Supreme Court of Appeals of West Virginia

 Argument Docket  
Tuesday, January 27, 2010

1.  State of West Virginia v. DeAaron Fields - 34746 - Defendant appeals from his first degree murder conviction with mercy. He challenges the circuit court's disqualification of his trial counsel for insufficient cause. - Continued.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

2.  Kyle D. Ramey and Trina Ramey v. Contractor Enterprise, Inc. - 34804 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendant employer in this deliberate intent action. Plaintiffs assert that the circuit court erred in determining that there was no genuine issue of fact on two of the elements required to maintain a deliberate intent action and failed to construe conflicting evidence in the light most favorable to plaintiffs, the non-moving party. Plaintiffs seek a reversal of the circuit court's order.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief

3.  Tricia Roth and Brian Roth v. DeFeliceCare, Inc. And Leslie DeFelice - 34805 - Plaintiffs Tricia and Brian Roth appeal the circuit court's order dismissing their lawsuit which alleged, inter alia, wrongful termination and discrimination against Mrs. Roth. The court found that their Complaint failed to state a claim upon which relief can be granted. 

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief

4.  State of West Virginia v. Phillip Barnett and Nathan Barnett - 34806 - Nathaniel Todd Barnett and Phillip Scott Barnett file a joint petition for appeal from their convictions for Second Degree Murder. They assert a confrontation violation, instructional error, error in not striking a juror for cause, error regarding the peremptory strike process in this joint trial, and violation of their right to a speedy trial.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

5.  SER Vernon H. Dunlap, Sr. v. Thomas McBride, Warden - 34808 - Habeas petitioner, convicted of First Degree Murder by jury and sentenced to Life without Mercy, appeals circuit court order denying his habeas corpus petition following omnibus hearing. - To be presented on briefs only without oral argument. 

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief

6.  State of West Virginia v. Charles J. Lively - 34856 - Charles J. "Jason" Lively appeals his conviction for felony murder with a recommendation of mercy. He asserts improper admission of 404(b) evidence, erroneous jury instruction, insufficiency of the evidence, and a violation of his right of confrontation. 

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief

The briefs and other filings are provided in PDF format. 
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