Supreme Court of Appeals of West Virginia

1.    Charlotte Pritt v. The Republican National Committee, et al., No. 002519. Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants.

Accepted for the Motion Docket

2.    Geraldine Willard and Denzil Rhodes, Co-Executors of the Estate of Alma Whited, deceased v. Gary Eugene Whited, Executor of the Estate of Delbert R. Whited, deceased, No. 002622. Plaintiffs appeal from the circuit court's order dismissing their action for declaratory judgment.

Accepted for the Motion Docket

3.    Conley D. Dunlap v. James E. Miller, et al., No. 002627. Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants.

4.    Huntington Eye Associates, Inc. v. Joseph LoCascio, III, M.D., No. 002628. Plaintiff appeals from the circuit court's order granting defendant's Rule 50(b) motion and request for a new trial.

Accepted for the Motion Docket

6.     State of West Virginia v. James Richard Smith, No. 002629. Defendant appeals from his convictions on one count of first degree murder, two counts of attempted first degree murder and one count of malicious wounding. Defendant was also convicted under a recidivist information. He was sentenced to life without mercy on the murder conviction, life with mercy on the malicious wounding, and 1 to 5 years each on the attempted murder convictions.

Accepted for the Motion Docket

7.    State of West Virginia v. William Ray Adkins, No. 002630. Defendant appeals from his conviction for first degree murder for which he was sentenced to life in prison with the recommendation of mercy.

8.    Patricia D. Choma v. Joe E. Miller, Comm'r., West Virginia Division of Motor Vehicles, No. 002331. The petitioner, Patricia D. Choma, appeals from an order entered in the Circuit Court of Monongalia County affirming the 6 month revocation of her driving privileges by the respondent, West Virginia Division of Motor Vehicles. The revocation was based upon a finding that the petitioner operated a motor vehicle while under the influence of alcohol. The petitioner contends that the evidence she presented was not properly considered by the Hearing Examiner or by the Circuit Court and, in addition, that a verdict of not-guilty upon criminal charges arising from the same incident served to bar the revocation of her driving privileges.

9.    State of West Virginia v. Ronnie K. Annon, No. 002661. The petitioner, Ronnie K. Annon, appeals from his misdemeanor conviction in the Magistrate Court of Preston County of the offense of stalking. The alleged victim is the petitioner's former wife. The conviction was affirmed upon appeal in the Circuit Court of Preston County. The petitioner contends, inter alia, that the stalking statute, W.Va. Code, 61-2-9a (1994), is unconstitutional.

10.    State of West Virginia v. Rickey Carey, No. 002634. The petitioner, Rickey Carey, appeals from his conviction in the Circuit Court of Jefferson County of murder of the first degree without mercy. The petitioner was charged with shooting and stabbing a woman with whom he had been involved in a relationship. The petitioner admitted committing the homicide but asserted, at trial, that he was guilty of no more than voluntary manslaughter. The petitioner raises a number of assignments of error.

Accepted for the Motion Docket

11.    Quintain Development, LLC v. Columbia Natural Resources, Inc., No. 002731. The petitioner, Columbia Natural Resources, Inc., appeals from an order entered in the Circuit Court of Mingo County holding that it was required to relocate a pipeline from two tracts of land in Mingo County at its own expense, in view of the surface mining rights of the respondent, Quintain Development, LLC. The petitioner contends, inter alia, that the Circuit Court erred in concluding that the pipeline constituted a nuisance and that its relocation was to be at the petitioner's expense.

Accepted for the Motion Docket

12.    Misti D. Miridokis Samuel Bradken, M.D., No. 002683. In this medical negligence action concerning the delivery of an infant, the petitioner, Samuel J. Bracken, Jr., M.D., appeals from an order entered in the Circuit Court of Ohio County denying his motion for a new trial and for a remittitur. The jury returned a verdict in favor of respondent Olivia A. Miridokis, an infant, in the amount of $1,592,000. In addition, respondents Misti D. and Michael L. Miridokis, the parents, were awarded $10,000 each for loss of filial consortium. The petitioner contends, inter alia, that the Circuit Court erred in allowing the jury to include, within the verdict in favor of Olivia, a $1,000,000 award for diminished earning capacity.

13.    State of West Virginia v. Lonnie Shanholtz, Sr., No. 002770. The petitioner, Lonnie Shanholtz, Sr., appeals from his convictions in the Circuit Court of Hampshire County of sexual offenses with regard to the 15-16 year old daughter of the petitioner's girlfriend. The convictions include sexual abuse by a parent or custodian and third degree sexual assault. The petitioner raises before this Court consent to search and chain of custody issues relating to the State's use of DNA evidence and, in addition, an issue concerning the State's allegation of flight.

14.    Delmar Taylor and Helen Taylor v. Elkins Home Show, Inc., and United Contracting, Inc., No. 002688. The petitioners, Delmar and Helen Taylor, appeal from a final order entered in the Circuit Court of Randolph County granting respondent Elkins Home Show, Inc.'s, Second Renewed Motion for Judgment As A Matter of Law. The Circuit Court entered the order several months after a jury found that the petitioners were entitled to damages from the respondent with regard to the petitioners' purchase of a new mobile home. The petitioners contend that the Second Renewed Motion was not timely filed and that, therefore, the Circuit Court lacked jurisdiction to grant the Second Renewed Motion.

15.    Homer Dye, Leo Thacker, Jethro Darl Walker, Mellington A. Wheeler and Jack A. Lambert v. Norfolk and Western Railway Company, et al., No. 002774. Defendant, Norfolk and Western Railway Company, seeks to appeal judgment entered in favor of five former employees in a cause of action under the Federal Employers Liability Act where the primary claim was fear of cancer.

16.    Mary Owens v. Joe Brown, No. 002692. Petitioner (plaintiff below) seeks to appeal grant of summary judgment to respondent, Pennzoil Products Company, on the ground that Pennzoil owed no duty to the plaintiff.

17.    State of West Virginia v. Patricia Ann Aldridge, No. 002760. Petitioner seeks appeal of conviction of first degree murder and sentence of life without mercy for several incidents at trial.

Accepted for the Motion Docket