1. William Grant Walls v. Chester DeNoone, No. 002689. Defendants appeal from the circuit court’s order which found that use of a certain right-of-way had been terminated by abandonment and adverse possession during ownership of the subject real estate by a predecessor-in-title.

Grant 3-2
[Maynard, J., Davis, J.]

 

2. P. Lee Clay v. Selina Rose Clay (now McClure), No. 002686. Plaintiff appeals from the circuit court’s order entered while this divorce action was on remand to the circuit court from the West Virginia Supreme Court of Appeals.

Refuse 5-0

3. Harold W. Hefner v. American Legion Post 15, No. 002791. Defendant, Irene West, appeals from the jury’s verdict in this personal injury action wherein she was found to be jointly and severely liable to plaintiff in the amount of $23,570.22. She was individually assessed punitive damages in the amount of $4,000.

Refuse 5-0

 

4. Harold W. Hefner v. American Legion Post 15, No. 002800. Defendant, American Legion Post 15, appeals from the jury’s award of punitive damages in a case involving a bar fight.

Refuse 5-0

 

5. E. Jane Cosner v. Kevin R. Cosner, No. 002725. Defendant appeals from the circuit court’s order in this divorce action.

Grant 5-0
[ Only As To Issue Of Valuation Of Petitioner’s Business ]
[ McGraw, C.J., Would Grant On All Issues ]

 

6. Carol Shea Carpenter v. Elaine Schaefer, No. 002752. Defendant appeals from the circuit court’s order granting plaintiff a new trial based upon her assertion that she could not hear during the trial proceedings, although she never requested any type of disability accommodation for her hearing deficit.

Refuse 5-0

7. Theodore G. Shoemaker v. William Haines, Warden, No. 001985. Petitioner appeals from the circuit court’s order denying his petition for habeas corpus relief in this omnibus proceeding.

Refuse 3-2
[Starcher, J., Albright, J.]

8. Dale G. Nestor v. Bruce Hardwood Flooring, No. 002766. This appeal is a follow-up to Nester v. Bruce Hardwood Flooring, 206 W.Va. 453, 525 S.E.2d 334 (1999) [per curiam], wherein this action was remanded to afford the Circuit Court an opportunity to set forth findings of fact and conclusions of law with regard to its entry of summary judgment. In granting summary judgment, the Circuit Court ruled that the workers’ compensation discrimination claim of the petitioner, Dale G. Nestor, III, against his former employer, respondent Bruce Hardwood Flooring, failed as a matter of law. Findings of fact and conclusions of law have since been entered, and the petitioner contends that, those findings and conclusions notwithstanding, summary judgment was improper.

Accept for Motion Docket

 

9. Wanda Winship v. James Moore, No. 002685. The petitioner, James Moore, appeals from an order entered in the Circuit Court of Putnam County directing a resale of real estate which was the subject of a partition suit. The resale was ordered because the Circuit Court found that the original successful bidder, respondents Wanda Winship, et al., failed to submit sufficient monetary amounts to secure the purchase price. The petitioner contends that, inasmuch as he submitted the highest validly secured bid, he should have been declared the bona fide purchaser of the real estate, and that a resale is, therefore, unwarranted.

Refuse 3-2
[McGraw, C.J., Starcher, J.]

10. WV Division of Natural Resources v. WV Human Rights Commission, No. 002842. The petitioner, Division of Natural Resources, appeals from orders entered in the Circuit Court of Kanawha County holding that its appeal from a ruling of the Human Rights Commission was untimely filed. The Human Rights Commission found that the respondent, Geraldine Lester-Perry, a former employee of the DNR, was the victim of gender discrimination with regard to her application for a promotion at Beech Fork State Park. The petitioner contends, inter alia, that its appeal should have been considered by the Circuit Court since a miscalculation of the days in February (during leap year 2000) rendered the appeal 1 day late.

Refuse 3-2
[Davis, J., Maynard, J.]

 

11. Leonard Wiley v. Roger Toppings, No. 002861. This is a certified question case wherein the Circuit Court of Lincoln County asks this Court to review certain issues concerning the regulation of timbering operations in West Virginia.

Grant 4-1
[Maynard, J.]

 

 

12. State of West Virginia v. Raymond Paul Revere, No. 002863. The petitioner, Raymond P. Revere, appeals from an order entered in the Circuit Court of Ohio County denying his post-trial motions following his jury conviction of sexual assault in the second degree. The petitioner contends, inter alia, that the Circuit Court erred in failing to order the disclosure of the contents of a mental hygiene petition filed against the victim, where, according to the victim’s trial testimony.

Refuse 3-2
[Starcher, J., Albright, J.]

 

13. State of West Virginia v. Pernell A. Deck, No. 002765. The petitioner, Pernell A. Deck, challenges his conviction in the Circuit Court of Harrison County of second degree sexual assault. The petitioner contends, inter alia, that the Circuit Court erred in denying his motion for a directed verdict, where the State allegedly failed to present any evidence that the victim did not consent to sexual intercourse.

Refuse 4-1
[Starcher, J.]

 

14. State of West Virginia v. Frances Martha Headley, No. 002802. The petitioner, Frances Martha Headley, appeals from her conviction in the Circuit Court of Wood County of the involuntary manslaughter of her male companion, Brian Evans. The petitioner contends that, in view of the history of escalating domestic violence between the petitioner and Mr. Evans, the Circuit Court erred in prohibiting the petitioner from asserting self-defense. In addition, the petitioner contends that the Circuit Court failed to consider the proper factors in entering an order that the petitioner pay restitution to the Estate of Mr. Evans in the amount of $187,209.29.

Grant 5-0

15. Jimmy Dale Adkins v. West Virginia Department of Education, No. 002768. West Virginia Department of Education seeks appeal of circuit court’s reduction of the suspension of a school teacher for 2 years to 1 year for untruthfulness on a certification application.

Grant 4-1
[Starcher, J.]

 

16. State of West Virginia ex rel. Ernest Roy Johnson v. Charles E. King, Judge v. Randy Moss, No. 002905. Battery victim seeks to appeal lower court’s ruling that it lost jurisdiction to require defendant to pay restitution and seeks a writ of mandamus to compel same.

Refuse 3-2
[Maynard, J., Starcher, J.]

 

17. State of West Virginia v. Lowell Eugene Paynter, No. 002940. Petitioner seeks to appeal his conviction of second degree murder for several incidents at trial.

Refuse 4-1
[Starcher, J.]

 

 

 18. Regina G. Wiley v. Princeton Community Hospital Association, Inc., a West Virginia Corporation, No. 003008. Medical malpractice plaintiff seeks to appeal grant of defendant’s motion for summary judgment.

Refuse 4-1
[McGraw, C.J.]