January 15, 2004

2.  Sterlin Williamson v. State of West Virginia - No. 031741. Petitioner appeals from the circuit court’s order denying his petition for a writ of coram nobis. Petitioner seeks a reversal of his conviction and the award of a new trial.

Refuse 5-0

3.  In Re: Application of Warren W. Morford, Jr. for admission to the West Virginia State Bar, No. 031462.  Petiioner appeals from the West Virginia Board of Law Examiners’ denial of his application for admission to the practice of law in the State of West Virginia.

Refuse 5-0

4.  In Re: Hearing Loss Litigation - No. 032437. Plaintiffs appeal from the circuit court’s award of summary judgment in favor of defendants finding that plaintiffs’ claims were barred by the statute of limitations.

Refuse 3-2
[Starcher, J., McGraw, J.]

5.  State of West Virginia v. Keith Martin Molineaux - No. 031874. Defendant was convicted on two (2) counts of first degree murder without mercy, robbery, conspiracy to commit robbery, burglary and conspiracy to commit burglary. Defendant was sentenced to life imprisonment without the possibility of parole for both counts of the murder, those sentences to be served consecutively. Defendant seeks a new trial.

Accept To Motion Docket

6.  State of West Virginia v. Marybeth Davis - No. 031880. Defendant appeals from the circuit court’s denial of her post-trial motions for a new trial.

Accept To Motion Docket

7.  Janis Sharon Drake, as Administratrix of the Estate of Nannie Hager v. Richard Snider, and State Farm Mutual Automobile Insurance Company - No. 031887. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendants in this action for fraud and unfair claim settlement practices. Plaintiff asserts that she fully complied with the requirements of Rule 56, W.Va.R.Civ.P., by placing the circuit court on notice of the need for discovery.

Grant 3-2
[Maynard, C.J., Davis, J.]

8.  Maplewood Community, Inc. v. Rebecca Melton Craig, State Tax Commissioner of West Virginia, and Cheryl L. Romano, Assessor of Harrison County, West Virginia - No. 031894. Petitioner appeals from the circuit court’s order denying its petition for review of the State Tax Commissioner’s denial of an exemption from ad valorem property taxes on the basis that petitioner’s facilities serve a charitable purpose.

Grant 5- 0

9.  Thomas Stull, Administrator of the Estate of Robert T. Stull v. White Chrysler-Plymouth-Dodge, Inc., and Brett Wygal- No. 031895.  Petitioner appeals from the circuit court’s order finding that the policy limits of $500,000 liability coverage and $5 million umbrella coverage applied to a customer test driving a vehicle owned by the named insured dealership in this declaratory judgment action.

Refuse 5- 0

10.  James Merle Casto v. State of West Virginia - No. 031883. Petitioner appeals from the circuit court’s order denying his request for transcripts of hearings conducted in his criminal case prior to his plea hearing. Petitioner asserts that such transcripts are necessary to aid him in preparing a petition for a writ of habeas corpus attacking his conviction.

Deferred

11.  In Re: Tobacco Litigation (Individual Personal Injury Cases) - No. 032387. Case involves the certified question of "Does the Federal Cigarette Labeling Act, 15 U.S.C. § 1331, et seq., preempt plaintiffs’ post-July 1, 1969 common law fraudulent concealment claims?"

Circuit Court’s Answer: No.

Refuse 4- 0
[Davis, J. Disqualified]

12.  Marie Richardson v. Kentucky National Insurance Co. - No. 031911.  Plaintiff appeals the circuit court’s refusal to reconsider a jury’s award for attorney’s fees in this insurance case. She maintains that it was the court’s job to determine the amount of the fee award, not the jury’s. She also appeals the court’s decision that, if this Court should reverse the jury’s $10,000 attorney’s fee award, then the proper amount of attorney’s fees would be $8,242.50.

Grant 4- 0
[McGraw, J., Disqualified]

13.  Michelle L. Scales v. Kenneth Pack and Berkeley County Board of Education - No. 031912. Plaintiffs appeal the circuit court’s order dismissing their declaratory judgment action. Plaintiffs assert the court erred in finding that the National Honor Society chapter at a high school is not a public body and does not maintain records which are subject to production pursuant to the WV Freedom of Information Act.

Refuse 5- 0

14.  Roger L. Ware v. Beverley H. Johnson d/b/a Johnson Realty, Inc. - No. 031913. Petitioner appeals from the circuit court’s decision that it is prohibited from proceeding on this case by SER Ware v. Henning, 569 S.E.2d 436 (2002). Ware prohibits the circuit court from proceeding on cases which are ancillary to the matter considered in Ware, and the circuit court determined that this underlying case is ancillary to the Ware matter.

Refuse 5- 0

15.  State of West Virginia v. Paul Dennis Sexton - No. 031919. Petitioner appeals his convictions for 12 counts of first degree sexual abuse, 12 counts of sexual abuse by a custodian, and 5 counts of exhibition of obscene matters to a minor.

Refuse 5- 0

16.  State of West Virginia v. John David Pullin - No. 031944. Petitioner appeals his conviction of two felony counts of delivery of a controlled substance.

Grant 4- 1
[McGraw, J.]

17.  David Randall Hicks and Sandra Sue Hicks v. Sung W. Chang, M.D. - No. 031965. Plaintiffs appeal an adverse jury verdict and the circuit court’s refusal to grant judgment as a matter of law and a new trial in a medical malpractice case.

Refuse 4- 1
[McGraw, J.]

18.  Lois Schoolcraft v. Nichols Board of Education - No. 031966. Petitioner appeals the circuit court’s order which affirmed a decision of the Education & State Employees Grievance Board. Petitioner asserts that she should have been hired as the respondent’s director of transportation and seeks instatement to the position and retroactive wages and benefits.

Refuse 3-2
[McGraw, J., Albright, J.]

19.  Herman Albert Heater v. Elma L (now Butcher) Heater and West Virginia Department of Health and Human Resources - No. 031984. Petitioner appeals the circuit court’s reversal of a family court order and the circuit court’s entry of judgment against petitioner for back child support which accrued during years when petitioner was incarcerated.

Deferred

20.  Commtec/Pomroy Computer Resources v. West Virginia Department of Labor - No. 031981. Pomeroy Computer Resources, Inc., appeals from the circuit court’s order which upheld the administrative decision of the WV Division of Labor in a prevailing wage case.

Refuse 5- 0

21.  L. R. Dorsey, Inc., et al. v. Department of Labor and James R. Lewis - No. 031994. Petitioners appeal the circuit court’s order which affirmed the administrative decision of the West Virginia Division of Labor in a prevailing wage case.

Refuse 5- 0

22.  State of West Virginia v. Andrew McClelland - No. 031986. Petitioner appeals his convictions for three counts of delivery of marijuana and one count of possession with intent to deliver marijuana.

Refuse 4-1
[Starcher, J.]

23.  State of West Virginia v. Bradley Joe Tallarito - No. 032014. Petitioner appeals from the circuit court’s order denying his motion for continuance. The petitioner now appeals the denial of the motion and revocation of his probation for testing positive for marijuana.

Refuse 3-2
[Starcher, J., Albright, J.]

24.  Barbara Spalding, Beverly Dean-Bowles v. West Virginia Bureau of Employment Programs - No. 032018. Petitioner appeals from the circuit court’s order affirming the Grievance ALJ in the appellants suit for discrimination.

Accept To Motion Docket

25.  State of West Virginia v. Mark Harris - No. 032032. Petitioner appeals from his conviction and sentence for kidnaping, second degree sexual assault, recidivism and incest. On appeal, he requests that his convictions and sentences be reversed and his case remanded to the circuit court for a new trial.

Refuse 5- 0

26.  Patty J. Vaughn, et al. v. Putnam County Board of Education - No. 032044. Petitioner appeals certain orders and rulings by the Circuit Court in connection with a one week trial which resulted in a defense jury verdict. The wrongful death action arose as the result of a head on collision between a school bus and a pickup truck. Petitioner argues that the Court failed to give a cautionary instruction to the jury immediately following their trial testimony as well as his ruling on the plaintiffs post-trial motion.

Refuse 5- 0

27.  State of West Virginia v. Brandon Blackmon - No. 032050. Petitioner appeals from the circuit court’s conviction of First Degree Murder and sentence to life without parole. The former Defendant seeks to have the judgment set aside and that he be given a new trial.

Accept To Motion Docket

 

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