Argument
Docket
Tuesday, January 14, 2003
1. (*) Gerald L. Chafin, et al. v. W. R. Gibson, individually/official capacity - 30620 - The petitioners, Gerald L. Chafin, et al., appeal from a summary judgment entered in the Circuit Court of Mingo County in favor of the respondent, W. R. Gibson. The petitioners alleged, inter alia, in their complaint that the respondent defamed them when he named them as "suspects" in a hit-and-run investigation.
2. SER Amanda D. Shinault v. Hon. Mark Snyder, Family Court Judge - 30841- Dismissed.
3. State of W. Va. v. Tony W. Redman - 30534 - The petitioner, Tony W. Redman, appeals from an order entered in the Circuit Court of Putnam County denying his motion for a reduction of his 4 to 55 year penitentiary sentence. The sentence was reimposed following the revocation of the petitioner's probation for controlled substance violations. The petitioner's underlying convictions were for daytime burglary and grand larceny.
4. Retail Designs, Inc. v. WV Division of Highways, et al. - 30679 - The Division of Highways appeals from the circuit court's order directing that an access road to a commercial facility, which is located entirely upon a DOH right-of-way, be closed. Retail Designs, Inc. obtained an injunction arguing that the access road was for a private purpose and created a burden on its neighboring property.
Retail Designs, Inc. v. WV Division of Highways, et al. - 30680 - Petitioners appeal from the circuit court's ordering granting respondent's request for a permanent injunction that prohibits the Division of Highways from using an access road into the One-Gateway Shopping Center located off of U.S. Rt. 19 in Summersville.
5. SER Medical Assurance of West Virginia, Inc. v. Hon. Arthur M. Recht, Judge, et al. - 30840 - No summary available.
6. (#) SER WV Secondary Schools Activity Comm. v. Hon. John S. Hrko, Judge, et al. - 30878 - No summary available. - Continued.
7. SER Roger Wyant v. Keith Brotherton, Circuit Clerk, Circuit Court of Jackson County - 30904 - Prisoner, convicted of first degree murder and sentenced to life without mercy, seeks issuance of writ of mandamus to require circuit clerk to produce to prisoner specified records from his underlying criminal file and in the alternative, to release him from incarceration based upon the clerk's noncompliance with his Freedom of Information Act request. He brought a duplicate action in the circuit court of Jackson Cty which resulted in a denial of the petition for mandamus based upon the circuit clerk's representation to Judge Evans that the prisoner had previously been provided with the file in 1985. - To be presented on briefs only without oral argument.
8. SER Steven Funt v. Hon. Jennifer Bailey Walker, Judge - 30905 - Dismissed.
9. SER Anthony Merchant v. Hon. Charles M. Vickers, Judge - 30906 - Criminal defendant seeks issuance of a writ of mandamus to obtain transcript of grand jury proceedings in his underlying criminal case. - To be presented on briefs only without oral argument.
10. SER Lorenzo D. Valentine v. Hon. John R. Frazier, Judge - 30907 - Petitioner/Defendant seeks the issuance of a writ of mandamus compelling the Circuit Clerk of Mercer County to grant Petitioner/Defendant's Freedom of Information Act request. - Continued.
11. In Re: Tyler D., Alexander A. and Nevaeh D. - 30908 - Petitioners appeal circuit court dispositional order dismissing child abuse and neglect cases numbered 01-JA-23, 01-JA-24, and 01-JA-25 and ordering the return of Tyler D., Alexander A., and Nevaeh D. to their mother, Amanda D.
12. SER John H. Shifflet v. Edward Rudloff, Administrator - 30968 - Continued.
13. SER Laura R. Rose, et al. v. Hon. Sally G. Jackson, Family Court Judge - 30969 - No summary available. - Continued.
14. SER WV DHHR
& William R. Sharpe Hospital v. Hon. Thomas W. Steptoe, Judge, et al. - 30970 - No summary available. - Dismissed.