Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, January 24, 2007 
 

1.  Thornhill, LLC v. Jefferson County Planning Commission - 062163 - The Jefferson County Planning Commission appeals the circuit court's orders which granted a writ of mandamus requiring the Commission to approve a final subdivision plat submitted by Thorn Hill, LLC, denied the Commission's motion to alter or amend, and which awarded Thorn Hill its attorney fees. -  Refuse 4 - 1, Starcher.

2.  Kimberly Howell, et al. v. Sunbridge Healthcare Corporation, et al. - 062270 - Petitioner appeals from the trial courts granting of defendant's Motion for Partial Summary Judgment. The petitioner initially filed a complaint alleging retaliatory discharge in contravention of the public policy against adultery. -  Refuse 4 - 1, Starcher.

3.  Dawn Lemaster v. Board of Education of Putnam County - 062334 - Dawn LeMaster appeals the circuit court's order which affirmed the decision of the Education and State Employees' Grievance Board. The grievance board held that petitioner did not have three years of continuing contract status, thus her employer the Putnam County Board of Education properly considered her to be a probationary employee at the time it decided not to renew her contract.  - Refuse 3 - 2,  Starcher & Albright.

4.  State of W. Va. v. Thomas Joseph MacPhee - 062264 - Defendant appeals from his convictions of first degree murder, with mercy, grand larceny, and conspiracy to commit murder. Defendant raises evidentiary and other trial error.  - Grant 3 - 2, Davis & Maynard.

5.  State of W. Va. v. Danny L. Cecil - 062615 - Petitioner seeks a reversal of his conviction upon three felony counts, including one count of Sexual Abuse in the First Degree and two counts of sexual abuse by a guardian or custodian. - Grant 3 - 2, Maynard & Benjamin.

6.  William C. Williams v. Mac Arthur Dingess, Dingess Lumber Co., Inc., Dingess Transport,
Inc., & John Doe Business Entity
- 062394 -
Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendants and dismissing his personal injury action for common-law negligence claims and, alternatively, a deliberate intent claim arising from a sawmill accident. Plaintiff also appeals the circuit court's order denying access to information concerning defendants' compliance with the West Virginia Workers' Compensation Act. Defendant seeks a reversal and remand. -  Refuse 4 - 1, Starcher.

7.  State of W. Va. v. Daniel B. Bingman - 062372 - Defendant appeals from his misdemeanor conviction for petty larceny. Defendant seeks a reversal of his conviction and a dismissal of the charges.  - Grant 3 - 2, Davis & Maynard.

8.  State of W. Va. v. Kenneth Ray Collins - 062336 - This is an appeal of a criminal conviction where petitioner was convicted by a jury of the crime of Sexual Abuse by a parent, guardian or custodian and Sexual Abuse in the Third Degree on January 12, 2005. Petitioner requests a new trial. 
- Grant 3 - 2, Maynard & Benjamin.

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