2. Carol Graham v. Putnam County Board of Education, No. 012364. Petitioner appeals from the circuit court’s order upholding the decision of the West Virginia Education and State Employee’s Grievance Board that found that the Board of Education had properly suspended petitioner and that although petitioner had demonstrated a prima facie case of reprisal, the Board of Education had provided a legitimate, non-pretextual reason for its actions, which defeated petitioner’s reprisal claim.

3. SER Andrew Mugnano v. Howard Painter-Warden, No. 012369. Petitioner appeals from the circuit court’s summary denial of his pro se petition for a writ of habeas corpus where the circuit court did not appoint counsel to petitioner. Petitioner was appointed counsel for the purpose of this appeal and seeks to have this matter remanded to develop a record on his claim that he was denied effective assistance of counsel at sentencing.

 

4. Anthony Miller v. Patriot Mining v. Hillside Trucking, Inc., No. 012378. Petitioner and third-party defendant, Hillside Trucking, Inc., appeals from the circuit court’s award of summary judgment in favor of defendant and third-party plaintiff, Patriot Mining Company, Inc., finding that indemnity agreements are enforceable against an employer/indemnitor notwithstanding limitations upon such agreements found in the Workers’ Compensation Act.

 

5. International Beauty School v. Jamie L. Schultz-Contreras, No. 012388. Defendant appeals from the circuit court’s order dismissing her counterclaim under the debt collection provisions of the Consumer Credit and Protection Act.

 

6. State of West Virginia v. David Anderson, No. 012398. Defendant appeals from his conviction on the charge of transferring stolen property. His sentence of 12 months in the county jail was suspended and defendant was placed on probation for two years.

 

7. Weiss & Biheller v. Champion Glass Ltd. v. Pennsboro Glass Co., No. 012399. Petitioner appeals from the trial court’s denial of its pre-verdict motion for judgment as a matter of law and its post-trial motion for judgment as a matter of law or, alternatively, for a new trial after an adverse jury verdict.

8. Betty A. Tiernan v. Charleston Area Medical Center, Inc., No. 012404. Plaintiff appeals from the order entered by the circuit court on remand from this court in Tiernan v. Charleston Area Medical Center, Inc., 506 S.E.2d 578 (W.Va. 1998) in relation to plaintiff’s claims for breach of contract, detrimental reliance and violation of statutory and regulatory policies. Plaintiff also asks this Court to revisit and overturn that portion of its decision in Tiernan dismissing her tortious interference claim.

9. Marshall County Board of Education v. David N. Gaudino, No. 012405. Petitioner appeals from the circuit court’s order that reversed the ruling of the Administrative Law Judge awarding him the position of Guidance Counselor at John Marshall High School.

 

10. City of Dunbar v. Dunbar Professional Firefighters Local 1228, No. 012365. The petitioner, City of Dunbar, appeals from an order entered in the Circuit Court of Kanawha County affirming a Grievance Board decision favorable to the respondent, The Dunbar Professional Firefighters IAFF Local 1228. The controversy concerns the continuation of a collective bargaining agreement between the parties and, in addition, various employment benefits to which the City’s firefighters assert they were entitled. The petitioner, City of Dunbar, contends, inter alia, that the Circuit Court committed error in refusing to reverse the Grievance Board’s decision: (1) where the collective bargaining agreement did not extend beyond its stated expiration date and (2) where arbitration machinery and jurisdiction did not exist for the Grievance Board to arbitrate or grant relief in favor of the firefighters.

 

11. SER Bryan L. Moore v. Kristopher Roode, No. 012408. The petitioner, Kristopher Roode, appeals from an order entered in the Circuit Court of Webster County revoking his probation and sentencing him to incarceration at the Central Regional Jail. The revocation of probation was based upon the petitioner’s possession of contraband found upon his person during a warrantless search conducted by a police officer. The petitioner contends that the warrantless search was unreasonable and in violation of his constitutional rights.

 

12. Betty Bender v. Alderson-Broaddus College, No. 012411. The petitioner, Betty Bender, appeals from a summary judgment entered in the Circuit Court of Barbour County in favor of the respondent, Alderson-Broaddus College. The petitioner, a student in the College’s nursing program, successfully completed the course requirements but was dismissed during her final year when the College adopted increased completion standards. The petitioner contends, inter alia, that the Circuit Court committed error in holding that a private college is permitted to increase the requirements for completion of a sequential multi-year degree program after a student has enrolled and completed a portion of the program.

13. SER DHHR v. Charles William Hewitt, No. 012412. The petitioner, West Virginia Department of Health and Human Resources, appeals from an order entered in the Circuit Court of Ohio County granting mandamus relief to the respondent, Dr. Charles William Hewitt, and directing the DHHR to pay Dr. Hewitt in excess of $71,000, plus interest, for services as a court-appointed expert in various juvenile delinquency and child abuse and neglect cases. The petitioner DHHR contends, inter alia, that the question of payment to Dr. Hewitt should have been brought before the West Virginia Court of Claims, rather than presented to the Circuit Court.

 

14. John Wassick, III v. Dennis N. Johnson, No. 012419. The petitioner, Dennis N. Johnson, (defendant below) appeals from a summary judgment entered in the Circuit Court of Monongalia County in favor of the respondent (plaintiff below), John Wassick, d/b/a Wassick Novelty. The Circuit Court determined that petitioner Johnson, who leased coin-operated amusement devices from Wassick, breached the lease by obtaining such devices from third parties. Petitioner Johnson contends that the lease with Wassick was unconscionable and that, therefore, the entry of summary judgment against him was unwarranted.

15. State of West Virginia v. Charles Eugene Clemins, No. 012424. The petitioner, Charles Eugene Clemins, appeals from an order entered in the Circuit Court of McDowell County sentencing him to a determinate term of 86 years in the penitentiary upon his conviction (pursuant to a guilty plea) of aggravated robbery. The victim was an elderly woman living in Welch, West Virginia. The petitioner contends, inter alia, that the Circuit Court abused its discretion in imposing a sentence that is excessive and that violates constitutional principles of proportionality.

16. State of West Virginia v. Sara L. Howard, No. 012425. The petitioner, Sara L. Howard, challenges her convictions, upon nolo contendre pleas, entered in the Circuit Court of Berkeley County of three counts of child abuse, or neglect, resulting in death. The convictions arose from the death of the petitioner’s three infant children caused by a house fire in Martinsburg, West Virginia. The petitioner contends, inter alia, that the Circuit Court committed error in refusing to dismiss the indictment, where it was shown that the indictment was based upon erroneous scientific and expert evidence presented to the grand jury.

17. State of West Virginia v. Paula J. Nelson, No. 012428. The petitioner, Paula J. Nelson, appeals from an order entered in the Circuit Court of Putnam County sentencing her to 40 years in the penitentiary for her conviction, upon a plea of guilty, of 2nd degree murder. According to the State, the petitioner, a child care service provider, killed a 7 month old infant. The petitioner contends that the Circuit Court committed error in not granting her motion to suppress various statements she gave to the police.

18. State of West Virginia v. Thomas E. Griffin, No. 012431. The petitioner, Thomas E. Griffin, appeals from an order entered in the Circuit Court of Kanawha County sentencing him to the penitentiary for the offense of attempted breaking and entering. According to the State, the petitioner attempted to break and enter a dwelling house in Cedar Grove, West Virginia. The petitioner contends: (1) that the Circuit Court committed error in denying his motion to strike a juror for cause and (2) that his conviction should be set aside because of ineffective assistance of counsel.

 

19. Sharon Megginson, Franklin Thurston, Willie Stephens, Maurice Snellings, Moses Gant, Ida M. James, Kennith Williams, Zina Watts, and Couvertier G. Vazquez v. Management and Training Corporation and Charleston Job Corps Center National Alumni Association, Gloria Stewart and Carol Glasser, No. 011537. Petitioner seeks to appeal the lower court grant of summary judgment to her former employer against whom plaintiff alleged racial discrimination and wrongful termination.

20. State of West Virginia v. Robert Reed, II, No. 012433. Criminal defendant seeks to appeal denial of habeas relief following an omnibus hearing on the basis of insufficiency of evidence and ineffective assistance of counsel.

21. Donna P. Waddell v. John Q. Hammons Hotel, Inc., Weingardner-Hammons (a corporation) d/b/a Embassy Suites Hotel, and Brian Sims, individually and Jay Johnson, individually - No. 012437. Petitioner seeks to appeal entry of summary judgment on behalf of her employer on her claims of age discrimination.

 

22. Florence A. Hawkey v. The City of McMechen, William Kern, Mayor of the City of McMechen, and the Common Council of the City of McMechen, Ralph Taylor, Pauline Svrcek, Michael Gracik, Kenneth Robbins, Frederick Porter, II and Charles Pyle, No. 012440. Former City Clerk seeks to appeal denial of a writ of mandamus with regard to her claims for a percentage of monies collected during her tenure.