"A. Whether a contractor who does not have a West Virginia contractor’s license may utilize the courts to maintain a claim or counterclaim against the property owner.

This Court’s answer: No.

B. Whether a landowner’s knowledge of the contractor’s unlicensed status estops the landowner from raising the contractor’s unlicensed status.

This Court’s answer: No." - Grant  5-0

2.  State of West Virginia v. Steve A. Robinson - No. 073557. Defendant appeals from the circuit court’s order removing him from the Anthony Center, sentencing him to the Penitentiary for 15 years, and ordering him to pay $4,300 in restitution, jointly and severally with his co-defendants. Defendant contends that the testimony given at the hearing held before the circuit court upon his return from the Anthony Center was inadmissible hearsay and that the Anthony Center’s disciplinary process violated his due process rights. - Accept to Motion Docket

3.  State of West Virginia v. Sterling E. Bare, III - No. 073615. Defendant appeals from his conviction of driving while license revoked for DUI in violation of W.Va. Code §17B-4-3. Defendant asserts that there was insufficient proof of the element of "knowledge," which was required for his conviction. Defendant’s sentence of six months home confinement has been stayed pending this appeal. - Refuse 3-2 (Starcher, Albright)

4.  State of West Virginia v. Billie Dawn Hatley - No. 073624. Defendant appeals following her conviction of first degree robbery. She was sentenced to a 10-year determinate sentence. Defendant raises jury and sentencing issues. She seeks a reversal of her conviction, a vacation of her sentence, and a new trial - - or such other relief as this Court deems appropriate. - Accept to Motion Docket

5.  Ricky S. Buckner v. Donna K. Buckner - No. 073625. Petitioner appeals from the family court’s order awarding alimony to respondent and from the circuit court’s order affirming the family court’s decision. - Refuse 5- 0

7.  The County Commission of Jefferson County, West Virginia, a public corporation, and Jefferson County Board of Education v. The Corporation of Ranson, aka The Cit of Ranson, and P. David Mills - No. 080098. The Circuit Court of Jefferson County certifies two questions:

1. Does the County have the authority to assess impact fees against all developments located within the county limits, regardless of whether those developments are also located within corporate limits of a municipality located within the county?

Circuit Court’s Answer: Yes.

2. If the County does have such authority to assess impact fees throughout the County, including within municipal limits, may the County obligate such municipalities to ensure that such impacts fees are paid prior to: (1) issuance of a subdivision or site plan approval; (b) issuance of a building permit; or (c) approval of a certificate of occupancy, or other development or construction approval?

Circuit Court’s Answer: Yes. - Refuse 5- 0

8.  Sherry Jones v. Princeton Memorial Hospital Company, dba Princeton Health Care Center - No. 072801. Defendant below, Princeton Memorial Hospital Company d/b/a Princeton Health Care Center, appeals the circuit court’s denial of its motion for new trial after an adverse jury verdict in a wrongful termination case, and appeals the court’s award of plaintiff’s attorney’s fees. - Accept to Motion Docket

9.  Linda Judd v. Martha Walker, in her official capacity as Secretary of the West Virginia Department of Health and Human Services; Erika H. Young, in her official capacity as Chair, Board of Review for the West Virginia Department of Health and Human Resources; and Ray Woods, in his official capacity as State Hearing Officer for the West Virginia Department of Health and Human Resources - No. 073633. The DHHR appeals the Circuit Court of Kanawha County’s order granting a writ of certiorari and reversing a decision of the DHHR Board of Review. The court found that Linda Judd meets the eligibility requirements for benefits under the State’s Medicaid Mentally Retarded/Developmentally Disabled (MR/DD) Waiver Program. The DHHR argues inter alia that the court erroneously substituted its own factual findings for those of the hearing examiner and erroneously disregarded evidence, and that the evidence does not support a finding of eligibility. - Refuse 5- 0

10.  Joshua C. Thomas v. Martha Walker, in her official capacity as Secretary of the West Virginia Department of Health and Human Resources; Erika H. Young, in her official capacity as Chair, Board of Review for the West Virginia Department of Health and Human Resources; and Margaret Mann, in her official capacity as State Hearing Officer for the West Virginia Department of Health and Human Resources - No. 073683. The DHHR appeals the Circuit Court of Kanawha County’s order granting a writ of certiorari and reversing a decision of the DHHR Board of Review. The court found that Joshua Thomas meets the eligibility requirements for benefits under the State’s Medicaid Mentally Retarded/Developmentally Disabled (MR/DD) Waiver Program. The DHHR argues inter alia that the court erroneously substituted its own factual findings for those of the hearing examiner and erroneously disregarded evidence, and that the evidence does not support a finding of eligibility. - Refuse 5- 0

11.  Yvonne Marie Lockhart v. Carl David Lockhart - No. 073646. Carl David Lockhart appeals the circuit court’s order which affirmed the family court’s order denying his Motion to Set Aside Final Divorce Order. He argues lack of service of process of the Petition for Divorce and Summons, and even if there was service, he argues that the final order should be set aside under Rule 60(b)(1). - Refuse 4-1 (Starcher)

12.  Thomas C. and Ellen M. Pfadenhauer v. Virgil T. Helton, West Virginia State Tax Commissioner - No. 073647. Thomas and Ellen Pfadenhauer appeal the circuit court’s order affirming the decision of the Office of Tax Appeals affirming the decision of the W.Va. Tax Commissioner. The Commissioner found that Mr. Pfadenhauer’s pension received from the Baltimore Municipal Police and Firemen Retirement System is subject to W.Va. state taxation. - Accept to Motion Docket

13.  State of West Virginia v. James Howard Taylor - No. 073655. James Howard Taylor appeals his conviction for arson. He argues that the State’s case was circumstantial and the State failed to eliminate other possible causes for the fire. - Refuse 5- 0

14.  Bonnie O. Person v. Robert Lee Person - No. 073685. Robert Lee Person appeals the circuit court’s July 23, 2007, "Final Order Consistent with ‘Final Order’ of December 9, 2005." He asserts the circuit court incorrectly held that certain commercial property is marital and incorrectly valued this property. - Accept to Motion Docket

15.  Lonnie Hannah, the duly elected Sheriff of Mingo County, and David Baisden, the duly elected Assessor of Mingo County v. Gregory Smith, a Mingo County Commissioner - No. 073686. Petitioners appeal a three judge panel’s decision denying their petition to remove Gregory Smith from his position as Mingo County Commissioner. They assert inter alia that the panel failed to properly analyze whether respondent’s conduct is grounds for removal under W.Va. Code § 6-6-7. - Accept to Motion Docket

16.  Gary D. Massey v. Eastern Associated Coal Corp, Genex Services, Inc. and Acordia of West Virginia, Inc. - No. 073643. The petitioner, Gary Massey, appeals the trial court’s ruling granting Summary Judgment on behalf of defendants and determined that the plaintiff could not bring a claim for disability discrimination. The petitioner asks that the proceeding be remanded to the trial court and that a new trial be granted. - Accept to Motion Docket

17.  Citizens Telecommunications Company of West Virginia d/b/a Frontier Communications of West Virginia v. Virgil T. Helton, West Virginia State Tax Commissioner - No. 073676. The Citizens Telecommunications Company appeals from an Order by the Kanawha County Circuit Court which affirmed the West Virginia Office of Tax Appeals decision to uphold the Tax Commissioners decision not to grant a request for a tax refund of $1,998,987.78 for tax year 2004. On appeal, Frontier Communications argues that the company is entitled to the refund requested. - Accept to Motion Docket

18.  State of West Virginia ex rel Ross Bonifacio Abido v. Thomas L. McBride, Warden - No. 073694. In this Habeas Corpus proceeding, the petitioner, Ross Bonifacio Abido, appeals from a June 27, 2007, Order from the Nicholas County Circuit Court finding that the petitioner’s trial counsel was not ineffective. As a result of the Court’s Order, petitioner’s conviction on two counts of First Degree Sexual Assault and one count of Sexual Abuse were allowed to stand. - Refuse 5- 0

19.  Bernard Boggs, as Administrator of the Estate of Hilda Boggs v. Camden-Clark Memorial Hospital Corporation - No. 073696. The petitioner, Camden-Clark Memorial Hospital Corporation, appeals an Order from the Wood County Circuit Clerk granting plaintiff’s renewed Motion for Sanctions and Motion for Attorney Fees. The Order directed Camden-Clark to pay $1,359,241.02 to the plaintiff. - Refuse 5- 0