failed to make a prima facie case of discrimination in a place of public accommodation; that complainant did not attempt to avail himself of the services and privileges provided by petitioner; that the actions of petitioner did not deny complainant any such access or privileges; and that the actions of the Charleston Police Officers cannot be attributed to petitioner. Grant 5- 0

7.  D.C. Chapman Ventures, Inc. v. J.D. Hopkins - No. 082078. Defendant below, J.D. Hopkins, appeals the circuit court’s order which (1) established the location of a boundary line between his property and that of DC Chapman Ventures, Inc., and (2) ruled that Hopkins had acquired some of DC Chapman’s property by adverse possession, but not as much property as Hopkins claimed. Refuse 5- 0

8.  State of West Virginia v. Gary D. Martin - No. 082320. Gary D. Martin appeals his convictions and sentences for two counts of first degree murder with a recommendation of mercy and one count of second degree murder. He asserts problems with the chain of custody of evidence, disproportionate sentencing, and insufficiency of the evidence to warrant a finding of premeditation. Accept to Motion Docket.

9.  State of West Virginia v. Linda S. Sigler a/k/a Linda S. Mullins - No. 082382. Linda S. Sigler appeals her conviction for driving under the influence of alcohol, third offense. She entered a conditional guilty plea, reserving the right to appeal the denial of her motion to suppress evidence obtained at what she asserts was an illegal and unconstitutional police roadblock. Grant 5- 0 and consolidate with 34584

10.  State of West Virginia v. Michael Joe Kanode, Sr. - No. 082384. Michael Joe Kanode, Sr. was convicted of malicious assault, burglary, attempted murder in the first degree, violation of a protective order, wanton endangerment, and assault during the commission of a felony (to wit, shooting the victim during the course of burglary). He asserts that his convictions for malicious assault and wanton endangerment violate his right against double jeopardy; that there was insufficient evidence to support the burglary conviction; and that since he should not have been convicted of burglary, he could has a matter of law be convicted of assault during the commission of a burglary. Accept to Motion Docket.

11.  State of West Virginia v. Gary L. Adkins - No. 082385. Gary L. Adkins appeals his convictions upon conditional guilty pleas to felony fleeing from an officer in a vehicle while under the influence, misdemeanor driving under the influence, and misdemeanor operating an ATV on a center-lined road. He conditioned his guilty pleas on the right to appeal the circuit court’s order which (1) denied his motion to dismiss the misdemeanor DUI charge as violative of double jeopardy and (2) denied his motion to suppress urinalysis test results. Refuse 5- 0

12.  State of West Virginia v. John Yost - No. 082386. John Yost appeals his conviction for two counts of first degree robbery, three counts of grand larceny, two counts of being a felon in possession of a firearm, two counts of fleeing law enforcement in a vehicle, one count of fleeing law enforcement on foot, and one count of arson of a vehicle. He asserts double jeopardy and ineffective assistance of trial counsel. Refuse 5- 0

13.  State of West Virginia v. Brandon P., juvenile - No. 082400. Brandon P. appeals the disposition of his juvenile delinquency case. He was sent to the Industrial Home, but argues that less restrictive options were warranted. Refuse 5- 0

14.  In re: The Marriage of Bobby Marcum v. Anita Marcum - No. 090001. Bobby Marcum appeals the circuit court’s order which affirmed in part and reversed in part the family court’s order holding him in contempt for violating a final divorce order by not paying certain spousal support and not transferring certain real property to his ex-wife Anita Marcum. Refuse 5- 0

15.  Jane Doe v. Kanawha County Board of Education, Larry Pauley, National Union Fire Insurance Company of Pittsburgh, PA and Scottsdale Insurance Company - No. 090003. Petitioner National Union Fire Insurance Company of Pittsburgh, PA brings this petition to appeal the Kanawha County Circuit Court’s Order dated August 14, 2008, which denied Petitioner’s Motion for Summary Judgment. National Union also seeks reversal of the Court’s finding that insurance coverage exists for Larry Pauley under three of five coverage parts of the relevant insurance policies. Senior Status Justice McHugh disqualified. Petition to be reconsidered at a later conference.

16.  In Re: Wanda J. Yanen - No. 090020. Petitioner John Richard Yanen appeals from a July 30, 2008, Order of the Marshall County Circuit Court which appointed Security National Trust Company as Co-Conservator in the Estate of Wanda J. Yanen. The Court also granted Respondent WesBanco’s Petition for Payment of Attorney’s Fees, Costs, and Expenses. Petitioner Yanen seeks a reversal and requests a reimbursement for the Attorney’s Fees. Refuse 5- 0

17.  Go-Mart, Inc. v. T. Michael Vance, Lynda Vance and Dewayne Gue - No. 090024. In this breach of contract action, Petitioner Dewayne Gue appeals from an August 5, 2008, Order of the Cabell County Circuit Court granting Go-Mart, Inc.’s Motion for Summary Judgment concerning the value of the subject property, finding no genuine issue of material fact existed, and directing Petitioner Gue to convey the subject property to Go-Mart, Inc. in exchange for $40,000. The Court had previously found that Gue was not a bona fide purchaser and had constructive notice of Go-Mart, Inc.’s right of first refusal to purchase the land. Refuse 5- 0

 
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