1. State of West Virginia v. Sheila Jean Brooks, No. 021549. Defendant appeals from her conviction for misdemeanor battery. She was sentenced to one year imprisonment with a fine of $500, both of which were suspended. Defendant was placed on probation with six months home confinement and 450 hours of community service. She raises various trial errors.

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

2. SER Harry A. Barron v. Howard Painter, Warden, No. 021550. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus.

 

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

3. Margaret Ways, Douglas Brill, William E. Crum, Dael Copeland, Gwendolyn Shells, Edgar Carter and Larry Linton, individually and as representatives of the class v. Imation Enterprises Corporation, Minnesota Mining and Manufacturing Corporations d/b/a 3M, Charles Oesterlein, Barbara Cederberg, K. C. Lum. Larry Doris, Sam Adams, Dean Stickel and Clarence Ruppenthal, individually and as agents of 3M/Imation, and Spectratech International, Inc. - Docket No. 021551. Plaintiffs appeal from the circuit court’s order denying class certification in this action for damages based upon breach of contract and discrimination in employment.

Grant 5-0

4. Absure, Inc. v. Terry L. Huffman and Lisa Huffman, No. 021559. Defendants appeal from the circuit court’s order of summary judgment in favor of the plaintiff in this action to recover certain monies arising out of a real estate transaction based upon theories of restitution and unjust enrichment.

Grant 5-0

5. Ray Wilson v. Monongalia County Board of Education, No. 021562. The Board of Education appeals from the circuit court’s order reversing the Grievance Board’s decision and finding that the Board of Education lacked the discretion to hire a school psychologist with a doctorate in psychology over a guidance counselor, who was a more senior applicant, for the position of assistant principal.

Refuse 4-1
[ Davis, J. ]

6. Michael J. Burkley v. Board of Zoning Appeals of City of Moundsville, No. 021566. Petitioners appeal the circuit court’s denial of a petition for writ of certiorari which upheld the Moundsville Board of Zoning Appeals’ decision to grant a zoning variance and permit beer sales on a neighboring property. Petitioners assert due process and procedural violations.

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

7. Yvonne Marson v. Termnet Merchant Services, Inc., No. 021567. Petitioner appeals the circuit court’s refusal to set aside a default judgment order and the circuit court’s decision on the issue of damages in a breach of contract and breach of fiduciary duty case.

 

Refuse 5-0

8. Rhododendron Furniture & Design, Inc. v. Mariann Marshall, No. 021574. Petitioner appeals the dismissal of its collection action, asserting that its complaint states a claim upon which relief can be granted and thus the case should be reinstated.

Accept To Motion Docket

9. In Re: Joseph G., No. 021510. The West Virginia Department of Health and Human Resources appeals the Court order finding that the DHHR owes Stepping Stone certain monies for services provided to Joseph G. under a contract between the parties.

Accept To Motion Docket

10. Rita Heater v. Barbour County Board of Education, No. 021601. Petitioner seeks review of an employment grievance alleging that the BOE declined to pay a supplement fee in accordance with WV Code §18-5-22.

Refuse 4-1
[ McGraw, J. ]