Supreme Court of s of West Virginia
Motion Docket
Wednesday, January 14, 2009
Votes taken on January 22, 2009
Justice
Albright did not participate in the consideration or decision of the cases on
this docket. 1. SER David Rosenberg v. Howard Painter, Warden - 081009 - Petitioner, David Rosenberger, appeals a denial of habeas corpus relief in the Putnam County Circuit Court on July 6, 2007. Petitioner Rosenberger primarily argued that he was denied his constitutional right to a fair trial due to the ineffective assistance of counsel and cumulative error from various errors during his trial. In 1995, the petitioner was convicted of First Degree Murder.
Grant 3-2 (Davis, Ketchum) 2. SER Darrell V. McGraw, Jr. v. Able Debt Settlement, Inc. - 080715
- Petitioner appeals from the circuit court's order granting injunctive relief to respondent in this action arising out of an investigative subpoena directed to petitioner. Petitioner asserts that the circuit court made various procedural, jurisdictional, and constitutional errors below. Petitioner seeks a reversal of the circuit court's orders and such additional relief as this Court deems proper.
Refuse 3-2 (Benjamin, Davis) 3. State of West Virginia v. Edward C. Grimes - 080751 - Edward Charles Grimes appeals his conviction for second degree murder. He alleges inter alia a Brady violation, misconduct before the grand jury, evidentiary error, insufficient evidence to allow the jury to consider first degree murder, that the court should have granted his dispositive motions, and disproportionate
sentence .Continued
4. State of West Virginia v. Ray E. Carey - 081190 - Defendant appeals from his conviction of domestic violence. Defendant seeks a reversal of his conviction or, in the alternative, that his case be remanded to the magistrate court for a new trial where he has the opportunity to present his entire case.Continued
5. Mindy and Billy McCormick v. Wal-Mart Stores, Inc. - 081484
- Defendant Wal-Mart appeals from the circuit court's order finding that a Resolution of Dispute section of a contract bars any action or suit regarding the contract from being brought more than one year after completion of services under the contract, including any action for express indemnification pursuant to the contract. Wal-Mart seeks a reversal of the circuit court's decision. Continued
6. Phil Mattice v. Royal Vendors, Inc. - 081485 - Defendant appeals from an adverse jury verdict in this action for declaratory relief, tortious interference with perspective employment relationships, and allegations of quantum meruit and unjust enrichment. A total verdict was entered against defendant in the amount of $518,000, plus pre-judgment interest in the amount of $43,093.60 on plaintiff's special damages, plus post-judgment interest at the rate of 9.75% per annum, until paid, and costs. Defendant raises numerous evidentiary, instructional, and procedural errors below.
Refuse 5-0 7. State of West Virginia v. Charles M. Biehl - 081466 - Defendant appeals from his conviction of first degree murder without mercy. He was sentenced to life without the possibility of parole. Defendant challenges the verdict on the sufficiency of the evidence and alleges error relating to jury instructions and the use of Rule 404(b) evidence. Defendant seeks a dismissal or remand for a new trial. Grant
3-2 (Benjamin, Davis) 8. Daniel Lee Hoke, et al. v. WV State Police and Sidney Scott
Keaton - 081699 - Plaintiffs appeal from the circuit court's order dismissing this action under Rule 12(b)(6) for failure to state a cause of action. The circuit court found, inter alia, that plaintiffs had failed to allege facts satisfying the "public duty" doctrine of Parkulo v. WV Board of Probation and Parole, 199 W.Va. 161, 483 S.E. 2d 507 I1996).Refuse
5-0 9. Lloyd Michael Noland, RN v. Virginia Insurance Reciprocal, et al.
- 081542 - In a case seeking a declaratory judgment on insurance coverage issues and asserting first party bad faith claims, plaintiff Lloyd Michael Noland appeals adverse portions of a summary judgment order and orders granting motions to dismiss later added defendants.
Grant 3-2 (McHugh, Ketchum)
Senior Status Justice McHugh sitting by temporary assignment.
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