January 16, 2003
1. William Grant Walls and Ruby M. Walls, husband and wife, and Jennings Watts, Jr. and Deborah L. Watts, husband and wife v. Chester DeNoone and Patricia DeNoone, No. 021427. Defendants appeal from the circuit court’s order entered following this Court’s remand of the action to the circuit court with directions.
Refuse 3-2
[ Starcher, C.J., Albright, J. ]
2. State of West Virginia v. David Shanholtz, No. 021429. Defendant was convicted of two counts of sexual abuse by a guardian and two counts of third degree sexual assault. His cumulative sentence was not less than 12 nor more than 40 years. His counsel has filed an Anders brief and has moved for leave to withdraw as counsel.
Refuse 5-0
3. Byrd A. Crawford and Mary Carol Crawford v. Dwarka N. Vemuri and Riverside Medical Associates, Inc., No. 021430. Plaintiffs appeal from an adverse jury verdict rendered in this medical negligence case. They assert various trial errors.
Refuse 4-1
[ McGraw, J. ]
Defendant appeals from the circuit court’s order affirming his magistrate court conviction for driving under the influence.4. State of West Virginia v. Charles Reynolds, No. 021414.
Refuse 5-0
5. Kerry Diane Delapp (now Kisner) v. John David Delapp, No. 021466. Defendant husband appeals from the circuit court’s refusal to consider his petition for review filed from the family law master’s final order on the basis that it was untimely filed.
Grant 3-2
[ Davis, J., Maynard, J. ]
6. State of West Virginia v. Crit Muncy, No. 021467. Defendant was convicted of first degree murder and two counts of malicious assault. He was sentenced to life in prison without mercy along with two indeterminate sentences of 2 to 10 years each to run consecutive with the life without mercy sentence. He appeals his convictions alleging various trial errors.
Accept To Motion Docket
7. Judson E. Shreves, as Administrator of the Estate of Jessie Shreves, deceased v. Saad Mossallati, M.D., No. 021469. Plaintiff appeals from the circuit court’s order denying his motion for a new trial following an adverse jury verdict in this medical malpractice action.
Refuse 5-0
8. State of West Virginia v. Jimmy Lee O’Brien, No. 021476. Defendant appeals from his convictions for DUI causing death and second offense DUI. He asserts various evidentiary and trial errors.
Grant 3-2
[ Davis, J., Maynard, J. ]
9. State of West Virginia v. Cornell Daye, a.k.a. "Jumpshot", No. 021477. Petitioner seeks to have his conviction for possession with intent reversed and dismissed, his recidivist life sentence vacated and the case remanded to develop a record on the firing of the State Police Lab chemist who tested the evidence.
Accept To Motion Docket
10. Barbara S. Taylor v. Bobby J. Ball, Frances J. Ball, Shirley Ball, Culloden PSD & WV American Water Co., No. 021478. This case concerns causes of actions for public and private nuisance and trespass arising out of the defendants discharge of pollutants into waters of the State and onto the Intervenor’s property. Petitioner appeals from the circuit court’s denial of a motion for summary judgment. On appeal, the intervenors seek reversal and remand for entry of summary judgment on liability and a jury trial on the issue of damages.
Accept To Motion Docket
11. State of West Virginia Calvin L. Settle, No. 021508. Petitioner appeals from the circuit court’s denial of his motion for reduction of sentence for his two counts of forgery and burglary.
Refuse 5-0
12. State of West Virginia v. Willard D. Hutchinson, No. 021517. Petitioner appeals from a conviction and sentence of life in prison without the possibility of parole, consecutively with one to five years, for first degree murder and unlawful wounding.
Accept To Motion Docket
13. Quincy Wilson v. Daily Gazette Co., No. 021521. Petitioner appeals from the circuit court’s dismissal through summary judgment on the issue of defamation.
Grant 5-0
14. State of West Virginia v. James O’Neal, No. 021523. Petitioner seeks to overturn his conviction due to the ineffectiveness of his trial counsel, as well as numerous other constitutional defects at trial.
Refuse 4-1
[ Albright, J. ]