Supreme Court of Appeals of West Virginia
Argument
Docket
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Tuesday, January 23, 2001 1. Tennis Z. Hatfield v. State of W. Va. & William S. Haines, Warden - 28464 - The petitioner, Tennis Z. Hatfield, appeals from an order entered in the Circuit Court of Mingo County denying him relief in habeas corpus. In the underlying case, the petitioner entered a plea of guilty to two counts of second degree sexual assault, two counts of incest and one count of third degree sexual abuse. The petitioner's direct appeal ( an Anders brief ) was refused by this Court. The petitioner contends, inter alia, that his plea of guilty resulted from ineffective assistance of counsel. 2. Lora D. Kiser v. Carrel Mayo Caudill, M.D. - 28402 - In this medical malpractice action, the petitioner, Lora D. Kiser, appeals from a directed verdict entered in the Circuit Court of Kanawha County in favor of the respondent, Carrel Mayo Caudill, M.D. The Circuit Court determined, during the trial before a jury, that the petitioner's expert witness, a neurologist, was not qualified to render an opinion upon the question of whether the respondent, a neurosurgeon, deviated from the applicable standard of care. 3. Jonella R. Yates, et al. v. University of West Virginia Board of Trustees - 28241 - Plaintiffs appeal from the jury verdict returned in favor of defendant in this medical malpractice action. 4. Vera Stewart, et al. v. Dennis Johnson - 28462 - The petitioners, Vera Stewart and Ron Stewart, appeal from a ruling of the Circuit Court of Cabell County, during a jury trial, entering judgment in favor of the respondent, Dennis Johnson, as a matter of law. The trial concerned whether the petitioners, as residential tenants of the respondent, had been wrongfully evicted and were, therefore, entitled to compensatory and punitive damages. The petitioners contend, inter alia, that the entry of judgment should be set aside because the Circuit Court erroneously excluded various items of evidence submitted by the petitioners. 5. James M. Powell, Esquire, et al. v. Wood County Commission, et al. - 28456 - Petitioners seek appeal of dismissal of writ of mandamus which would have required the Wood County Commission to reimburse legal expenses they incurred to defend a suit by a former client in federal court and a dismissal of a motion to enforce settlement agreement. 6. Julie D. Honaker, Adm’x v. Burgess Wall Mahon - 28460 - Plaintiff appeals from the circuit court's order denying her motion for a new trial after a defense verdict in this wrongful death action. 7. State of W. Va. v. William Glen Hulbert - 28394 - Defendant seeks a reversal of his conviction for one count of 3rd offense domestic assault and/or battery and one count of wanton endangerment with a firearm. 8. State of W. Va. v. Thomas Rogers - 28201 - The petitioner, Thomas D. Rogers, appeals from his felony convictions in the Circuit Court of Randolph County of obtaining money or property through fraudulent schemes, obtaining money or property through false pretenses, and embezzlement. The convictions arose from the petitioner's involvement in the sale to the Elkins Distributing Company of computer software belonging to a business known as Micro Vane Incorporated. 9. Barbara L. Seymour v. Pendleton Community Care, et al. - 28461 - The petitioner, Barbara L. Seymour, appeals from an order entered in the Circuit Court of Pendleton County reducing her jury award of $526,000 to $172,235.92. The jury awarded the petitioner $526,000 against the respondents, Pendleton Community Care and Michael Judy, for retaliatory discharge. The petitioner contends that the Circuit Court abused its discretion in disturbing the verdict of the jury. 10. State of W. Va. v. Jimmy Trent - 28203 - Defendant appeals convictions of two counts of wanton endangerment and one misdemeanor count of fleeing a police officer. 11. SER League of Women Voters of WV, et al. v. Earl Ray Tomblin, Pres., WV State Senate - 27905 - League of Women Voters, et al., petition for a Writ of Mandamus, seeking to have the budget digest statute, W.Va. Code § 4-1-18, as it is being applied, declared unconstitutional as violative of W.Va. Const., Art.VI, § 51;Art. X, § 3; Art. VII, § 15 and W.Va. Code § 6-9A-3. - Continued to February 7, 2001. |
Thursday, November 08, 2001