2. State of West Virginia v. Larry O. Mathess, No. 012233. Petitioner appeals from the circuit court’s order sentencing him to life in prison as a recidivist for the felony offense of soliciting the burning of an insured building and from his sentence of 1 to 10 years for the felony offense of retaliation against a witness, those sentences to run concurrently.

3. Alford E. Murray v. Alford B. Murray, No. 012237. Plaintiff appeals from the circuit court’s order dismissing his action on the basis of the statute of limitations after a bench trial.

4. Bertha Smith, Administratrix v. Barbara Dickenson, No. 012241. Plaintiff appeals from the circuit court’s order granting a new trial on the issue of damages.

 

5. Carol Gallant and Jim Whipple v. Jefferson County Commission, No. 012243. Petitioners appeal from the circuit court’s order that dissolved a temporary injunction, which had previously issued prohibiting the demolition of the Jefferson County Jail, and dismissed petitioners’ case, with prejudice.

6. Jeffrey L. Marsh v. David Bell, et al., No. 012245. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of Harmon and Kathy Bell and Erie Insurance Company in this declaratory judgment action regarding insurance coverage issues.

7. John Goff v. John G. Hutchison, Mayor for the City of Charleston, No. 012266. Petitioner appeals from the circuit court’s Jun 19, 2001, Order that altered, amended and provided relief from the circuit court’s earlier rulings of December 10, 1993, December 13, 2000, and December 28, 2000, and which affirmed a final order of the Police Civil Service Commission dated February 26, 1980.

 

8. State of West Virginia v. Stephanie Colvin, No. 012271. Defendant appeals from the circuit court’s denial of probation and home confinement after she pled guilty to forgery. Defendant was sentenced to 1 to 10 years in prison.

 

9. Valerie Marie Harris and Peggy Harris v. George Pozega, No. 012279. Defendant appeals from the circuit court’s order granting attorney’s fees to defendant insurer pursuant to the indemnification provision of an agreement between those parties.

10. Betty R. Wendling v. West Virginia Real Estate Commission, No. 012280. Petitioner appeals from the circuit court’s order granting respondent’s motion to enforce a mediation settlement.

11. Donna M. Layne v. Jeffrey A. Layne, No. 012287. In this divorce action, the petitioner, Jeffrey A. Layne, appeals from an order entered in the Circuit Court of Kanawha County adopting the recommendations of the Family Law Master concerning alimony, child support and the equitable distribution of the parties’ marital property. The petitioner contends, inter alia, that the ordered distribution of property was error: (1) in view of an excessive alimony award and (2) because, contrary to the finding of the Family Law Master, the parties never reached a final agreement concerning distribution of property.

 

12. SER Leroy Mower v. Howard Painter, Warden, No. 012288. The petitioner, Leroy Mower, appeals from an order entered in the Circuit Court of Mercer County denying him relief in habeas corpus. In the underlying proceeding, the petitioner was convicted of 1st degree murder (without mercy) and grand larceny. His direct appeal to this Court was refused in June 1993. The petitioner raises a number of assignments of error concerning the denial of habeas relief.

 

13. Max Arbaugh v. Howard Painter, Warden, No. 012298. The petitioner, Max Arbaugh, appeals from an order entered in the Circuit Court of Pendleton County denying him relief in habeas corpus. In the underlying case, the petitioner entered a guilty plea to three counts of 1st degree sexual assault and to three counts of delivering a controlled substance (marihuana). The petitioner raises a number of assignments of error. His direct appeal to this Court was refused in May 1998.

 

14. April B. v. Friends-R-Fun Child Development Center, Inc., No. 012306. The petitioner, April B., appeals from a summary judgment entered in the Circuit Court of Nicholas County in favor of the respondent, Friends-R-Fun Child Development Center, Inc., and the respondent’s Director, Judy Olson. The respondent operates a child care and pre-school caretaker service. Although the petitioner asserted that the respondent intentionally kept her uninformed that her child was not eating properly while at the Center, the Circuit Court concluded that summary judgment was proper because it found that the child was not physically harmed and suffered no damages. The petitioner contends, inter alia, that, in view of questions of fact contained within the record, the granting of summary judgment was erroneous.

 

15. Pamela Duty and Jarrett Baisden v. West Virginia Secondary Schools Activity Commission, No. 012308. The petitioner, West Virginia Secondary School Activities Commission, appeals from an order entered in the Circuit Court of Wayne County granting the respondent, Jarrett Baisden, a permanent injunction allowing him to participate in interscholastic athletics during his senior year in high school. The ruling of the Circuit Court reversed a determination by the petitioner that respondent Baisden was ineligible to participate in sports because of the Age Rule (the problem was that respondent Baisden attained the age of 19 during his senior year). The petitioner contends, inter alia, that the Circuit Court committed error in concluding that a waiver of the Age Rule was a reasonable accommodation in view of the fact that respondent Baisden suffers from learning disabilities.

 

16. SER James N. Ruttencutter v. Michael Coleman, No. 012310. The petitioner, James N. Ruttencutter, files an original petition for a writ of habeas corpus with this Court seeking, inter alia, an order for the perfection of a direct appeal with regard to his conviction of aggravated robbery. The petitioner was convicted of aggravated robbery in the Circuit Court of Ohio County and was sentenced to a penitentiary term of 60 years.

17. Skips, Inc. v. Joseph M. Palmer, Tax Commissioner, No. 012311. The petitioner, the West Virginia State Tax Commissioner, appeals from a ruling entered in the Circuit Court of Mineral County holding that an administrative decision affirming a tax assessment against the respondent, Skip’s, Inc. d/b/a Skip’s Honda Center, was not rendered in a timely fashion and that the tax assessment was, therefore, unenforceable. The petitioner contends, inter alia, that the Circuit Court erred in reversing the administrative decision based on alleged delay, where the sole remedy for administrative delay in issuing a decision is mandamus.

 

18. Helen M. Eakin v. Camden-Clark Memorial Hospital Corp., No. 012313. In this medical malpractice action, the petitioner, Camden-Clark Memorial Hospital Corporation, appeals from a jury verdict returned in favor of the respondent, Helen Eakin, in the amount of $345,000. At trial, respondent Eakin asserted that the petitioner was vicariously liable for the negligence of the anesthesia team committed during the surgery of her husband, Donald E. Eakin. The petitioner Hospital contends, inter alia, that the Circuit Court erred in allowing the jury to consider the issue of vicarious liability.

 

19. State of West Virginia v. Charlie Jarrell Vance, No. 012314. The petitioner, Charlie Jarrell Vance, challenges his convictions in the Circuit Court of McDowell County of 1st degree murder (with mercy) and carrying a concealed deadly weapon without a license. The petitioner, while being detained at the Bradshaw, West Virginia, Police Department, allegedly shot and killed the Chief of Police. The petitioner raises a number of assignments of error.

 

20. State of West Virginia v. Judson White, No. 012341. The petitioner, Judson White, challenges his conviction in the Circuit Court of Kanawha County of bank robbery. According to the State, the petitioner demanded money at a local branch of One Valley Bank of Charleston, West Virginia, by way of a note alleging that he was carrying a hypodermic needle containing the AIDS virus. The petitioner raises a number of assignments of error, including an assertion that the Circuit Court committed error in not allowing the petitioner to proceed pro se at trial.

 

21. State of West Virginia v. David Lee Kincaid, No. 012174. Petitioner seeks to appeal denial of habeas relief on the grounds that he was not allowed to attend the omnibus hearing and ineffective assistance of counsel.

22. State of West Virginia v. Richard E. Helsley, No. 012177. Petitioner seeks habeas relief alleging insufficiency of the evidence to support his conviction and ineffective assistance counsel.

 

23. Christine B. Phares v. Charles L. Brooks and Charles J. Brooks, No. 012362. Auto accident plaintiff seeks to appeal judgment based on jury verdict finding each party 50% negligent.