Motion Docket Tuesday, January 26, 2010
1. Wolf Run Mining Company v. WV Office of Miners’ Health Safety and Training - 091171 - Wolf Run Mining Company files a petition for writ of certiorari and/or petition for appeal from the circuit court's order affirming a decision of the W.Va. Coal Mine Safety Board. The board upheld two citations issued by the W.Va. Office of Miners' Health, Safety and Training for an incident where an apprentice miner was struck and killed by a piece of machinery. Refuse 5-0
2. State of West Virginia v. Stephen L. Mahood - 091291 - Petitioner Steven Lee Mahood was convicted by a jury of First Degree Murder without a recommendation of mercy. Mr. Mahood now appeals from an order of the Jackson County Circuit Court, sentencing the him to life in prison without eligibility for parole. Petitioner seeks a reversal of his conviction and a remand for a new trial. - Justice McHugh Disqualified, Judge Tucker sitting by temporary assignment. - Grant on issue #2 only, 3- 2 Davis, Workman
3. State of West Virginia v. James Robert Harris - 091151 - Defendant was convicted for abduction with intent to defile, conspiracy to commit abduction with intent to defile, two counts of aiding and abetting second degree sexual assault, and one count of second degree sexual assault. Defendant received an aggregate sentence of 31 to 80 years after defendant serves a life sentence for his conviction on abduction with intent to defile, which was the triggering offense for the filing of a recidivist information. Defendant raises issues related to the application of the Rape Shield Act in the exclusion of evidence; his sentencing; and the failure to provide him with complete transcripts. Grant 4-1 Workman
4. Karen L. Hoylman v. Michael A. Snedegar - 091350 - Michael A. Snedegar appeals the circuit court's order which denied an appeal from the family court's equitable distribution order. Refuse 5-0
5. City National Bank of West Virginia v. Mountaineer Capital, L.P. and West Virginia Capital Management, L.L.C. - 091433 Refuse 4-1 Workman
6. State of West Virginia v. Sandy Martin Cook - 091433 - Defendant appeals from his convictions on 12 counts of sex related crimes. Defendant raises issues related to the delay in bringing the charges against him and evidentiary error at trial. Among other issues, defendant asserts that his sentence was constitutionally disproportional. Defendant seeks a reversal of his convictions. Grant 4-1 Workman
7. State of West Virginia v. Jeffrey Ray Woods - 091458 - Jeffrey Ray Woods appeals his conviction for three counts of First Degree Murder without recommendations of mercy, two counts of First Degree Robbery, and one count of Conspiracy. He asserts multiple assignments of error alleging substantive error on the verdict form, violations of his right to counsel, improper search and seizure, biased jurors, multiple instances of evidentiary error, insufficiency of the evidence, cruel and unusual punishment, ineffective assistance of counsel, and cumulative error. Refuse 5-0
8. M & J Garage and Towing, Inc. v. The West Virginia State Police - 091432 - Plaintiff appeals following the circuit court's order dismissing this action for declaratory judgment, injunctive relief, and damages. Plaintiff sought, inter alia, a declaration that the State Police had exceeded its statutory power in the regulation and penalization of plaintiff, as well as an injunction to prohibit the State Police from continuing to violate plaintiff's rights. Plaintiff asks this Court to vacate the circuit court's order and issue the injunction, among other things. Grant 5-0
9.
Scott McMahon and Karen John v. Advance Stores Company and Donn Free - 091587 - Defendants petition this Court to accept the following certified question from the circuit court:"Does W.Va. Code § 46A-6-108(a) apply to suits for breach of limited warranty by subsequent purchasers where the limited warranty involved limits its availability to original purchasers?" The circuit court answered this question in the affirmative. Grant 5-0