1. Mary Owens v. Joe Brown, individually; Joe Brown d/b/a J & J Packette; Meadows Oil Company and Penzoil Products Company, No. 021578. Plaintiff appeals from the circuit court’s order directing a verdict in favor of the defendant in this slip-and-fall action instituted against business owner, both individually and as the business operator, on the grounds of negligence. Plaintiff also appeals from the circuit court’s order denying her motion for a new trial. She seeks a reversal of the circuit court’s orders and a new trial.

2. Selvin Carroll and Barbara Carroll v. DHHR/Bureau of Public Health/Grant County Health Department, No. 021846. DHHR appeals from the circuit court’s decision reversing DHHR’s administrative decision denying the Carrolls a permit to install an on-site waste disposal system and a home aeration system. The circuit court ordered DHHR to issue a permit allowing the Carrolls to install an on-site waste disposal system. DHHR seeks a ruling that affirms its prior denial to issue the permit.

3. Dennis G. Mueller, Jr. and Pamela Mueller, his wife v. America Electric Power Energy Services, Inc. and Mark C. Wilson, No. 021845. Plaintiffs appeal from the circuit court’s award of summary judgment in this personal injury action arising out of an alleged exposure to toxic gases. Plaintiffs assert that their evidence was sufficient to withstand summary judgment.

4. State of West Virginia v. John Sterling Holcomb, No. 021864. Defendant appeals from his conviction on wanton endangerment involving a firearm and domestic battery. He was sentenced to five years in the penitentiary on the wanton endangerment conviction and 12 months (with credit for time served) on the misdemeanor domestic battery, those sentences to run consecutively. Defendant asserts that had it not been for the admission of unlawful evidence, he would not have been convicted.

5. State of West Virginia v. Bruce Bennett, No. 021865. Defendant appeals from his conviction of involuntary manslaughter following a jury trial. He was sentenced to one year in the regional jail. He had served all but two days of his sentence by the end of trial. He asserts various pre-trial and evidentiary errors and seeks a reversal of his conviction.

6. L. G. Burdette v. Burdette Realty Improvement, Inc., No. 021873. Plaintiff appeals from the circuit court’s order compelling the enforcement of a purported settlement agreement arising out of dispute involving a family-owned business.

7. Man Appalachian Regional Healthcare V. Debra Marich and West Virginia Human Rights Commission, No. 021876. Petitioner, Man Appalachian Regional Hospital, appeals from the circuit court’s order affirming the decision of the West Virginia Human Rights Commission finding that it had engaged in an unlawful discriminatory conduct when it terminated the employment of respondent, Debra Marich, and that its proffered reason for termination was a pretext for discrimination.

8. State of West Virginia v. Jack Hinchman, No. 021877. Defendant was convicted of two felony counts of obtaining money by a worthless check in violation of W.Va. Code §61-3-39. He was resentenced following this Court’s order which refused, without prejudice, his petition for appeal from the circuit court’s order denying his petition for a writ of habeas corpus, and directed the circuit court to resentence him to toll anew the appeal period for filing a petition for appeal with this Court from his underlying convictions. Defendant now appeals the circuit court’s resentencing order sentencing him to two (2) indeterminate terms of 1 to 5 years each in the penitentiary. 

9. In Re: Timothy Nine v. The adoption of R.R.S., Jr., No. 022311. The biological father, Ricky R. S., appeals from the circuit court’s order terminating his parental rights and granting the petition for adoption brought by the minor child’s step-father, respondent Timothy Nine. 

10. Thomas W. Taylor v. Nationwide Mutual Insurance Company, No. 030191. The United States District Court for the Northern District of West Virginia (Martinsburg Division) presents an "Order of Certification to the West Virginia Supreme Court this Court arising out of a diversity action based upon plaintiff’s claims brought under the West Virginia Unfair Claims Practices Act.

11. In the marriage of Carla Costa v. Vincent Costa, Jr., No. 021878. Petitioner appeals the circuit court’s order affirming the family court’s final order in her divorce case. Petitioner alleges error in determining alimony, equitable distribution, and in the grounds for which the divorce was granted.

12. State of West Virginia v. Dustin Keith Jarvis, No. 021883. Petitioner appeals the sentence he received for drug crimes to which he pled guilty. Petitioner asserts that the circuit court improperly considered his prior juvenile record when imposing sentence.

13. John P. Walker v. Dawn D. Walker, No. 021903. Petitioner appeals the circuit court’s order which affirmed the family court’s granting of a domestic violence protective order against petitioner and modifying custody of infant children. 

14. Mitzi Akers v. Raleigh County Board of Education, No. 021918. Petitioner appeals the Circuit Court’s order affirming a decision of the Education and State Employee’s Grievance Board. Petitioner asserts that the position of summer Medicaid Billing Reviewer should have been a service personnel position, not a professional position, and that as such, she should have received the position. 

15. In re: Tobacco Litigation (Medical Monitoring)Christa J. Blankenship & Mae Sibo, on behalf of themselves and others, v. Brown & Williamson Tobacco Corp., Lorillard Tobacco Co., Philip Morris, Inc., & R.J. Reynolds Tobacco Co., No. 021958. Petitioners pursued a class action seeking medical monitoring for the early detection of certain diseases associated with cigarette smoking. A jury returned a verdict for respondents at a trial on issues common to the class. Petitioners appeal the circuit court’s denial of their motions for judgment as a matter of law and for a new trial, as well as the court’s entry of judgment on the adverse jury verdict. 

16. State of West Virginia v. Alex J. Boissy, No. 021971. Petitioner appeals his sentence of 2 to 20 years for grand larceny and forgery.

17. State of West Virginia v. Crossen T. Lease, No. 021972. Petitioner appeals the denial of a motion to correct a sentence previously imposed upon him. In 1994, he was sentenced to six to thirty-eight years for his conviction of six counts of possession of controlled substances with intent to deliver. He asserts that the sentence violated his right against double jeopardy.

18. Vicky Diane McCoy v. Paul D. Scyoc, No. 021978. Petitioner appeals the denial of her request for back child support. The Family Court and Circuit Court held that this issue had already been litigated in Tennessee.

19. State of West Virginia v. Daniel J. Thomas, No. 021979. Petitioner appeals his conviction for failing to register as a sex offender. 

20. Bert Napolitano v. Mara Spade, No. 021987. Respondents brought suit against the petitioner for injunctive relief alleging that the use of the petitioner’s property constitutes a common law nuisance and a violation of a restrictive covenant prohibiting properties from being used for commercial purposes in the subdivision where the parties all resided. The court granted summary judgment for the plaintiffs, holding that the petitioner’s use of her property is in violation of the restrictive covenant prohibiting commercial uses and enjoined the petitioner’s activities with respect to it. On appeal, petitioner argues that the case should be remanded.

21. Stephanie D. Baughman v. Wal-Mart Stores, Inc., No. 021991. Petitioner challenges Wal-Mart’s common and widespread practice of post-offer, pre-employment drug testing. The Court granted Wal-Mart’s motion for summary judgment in finding that no law prohibits Wal-Mart’s practices.

22. State of West Virginia v. Jason D. Manns, No. 022007. Plaintiff appeals from the circuit court’s order denying his Rule 35 motion, by arguing that West Virginia Code §60A-4-408 as applied is unconstitutional in that it violates due process rights.

23. L. W. Chambers, Jr. v. WV DMV, No. 022008. Petitioner seeks the reversal of the Kanawha County court affirming the West Virginia Division of Motor vehicles and Joe E. Miller, its Commissioner, revoking petitioner’s drivers license. Petitioner argues that because the arrest was unlawful, the Division lacked authority to revoke his license.