Argument
Docket
Wednesday, January 15, 2003
1. William T. McCoy, et al. v. Scott Miller, M.D., et al. - 30632 - This appeal arises from events following the decision of this Court in McCoy v. C.A.M.C., 210 W.Va. 324, 557 S.E.2d 378 (2001). The petitioners, William McCoy and Beverly McCoy, who have since alleged a new theory of liability in their medical malpractice action against the respondent physicians, appeal from orders entered in the Circuit Court of Kanawha County dismissing the action (and new theory) as untimely filed. The petitioners contend that, in so ruling, the Circuit Court failed to properly apply the discovery rule.
2. State of W. Va. v. Roger Paul Parsons - 30693 - No summary available.
3. In Re: Rebecca K. C. - 30599 - Mother appeals circuit court order terminating her parental rights, asserting that there was insufficient evidence to support termination. - To be submitted on briefs only without oral argument.
4. SER Ricco Ballard v. Howard Painter, Warden - 30648 - Petitioner appeals from the circuit court's order denying his petition for habeas corpus.
5. State of W. Va. v. Robert Joel McCraine - 30592 - Defendant appeals from his convictions of third offense DUI and driving while revoked for DUI.
6. Clark Apartments by J. E. Wood v. Lawrence Walaszcayk - 30526 - Defendant appeals from the circuit court's award of damages to the landlord in the amount of $2,610.00 in this landlord/tenant dispute.
7. Steven Tackett v. American Motorists Insurance Co. - 30633 - The petitioner, Steven Tackett, appeals from a summary judgment entered in the Circuit Court of Cabell County in favor of the respondent, American Motorist Insurance Company. The Circuit Court determined that the respondent's duty to defend, pursuant to the commercial general liability insurance policy it issued, was not triggered by a lawsuit alleging, inter alia, that the petitioner, a clothing store manager, sexually harassed a young female customer. The petitioner contends that the summary judgment was entered in error because the Circuit Court failed to recognize the distinction between "Coverage A" and "Coverage B" commonly found in commercial general liability insurance policies.
8. Mark Conley, et al. v. Billy Johnson, et al. - 30653 - Petitioners appeal circuit court order granting summary judgment to defendants below in declaratory judgment action brought by Petitioners on contract for purchase of real estate. Petitioners sought specific performance of the agreement. - To be submitted on briefs only without oral argument.
9. State of W. Va. v. Hallie Brewster - 30598 - Petitioner appeals circuit court order sentencing him to 15-35 years in the pentiteniary for his guilty plea to one count of sexual abuse in the first degree. - To be submitted on briefs only without oral argument.
10. Crystal Johnston Mills, et al. v. Krista Watkins, et al. - 30694 - Plaintiff appeals circuit court order dismissing bad faith and fraud claims against Nationwide, insurer of the vehicle in which she was a passenger suffering injuries to her shoulder when she was 16. She reached a settlement with Nationwide and court approval was given for the settlement as she was underage. After coming of age, she sought to sue Nationwide for fraud in misrepresentation to her and her parents the amount of the policy proceeds available for settlement purposes and asserting that such practices constituted a general business practice which violated the statutory Unfair Claims Practices Act.
11. State of W. Va. v. Artie Shrewsbury - 30597 - The petitioner, Artie Shrewsbury, appeals from an order entered in the Circuit Court of Mercer County sentencing him to the penitentiary upon his multiple convictions of first degree sexual assault and first degree sexual abuse with regard to two children. Although the children did not testify at trial, the State called a "play therapist" who testified that, during therapy, the children revealed that the petitioner engaged them in repeated sexual activity. The petitioner contends that the State's use of a play therapist violated his constitutional right to confront his accusers. - To be submitted on briefs only without oral argument.
12. State of W. Va. v. Marvin Haden - 30650 - The petitioner, Marvin Haden, appeals from his conviction in the Circuit Court of Randolph County of DUI third or subsequent offense. The petitioner contends, inter alia, that the Circuit Court committed error in allowing the State to correct an error in the indictment upon the day of trial.
13. Louis Pelliccioni, Jr. v. Debra Pelliccioni - 30630 - Petitioner appeals from the circuit court's order affirming the recommended decision of the family law master, which denied both an extension of alimony and a modification of child support as requested by petitioner.
14. SER John H. Shifflet v. Edward Rudloff, Administrator - 30968 - No summary available.