Tuesday, February 6, 2001

1.  Patricia Lou Bradshaw, Adm’x, Estate of James J. Bradshaw, et al. v. David L. Soulsby, M.D., A. C. Velasquez, M.D., Alberto C. Lee, M.D., and Kenneth McNeil, M.D. - 001468 -  The petitioner, Patricia Lou Bradshaw, appeals from an order entered in the Circuit Court of Kanawha County dismissing her wrongful death action for failure to file the complaint within two years following the decedent's death. The petitioner contends that the Circuit Court erred in failing to apply the discovery rule in considering whether the action was timely filed. -  Granted 3-2, Maynard & Davis. 

2. State of W. Va. v. Donald R. Barbe - 001865 - The petitioner, Donald R. Barbe, appeals from eight felony convictions in the Circuit Court of Ohio County upon charges concerning the sexual molestation of two minor children. The petitioner was sentenced upon the convictions to an aggregate term of 80 to 190 years in the penitentiary. In seeking a new trial, the petitioner raises a number of assignments of error. - Refused 3-2, Starcher & Albright.

3.  Alisha Johnson, Per. Rep., Estate of George W. Robertson v. WV Department of Transportation, Division of Highways  - 000317 - Plaintiff appeals from the circuit court's dismissal of defendant, the Dept. Of Transportation, Division of Highways, on the basis of lack of subject matter jurisdiction.  - Granted 3- 1, Albright, (Davis disqualified.) 

4.  State of W. Va. v. Andrew Mugnano- 002378 - The petitioner, Andrew Mugnano, appeals from an order entered in the Circuit Court of Greenbrier County sentencing him to life imprisonment without the possibility of parole for the murder of his wife, Theresa Lynn Mugnano, and to 2 to 10 years for the malicious wounding of an individual named Gary Wayne Simms. The petitioner entered guilty pleas to those offenses. The petitioner contends that his convictions and sentences should be set aside because the State violated his plea agreement and because the Circuit Court violated principles of proportionality in imposing the sentence of life imprisonment without the possibility of parole. - Continued to April 3, 2001. 

5.  Barbara Ray Starcher v. Tonya Elaine Danieley, et al. - 002405 - The petitioner, Barbara Ray Starcher, appeals from an order entered in the Circuit Court of Mercer County awarding her former attorney, respondent Jeffrey H. Krasnow, $16,666 in attorney fees, i.e., 1/3 of a $50,000 settlement offer the respondent allegedly negotiated upon the petitioner's behalf. The Circuit Court allowed the respondent to withdraw from representation of the petitioner the day before the scheduled trial, and the petitioner settled the case upon her own for $51,500. The petitioner contends, inter alia, that the award of attorney fees was unjustified because the respondent's late withdrawal was prejudicial to the petitioner. - Refused 5- 0.

6.  Joseph W. Corder, Jr., Exe’r, Estate of Jane W. Mills v. William W. Smith Excavating Co., and United States Fidelity & Guaranty Company - 002574 - Petitioners appeal from the circuit court's order granting USF&G's motion for summary judgment on the declaratory judgment count of plaintiff's Complaint and ordering that USF&G had no duty to defend petitioner, William W. Smith Excavating Co.  -  Granted 4-1, Maynard. 

7.  Donna J. Napier, Anna Lee Trautwein and Jack Compton v. B. R. Compton and Tivis Compton (now deceased) - 002620 - The petitioner, B. R. Compton, appeals from an order entered in the Circuit Court of Cabell County adopting the recommendation of the Special Fiduciary Commissioner that a constructive trust be imposed upon certain transfers of property between Tivis Compton and the petitioner. Tivis Compton, now deceased, is the father of the petitioner and the respondents, Donna J. Napier, et al. The constructive trust was imposed based upon a finding by the Special Fiduciary Commissioner that Tivis Compton suffered a physical and mental deterioration prior to his death at age 87. The petitioner contends, inter alia, that the respondents failed to establish that Tivis Compton was incompetent, especially with regard to the specific transfers in question. - Granted 5- 0.

8.  David M. Harris, M.D. v. Hamilton Jones and Mutual Insurance Agency, Inc. - 002565 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendants on all counts on the basis of the statutes of limitation.  - Granted 5- 0.

9.  State of W. Va. v. James Richard Smith - 002629 - Defendant appeals from his convictions on one count of first degree murder, two counts of attempted first degree murder and one count of malicious wounding. Defendant was also convicted under a recidivist information. He was sentenced to life without mercy on the murder conviction, life with mercy on the malicious wounding, and 1 to 5 years each on the attempted murder convictions. - Refused 3-2, Starcher & Albright.