Argument
Docket Tuesday, January 12, 2010
Supreme Court of Appeals of West Virginia
Argument
Docket
Tuesday, January 12, 2010
1. Lawyer Disciplinary Board v. G. Patrick Stanton, Jr. - 34257 - Petitioner has been charged with Misconduct engaging dishonesty, fraud, deceit when he gained access to a "client" (Rose Auvil) with his driver's license and WV bar card; and conduct prejudicial to administration of justice when he engaged in sexual conduct with the "client". Petitioner denies Auvil is a client although he has represented her on various matters over the years.
2. Lawyer Disciplinary Board v. Jeffrey L. Barton - 34623 - Petitioner charges the Respondent with violation of Rules: 1.15, Safekeeping Property; 1.16 Declining or Terminating Representation; 8.4 Misconduct; 1.5 Fees; and 1.8 Conflict of Interest: Prohibited Transactions.
3. Lawyer Disciplinary
Board v. Kenneth E. Chittum
- 34733 - The Investigative Panel has found probable cause exist to charge Respondent with violation of the Rules of Professional Conduct.
Rule 1.3 - Diligence, failure to deliver personal belonging to client;
Rule 1.4 - Communication, failure to communicate with client;
Rule 1.8 - Conflict of Interest; Prohibited Transaction, Respondent deposited his personal funds in client's prison account not related to litigation;
Rule 8.4 - Misconduct, Respondent initiated a personal relationship with client;
Rule 1.15 - Safekeeping of property, failure to properly maintain a separate client trust account with personal money.
4. Village of Barboursville v. Godfred Gonuh - 34629 - Mr. Gonuh appeals the circuit court's 12/27/07 order finding him guilty of driving 102 mph in a 70 mph zone. - To be presented on briefs only without oral argument.
5. Samantha Beane v. Barry J. Dailey, II - 34630 - Mr. Dailey appeals the circuit court's 01/08/08 Order-Award of Damages following its entry of its default judgment against him in an order entered on 08/01/03. - To be presented on briefs only without oral argument.
6. State of West Virginia v. Ray Rash - 34708 - Petitioner appeals his conviction of one count of sexual abuse in the first degree, one count of sexual assault in the first degree, and one count of sexual abuse by a custodian. - To be presented on briefs only without oral argument.
7. State of West Virginia v. Justin Keith Black - 34722 - Justin Keith Black appeals his conviction for second degree murder. He alleges multiple trial errors, including the failure to suppress his statement to police, the exclusion of expert and other testimony, the denial of a motion to change venue, the failure to disclose exculpatory evidence and the specific time of the offense, and improper comment by the prosecutor. - To be presented on briefs only without oral argument.
8. SER Christopher Browning v. Hon. Daniel P. O'Hanlon, Judge - 35135 - Petitioner seeks issuance of a writ of mandamus arguing that circuit court has acted with unreasonable delay in ruling upon his underlying habeas corpus petition. - Dismissed
9. SER Frantz Henry Morris v. Hon. James P. Mazzone, Judge - 35137 - Petitioner seeks to compel the lower court to rule on his motion to set aside his conviction - Dismissed
10. SER Lawrence E. Scible v. Hon. Paul M. Blake, Jr., Judge - 35136 - Dismissed
The briefs and other filings are provided in PDF format.
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