Supreme Court of Appeals of West Virginia
Motion Docket
Tuesday, January 22, 2008
1. SER Mark Johnson v. Thomas McBride, Warden - 072300 - Petitioner seeks an appeal and reversal of a February 12, 2007 Order of the Jefferson County Circuit court which denied Mr. Johnson's petition for writ of habeas corpus. RESCHEDULED
2. State of WV v. Earl Monty Rutherford - 072291 - Earl Monty Rutherford appeals the enhanced sentence he received pursuant to W.Va. Code § 60A-4-408 upon his conviction for delivery of a controlled substance. - Grant 3 - 2, Maynard & Davis.
3. Waco Oil & Gas Co., Inc. v. Matthew B. Crum and the WV Dept. of Environment Protection, Office of Abandoned Mine Lands & Reclamation - 072371 - The WV Department of Environmental Protection and its current Director appeal the Circuit Court's order which reversed a decision of the WV Surface Mine Board. The Board had affirmed the Director's decision to deny WACO Oil and Gas Company, Inc.'s application for a permit to quarry sandstone. - Grant 5 - 0.
4. State of WV v. Heather Marie Haupt - 072563 - Heather Marie Haupt appeals following her conviction upon guilty plea to felony Possession with Intent to Deliver a Schedule IV Controlled Substance. She asserts that she lacked the requisite mental competency to enter the guilty plea. - Grant 4 - 1, Davis.
5. State of WV v. Megan S. - 072471 - Juvenile appeals from the circuit court's order adjudging her as a juvenile delinquent for the offense of battery. The juvenile challenges that finding and asserts that she was denied effective assistance of counsel. - Grant 5 - 0.
6. Ronald W. Wilkerson v. Frank C. Clark - 072595 -
Ronald Wilkerson appeals from the Marshall County Circuit Court's Order granting Summary Judgment in favor of the defendant. The petitioner initially sued the defendant for fraud and breach of contract, regarding oral contracts for the sale and lease of two businesses which had been owned by the defendant. The lower court also denied the petitioner's motion for reconsideration. -
Refuse 5 - 0.
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