Tuesday, January 11, 2000

1.  State ex rel. Roger McKinney v. Hon. Rodney B. Merrifield, Judge - 26642 - No summary available.  - Dismissed  

2.  State ex rel. Bryan L. Allen v. Paul W. Kirby, Commissioner, et al. -  26644 - Allen seeks a writ of mandamus compelling the Department of Corrections to transfer him from South Central Regional Jail to  a state prison facility.  - To be presented on briefs only without oral argument. 

3.  State ex rel. William H. Johnson v. Circuit Court of Cabell County - 26646 - No summary available. -  Dismissed  

4.  State ex rel. Daniel L. Sams v. Paul W. Kirby, Commissioner, et al. - 26647 - Sams requests a writ of mandamus compelling the Department of Corrections to transfer him from the regional jail to a state penal institution. - To be presented on briefs only without oral argument. 

5.  State ex rel. Randy Thornton v. Hon. Charles L. Vickers, Judge - 26648 - Thornton seeks a writ o mandamus to compel Judge Vickers to rule on his habeas petition (filed 4/8/98).  - To be presented on briefs only without oral argument. 

6.   Lawyer Disciplinary Board v. Truman Lynch Sayre - 24483 - Sayre petitions for review of the Lawyer Disciplinary Board's Hearing Panel Subcommittee decision recommending that Sayre's law license not be reinstated.  - To be presented on briefs only without oral argument. 

7.  State ex rel. Leartha Wells v. Hon. Robert B. Stone, Judge, et al. - 26652 - Petitioner seeks rulings.  Motions for summary judgment,  motions to dismiss and motion for leave to amend all pending for more than one year.  - To be presented on briefs only without oral argument. 

8.   State ex rel. David Davidson v. Hon. Jay M. Hoke, Judge, et al. - 26738 - Petitioners seek to prohibit enforcement of an order granting declaratory judgment to plaintiffs, denying defendants' cross motion for declaratory judgment and requiring the parties to proceed to trial.  The underlying case involves allegations of breach of contract and the tort of outrage with respect to defendants' construction of plaintiffs' home.  The defendant is in bankruptcy.  

9.    State ex rel. Morgan Ringler, et al. v. Hon. Rodney Merrifield, Judge - 26740 - Ringler and Davis petition for a Writ of Prohibition/Mandamus seeking to prevent Judge Merrifield from holding any further hearings in their cases before the Circuit Court of Marion County and compelling Judge Merrifield to transmit forthwith to the Chief Justice of the West Virginia Supreme Court of Appeals, a copy of the motions and certificates seeking disqualification of Judge Merrifield from hearing their cases. - Dismissed  

10.  State ex rel. Don R. Weekley v. Glenda Brooks, Circuit Clerk - 26744 - Weekley seeks an order directing the Circuit Court Clerks of Brooke and Hancock Counties to send him copies of transcripts and other documents relating to his convictions. - Dismissed. 

11.  State ex rel. Don R. Weekley v. Harry J. Robinson, Circuit Clerk - 26745 - Weekley seeks a writ of mandamus compelling the Circuit Clerk of Hancock County to send him copies of transcripts and other documents relating to his convictions - To be presented on briefs only without oral argument. 

12.   State ex rel. Brian A. Pugh v. Hon. A. Andrew MacQueen, III, Judge - 26746 - Pugh suggests that he has been wrongfully deprived of his right to appeal and asks this Court to "take appropriate action."  A motion to resentence for purposes of appeal was filed in Kanawha County Circuit Court by the Public Defender Office, but Judge MacQueen has not ruled on the motion (even though an agreed order has been submitted). - Dismissed. 

13.   State ex rel. Bonny L. Hall v. James N. Liller, Warden - 26832 - In this original habeas corpus case, the petitioner, Bonny L. Hall, challenges her Harrison County conviction of murder of the first degree, with mercy.  One of the issues raised by the petitioner concerns whether she waived her right to testify in the underlying trial. 

14.  State ex rel. Billy Ray McLaughlin v. Hon. Charles M. Vickers, Judge - 26835 - Petitioner seeks to prohibit the transfer of his habeas corpus case from Fayette County to Greenbrier County.  - To be presented on briefs only without oral argument. 

15.  State ex rel. Morgantown Tennis Club, Inc., et al. v. Hon. Robert B. Stone, Judge - 26836 -  Petitioners seek to compel the lower court to rule on pending motions and enter a final order.  Matter was tried in August 1994. - To be presented on briefs only without oral argument. 

16.   State ex rel. The Barden & Robeson Corp., et al. v. Hon. George W. Hill, Jr., et al. - 26837 - Petitioners seek to prohibit enforcement of an Order of Default  Judgment.  Petitioners argue that the arbitration provision in the contract divested the Circuit Court of Wood County of subject matter jurisdiction.  Barden & Robeson provides pre-engineered building materials.  It is not a general contractor.  Through an independent dealer Barden & Robeson was contracted by Fellowship Baptist Church regarding an addition.  Disputes arose.  The material contract had an arbitration clause.  The complaint was filed on April 7, 1997.  On or about June 1, 1999 Fellowship Baptist Church requested and the Court entered a default judgment.  Barden and Robeson filed a Motion to Set Aside Default Judgment.  At a hearing on July 16, 1999 the Court announced its intention to deny the motion.  However, no order has been entered. 

17.  State ex rel. Teresa C. v. Terri Williams, Court Reporter - 26838 - Petitioner seeks a writ of mandamus compelling the respondent court reporter to provide petitioner's counsel with a transcript of an abuse/neglect proceeding, which resulted in termination of petitioner's parental rights. -  To be presented on briefs only without oral argument. 

18.  State ex rel. Pardee Resources v. Carole Jones, Circuit Clerk - 26839 -  No summary available. -  Dismissed  

19.   State ex rel. Roadway Express, Inc. v. Hon. Andrew N. Frye, Judge, et al. - 26741 - No summary available. -  Dismissed  

20.  State ex rel. American Civil Liberties Union of West Virginia v. Hon. A. Andrew MacQueen, Judge, et al. - 26843 - No summary available. - To be presented on briefs only without oral argument. 

21.  State ex rel. West Virginia Dept. of Health & Human Resources, Chastity D., et al. v. Hon. George W. Hill, Jr., - 26844 - West Virginia Dept. of Health & Human Resources petitions for a writ of mandamus, seeking to compel Judge Hill to hold hearing to determine whether the parental rights of the fathers of eleven children should be terminated.  The fathers are either unknown or have otherwise abandoned the children.  - To be presented on briefs only without oral argument. 

22.  State ex rel.  Robert Davis v. William F. Vieweg, Commissioner, et al. - 26846 - Petitioner, a workers' compensation claimant, seeks a writ of mandamus compelling the WV Workers' Compensation  Commissioner, Vieweg, to enter protestable orders and to pay petitioner's attorney fees and costs. 

23.  State ex rel. Bobby Davis v. Hon. Thomas W. Steptoe, Jr., Judge, et al. - 26846 - No summary available. -  Dismissed  

24.  State ex rel. Jack Crafton, et al. v. Hon. Robert A. Burnside, Jr., et al. - 26847 - Crafton, et al., petition for a writ of prohibition seeking to prevent Judge Burnside from proceeding in the underlying cases under a reverse bifurcation procedure and using Rule 60 of the West Virginia Rules of Civil Procedure to rule on motions to amend Rule 16 orders.

25.  State ex rel. Deborah L. McHenry, Clerk v. Rebecca Robie, Temporary Court Reporter - 26897 - No summary available.  -  Dismissed