Supreme Court of Appeals of West Virginia

gavel Argument Docket  
Tuesday, January 27, 2004


1.  Charles Kocher v. Oxford Life Insurance Co.  - 31539 - This action arises from a credit life and disability policy issued by defendant to plaintiff in connection with plaintiff's purchase of a truck. Plaintiff sued defendant seeking damages for breach of contract, statutory unfair claims settlement practices, and breach of the implied covenant of good faith and fair dealing. Following the trial court's entry of default judgment against defendant insurer as a sanction for discovery violations, a jury returned a damages verdict in favor of plaintiff in the aggregate principal amount of $39,012,039.60.

2.  Daniel R. Strahin, et al. v. Robert Glenn Clevenger, et al.  - 31373 - Petitioner appeals an adverse jury verdict and the court's refusal of pre-trial and post-trial motions in a case where he was found liable for failing to protect a person who was shot by a third party. -  Continued to February 24. 

3.  Loretta Wright v. Howard E. Myers, III, et al. - 31550 - Plaintiff appeals from the circuit court's order dismissing this personal injury action as barred by the statute of limitations.

4.  Brian K. Markley v. Michael Coleman, Acting Warden  - 31509 - Appellant, Brian Markley appeals the circuit court’s order denying his petition for habeas corpus relief. - To be submitted on briefs only without oral argument.

5.   Robert Martin Barritt v. Howard Painter, Warden - 31492  - Barritt appeals the circuit court's 08/26/02 order denying his Rule 35(b) Motion to Correct or Reduce His Sentence as untimely filed. The issue is: Under the current version of Rule 35(b) of the West Virginia Rules of Criminal Procedure, does this Court's Refusal Order in Case No. 012448 refusing Barritt's appeal from a denial of habeas corpus relief give Barritt one hundred twenty (120) days from its issuance to file a Motion for a Reduction of Sentence in the circuit court. - To be submitted on briefs only without oral argument.

6.  SER Ronald Calloway v. Hon. Tod J. Kaufman, Judge  - 31603 - Petitioner seeks issuance of a writ of mandamus directing the circuit court judge to appoint counsel and conduct an omnibus habeas corpus proceeding.  - Dismissed.

7.  SER Donald E. Good v. Hon. Tod J. Kaufman, Judge  - 31604- Petitioner seeks issuance of a writ of mandamus directing the circuit court judge to enter an order on his motion to amend sentence and commitment dealing with credit for time served issue. - Dismissed.

8.  SER Donald E. Layne, et al. v. Hon. Mark A. Karl, Judge  - 31605 - Prisoners seek issuance of writ of mandamus against circuit court to obtain ruling on their pending petition for mandamus. - Dismissed.

9.  SER Bobby E. Roddy v. Hon. Robert Calfee, Family Court Judge  - 31607- Petitioner seeks issuance of a writ of mandamus directing the circuit court judge to issue a ruling on the underlying petition for mandamus.  - Dismissed.

10.  SER Melvin F. Delawder v. Workers’ Compensation Commission  - 31611 - Petitioner seeks issuance of a writ of mandamus compelling the Workers’ Compensation Commission to issue a final decision regarding his work history.  - Dismissed.

11.  SER Victor Victor & Helgoe, LLP v. Hon. N. Edward Eagloski, Judge - 31622 - Petitioners seek issuance of a writ of mandamus directing the circuit court judge to enter a ruling on previously submitted court-appointed attorney vouchers.  - Dismissed.

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Monday, March 01, 2004