January 27, 2004 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, January 27, 2004

1. Ricky Melvin Holley v. Mt. Olive Correctional Complex, Dept of Military Affairs & Public
Safety; Michael Coleman, Acting Warden - 031502 - Petitioner appeals the circuit court's denial of his petition for a writ of habeas corpus. He was previously convicted of murder in the first degree without a recommendation of mercy. He asserts ineffective assistance of counsel, prosecutorial misconduct, and other trial errors. - Refuse 3-2, Starcher & Albright.

2. Mark VanSickle v. Edward R. Kohout - 031353 - Defendant appeals from the circuit court's order certifying the following questions to this Court:

(1) Does a cause of action for legal malpractice accrue prior to the final resolution of the party's efforts to reverse or mitigate the harm through administrative and/or judicial appeals?

The circuit court answered this question in the negative.

(2) Is the statute of limitations in a legal malpractice cause of action tolled during the pendency of the party's efforts to reverse or mitigate the harm through administrative and/or judicial appeals?

The circuit court answered this question in the affirmative. - Grant 4 - 1 , Starcher.

3. Donald R. Stewart, et al. v. Dr. Jeffrey George and St. Mary’s Hospital, etc. - 031530 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendants in this civil action alleging medical malpractice. - Grant 3-2, Davis & Maynard.

4. Michelle Gore v. Brian Keith Gore - 031758 - Petitioner appeals the circuit court's granting of summary judgment in favor of the respondent. Petitioner alleges that respondent, her cousin, convinced her to convey real estate to him and then failed to re-convey the property as promised. - Grant 4 - 1 , Albright.

5. Ruth Helen Smith (now Eaves) v. William Smith - 031807 - Petitioner wife appeals from a circuit court's order affirming the decision of the family court, which denied petitioner reimbursement child support. Petitioner seeks a reversal of the lower court's order and a determination of child support. - Refuse 3-2, Davis & Starcher.

6. State of W. Va. v. Keith Martin Molineaux - 031874 - Defendant was convicted on two (2) counts of first degree murder without mercy, robbery, conspiracy to commit robbery, burglary and conspiracy to commit burglary. Defendant was sentenced to life imprisonment without the possibility of parole for both counts of the murder, those sentences to be served consecutively. Defendant seeks a new trial. - Refuse 3-2, Starcher & Albright.

7. State of W. Va. v. Marybeth Davis - 031880 - Defendant appeals from the circuit court's denial of her post-trial motions for a new trial. - Grant 3-2, Davis & Maynard.

8. State of W. Va. v. Brandon Blackmon - 032050 - Petitioner appeals from the circuit court's conviction of First Degree Murder and sentenced to life without parole. Defendant seeks to have the judgment set aside and be given a new trial. - Refuse 3-2, Starcher & Albright.

9. State Auto Insurance Companies v. Ricky A. Hale, Jr. - 031836 - Petitioner appeals the circuit court's declaratory judgment order which found that respondent does not have a duty to provide insurance coverage to a party whom petitioner is suing in a deliberate intent case. - Refuse 3-2, Davis & McGraw.