January 18, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, January 18, 2005

1. Gregory C. Burdette v. Michael Coleman, Warden - 041107- Petitioner appeals from the denial of his omnibus petition for a writ of habeas corpus. He was previously convicted of first degree felony murder with a recommendation of mercy, kidnaping without a recommendation of mercy, six counts of forgery and six counts of uttering. - Refuse 4 - 1, Starcher.

2. Lawrence Pettey and Robert Rhodes v. WV Division of Corrections, Mt. Olive Correctional Center, and WV Division of Personnel - 041368 - Petitioners appeal from the circuit court's order which affirmed the denial of their state employee grievances. Petitioners are Correctional Officers V who assert that they should be reclassified and paid as Correctional Officers VI based upon the duties they perform. - Refuse 4 - 1, Starcher.

3. Helena R. McQuain v. Mikel Collins and Nancy Collins - 041264 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendants in this action to quiet title to a certain tract of land in Randolph County. - Refuse 3 - 2 , Albright & Starcher.

4. State of W. Va. v. Helen Regina Webster - 041292 - Petitioner appeals her conviction for domestic battery. She asserts that the circuit court erred by not permitting her counsel to make a closing argument and by excluding evidence of the victim's prior acts of violence against her. - Grant 4 - 1, Davis.

5. Jessica Satterfield v. Erie Insurance Property and Casualty Co. - 041251 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of defendant insurance company in this declaratory judgment action to determine coverage issues. - Grant 4 - 1, Starcher.

6. Westbrook Health Services, Inc. v. W. Va. Division of Labor - 041050 - Petitioner employer appeals from the circuit court's order affirming a decision of the Labor Commissioner that certain former employees of petitioner were entitled to unpaid wages for balances under various leave policies upon the termination of their employment. - Refuse 3 - 2, Davis & Benjamin.

7. Heeter Construction, Inc. v/ WV Human Rights Commission and Peter Kelly, Octavia E. Binder, Kerrry L. Walker, Timothy E. Boykins, Sherri Thomas and Andrea Thomas-Pauley - 041406 - Heeter Construction, Inc., appeals from the Human Rights Commission's decision that it committed race, age, and gender discrimination when hiring employees for two highway construction projects. - Grant 4 - 1, Starcher.

8. SER Darnell A. Allen, Jr. v. Howard Painter, Warden - 041537 - Petitioner appeals from the circuit court's order denying his petition for a writ of habeas corpus. Petitioner's conviction of first degree murder without a recommendation of mercy was affirmed by this Court in State of West Virginia v. Allen, 506 S.E.2d 46 (1998). - Refuse 3 - 2 , Albright & Starcher.