West Virginia Supreme Court of Appeals
Requests for Oral Presentation
and
Petitions for Appeal
January 26, 2000

1.    Linda G. v. Charles G., No. 993310. Petitioner appeals from an order of the circuit court reversing the Family Law Master's Recommended Order on visitation. Petitioner seeks a ratification of the Family Law Master's recommended order.

Refuse 3-2
[Davis, J., Scott, J.]

2.    Linda McCartney v. Gretchen Lester, No. 993022. Petitioners appeal from the circuit court's decision ruling that the cemetery on petitioner's land had become dedicated to the public and ordering the appointment of trustees to govern the same.

Grant 4-0
[Scott, J. Disqualified]
3.    State of West Virginia v. Fred E. Burleson, Jr., No. 993023. Defendant seeks a reversal of his conviction for possession of marijuana with intent to deliver for which he was sentenced to an indeterminate period of not less than 1 nor more than 5 years and fined the sum of $5,000.
Refuse 5-0    

4.    Town of Clendenin v. David Mathew Gross, No. 993076. Plaintiff petitions this Court for a review of certified questions.
Refuse 5-0
 

5.    Gregory A. Criniti v. Sharon Wiley Jones, No. 993078. Petitioner appeals from the circuit court's denial of her motion for Rule 60(b) relief in this child support modification proceeding.

Refuse 5-0
Refer to Disciplinary Counsel
4-1
[McGraw, J.]
6.    William F. Vieweg v. Mercer, McDowell, Wyoming, No. 993088. Petitioner appeals from the decision of the circuit court affirming the Board of Review's decision that employees, who were discharged from employment for reasons other than misconduct prior to the effective date of their voluntary resignation from employment, are only qualified to receive unemployment compensation benefits between their discharge date and the effective date of their voluntary resignation from employment.
Grant 3-2
[Maynard, C.J., Davis, J.]
7.    State of West Virginia v. Gene Willard Gaylor, No. 993089. Defendant appeals from his conviction for first degree murder for which he received a sentence of life in prison without the possibility of parole.

Accept

8.    Denny L. Parsons v. A.C.&S., Inc. et al., No. 993090. Plaintiff appeals from the circuit court's order dismissing defendant Shook, Hardy & Bacon, L.L.P. from this class action lawsuit for lack of personal jurisdiction.

Accept


9.    State of West Virginia v. William Myers, No. 993113. Defendant appeals from his conviction for malicious assault/wounding for which he received a sentence of 2 to 10 years.

Refuse 5-0


10.    Just Wood Industries v. U.S. Fidelity & Guarantee, No. 993263. This case is before this Court upon a certified question from the United States District Court for the Northern District of West Virginia. The question concerns whether a cause of action exists against a surety for the surety's bad faith in failing to control litigation costs.

Grant 5-0


11.    State of West Virginia v. Lorie Ann McGuire, No. 993309. The petitioner, Lorie Ann McGuire, appeals from an order entered in the Circuit Court of Marshall County denying her credit against a 10 year penitentiary sentence for the time she served upon home incarceration while on post- conviction bail. The petitioner was convicted of the voluntary manslaughter of her newborn baby.

Grant 3-2
[Maynard, C.J., Davis, J.]

12.    State of West Virginia v. Ilene Ferris, No. 993311. The petitioner, Ilene Ferris, appeals from orders entered in the Circuit Court of Wood County (1) adjudging her guilty of cruelty to animals in not properly maintaining eleven horses, (2) ruling that the horses were forfeited, and (3) entering judgment against the petitioner in the amount of $13,344.70 for the care of the horses by the State and the Wood County Humane Society. The petitioner contends that the penalty was excessive.
Refuse 4-1
[Starcher, J.]
 

13.    State of West Virginia v. Corey Brown, No. 993312. The petitioner, Cory L. Brown, appeals from his conviction in the Circuit Court of Kanawha County of the offense of possession of cocaine with the intent to deliver. The petitioner contends that the State failed to establish a proper chain of custody concerning the substance seized at the scene of the offense.

Refuse 4-1
[Starcher, J.]

14.    John J. Klinkner v. City of Weirton, No. 993318. The petitioner, City of Weirton, Board of Zoning Appeals, challenges a ruling of the Circuit Court of Hancock County to the effect that the respondent, John J. Klinkner, Jr., was not required to obtain a variance in order to receive a zoning permit to operate a gun repair shop and catalog firearm sales business from his home.

Refuse 4-1
[Starcher, J.]

15.    State of West Virginia v. Dennis Pauley, No. 993319. The petitioner, Dennis Pauley, challenges his convictions in the Circuit Court of Kanawha County of two counts of sexual assault in the first degree and two counts of sexual abuse by a custodian. The petitioner contends, inter alia, that the convictions should be set aside because the State relied upon inadmissible hearsay.
Refuse 5-0

16.    City of Philippi v. Tammy S. Weaver, No. 993323. The petitioner, Tamara S. Weaver, appeals from an order entered in the Circuit Court of Barbour County which affirmed her municipal court conviction by a jury of first offense driving under the influence of alcohol.
Grant 3-2
[Maynard, C.J., Davis, J.]
17.    West Virginia Fire v. David Mathews, No. 993333. The petitioner, Davis Mathews, appeals from a summary judgment granted in the Circuit Court of Kanawha County in favor of the petitioner's insurer, West Virginia Fire & Casualty Company. The Circuit Court determined that the petitioner's homeowners insurance policy afforded no coverage in circumstances wherein a house owned by the petitioner was wrongfully demolished by a contractor.
Accept