1. State of West Virginia v. Constance K. Middleton - Docket No. 012496. Defendant appeals from her third offense DUI and wanton endangerment involving a firearm convictions. She was sentenced to 1 to 3 years on the DUI charge and to 3 years on the wanton endangerment charge.

Refuse 4- 0
[Starcher, J., Not participating]

 

2. State of West Virginia v. David Franklin Mott - Docket No. 012514. Defendant appeals from his convictions on four counts of aggravated robbery and two counts of attempted aggravated robbery. He raises various trial errors.

Refuse 3 - 1
[Albright, J.]
[Starcher, J., Not participating]

 

3. Jackie L. Barker v. William K. Davis - Docket No. 012515. Petitioner appeals from the circuit court’s order denying his petition for habeas corpus relief.

Returnable Below With Directions
[Starcher, J., Not participating]

 

4. Anna Bris Bougher v. Arnold Lazarus - Docket No. 012647. The petitioner, Arnold Lazarus, by petition for a writ of certiorari, challenges an order entered in the Circuit Court of Ohio County holding that the respondent, Anna Bris Bougher, who was in the process of demolishing a building in Wheeling, West Virginia, had no affirmative duty to expend funds to weatherproof and to reinforce the structural viability of a "party wall" common to the respondent’s building and a building owned by the petitioner. The petitioner contends, inter alia, that, had the Circuit Court properly applied the BOCA National Business Code, the respondent would have been responsible for such expense.

Refuse 4- 0
[Starcher, J., Not participating]

5. Robert L. Hively, M.D. v. Anthem Health Plan of West Virginia, Inc. - Docket No. 012517. The petitioner, Robert L. Hively, M.D., appeals from an order entered in the Circuit Court of Kanawha County dismissing his claims against the respondent, Anthem Health Plan of West Virginia d/b/a Primeone. The petitioner and certain other physicians were partners in Dunbar Medical Associates and participated in the insurance plan of respondent Anthem. The petitioner alleged that his partners violated his rights during the dissolution of Dunbar Medical Associates. The petitioner contends that the Circuit Court committed error in dismissing his related claims against respondent Anthem because, according to the petitioner, Anthem acted in concert with the partners in the alleged misconduct.

Grant 4- 0
[Starcher, J., Not participating]

 

6. Eugene R. Wentz v. Toni C. Wentz - Docket No. 012518. The petitioner, Eugene R. Wentz, Jr., appeals from an order entered in the Circuit Court of Kanawha County adopting the findings and conclusions of the Family Law Master with regard to the petitioner’s child support and alimony obligation. The petitioner contends, inter alia, that the Family Law Master and Circuit Court committed error: (1) in failing to properly consider the petitioner’s ability to pay and (2) in ordering that the petitioner transfer complete ownership and equity in the parties’ marital residence to his former wife, respondent Toni C. Wentz.

Refuse 4- 0
[Starcher, J., Not participating]

 

7. SER Jack Hinchman v. William S. Haynes, Warden - Docket No. 012505. The petitioner, Jack Hinchman, appeals from an order entered in the Circuit Court of Upshur County denying him relief in habeas corpus with regard to his two convictions of obtaining property in return for a worthless check and with regard to the revocation of his subsequent probation and re-imposition of his penitentiary sentence upon those convictions. One of the issues raised by the petitioner before this Court is whether the Circuit Court committed error in denying his claim of ineffective assistance of counsel regarding counsel’s failure to perfect an appeal.

Returnable Below With Directions
[Starcher, J., Not participating]