January 28, 2004

1.  James Merle Casto v. State of West Virginia - No. 031883. Petitioner appeals from the circuit court’s order denying his request for transcripts of hearings conducted in his criminal case prior to his plea hearing. Petitioner asserts that such transcripts are necessary to aid him in preparing a petition for a writ of habeas corpus attacking his conviction.

Refuse 5 - 0

2. Doyle Fincham v. Christopher L. Merillat, No. 032071. Plaintiffs appeal from the circuit court’s award of summary judgment in favor of defendants in this action involving trespass. Plaintiffs seek a reversal, remand and trial on the merits.

Refuse 4- 1
[McGraw, J.]

3.  State of West Virginia v. James Paul Hamrick, No. 032088. Petitioner appeals his battery conviction. He seeks a reversal and a remand in this action to the circuit court with directions to enter an order granting his motion for judgment of acquittal or, in the alternative, his motion for a new trial.

Grant 3-2
[ Davis, J., McGraw, J. ]

4.  Betty Lilly v. Manuel B. Villanueva, M.D., No. 032089. Plaintiffs, who were proceeding pro se, appeal from the circuit court’s order dismissing their medical malpractice action. They seek a reversal and a remand to the circuit for further proceedings.

Accept To Motion Docket

5.  Barry M. Duke v. Patricia Dawn (Richards) Schill, No. 032093. Petitioner father appeals from the circuit court’s order denying his petition for appeal from the family court’s order denying a modification of child support.

Grant 5 - 0

6.  Charles Leeson v. William Haines, Warden, No. 032094. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Petitioner alleges various trial errors and ineffective assistance of counsel.

Refuse 3-2
[Starcher, J., Albright, J.]

7.  John Boyd, et al. v. Tom Goffoli, Falcon Transport Co., et al., No. 032096. Defendant transport company appeals from an adverse jury verdict for actual or constructive fraud. The jury awarded each plaintiff $75,000 in compensatory damages and $250,000 in punitive damages for a total award of $1.3 million dollars. Defendant seeks a vacation of the punitive damage award as well as a new trial.

Grant 3-2
[ Davis, J., McGraw, J. ]

8.  State of West Virginia v. Joseph Samuel Hall a/k/a Jeremiah Hall a/k/a Sam, No. 032097. Defendant was convicted of malicious assault, person prohibited from possessing a firearm, assault during commission of or attempt to commit a felony, and two counts of wanton endangerment involving a firearm. Defendant seeks a new trial alleging insufficiency of the evidence and jury error.

Refuse 5 - 0

9.  Jack Nelson and Martha Sayre v. Ohio County Board of Education, No. 032099. Petitioners appeal from the circuit court’s order upholding the decision of the Education and State Employees’ Grievance Board denying petitioner’s grievance related to job classification.

Refuse 4- 1
[McGraw, J.]

10.  State of West Virginia v. Brian Bush Ferguson, No. 031998. Petitioner appeals his conviction of first degree murder without a recommendation of mercy.

Accept To Motion Docket

11.  Trooper Robert D. Burley v. West Virginia State Police, No. 032100. Petitioner appeals the circuit court’s order which affirmed the decision of an administrative hearing examiner and which upheld petitioner’s discharge from employment as a state trooper.

Refuse 5 - 0

12.  Kevin Durig v. Wetzel County Board of Education, No. 032101. Petitioner appeals the circuit court’s order which affirmed the decision of the Education and State Employees Grievance Board and denied petitioner’s grievance. Petitioner, a mechanic with a 240 day contract, asserts that he is entitled to a 261 day contract because he performs the same duties as other mechanics who have 261 day contracts.

Grant 4- 1
[Davis, J.]

13.  State of West Virginia v. Andrew Mugnano, No. 032124. Petitioner appeals from the circuit court’s denial of a motion to reconsider sentence. Petitioner previously pleaded guilty to first degree murder, for which he was sentenced to life without the possibility of parole.

Accept To Motion Docket

14.  Jon Lough v. Jim M. Liller, Warden, Pruntytown Correctional Center, No. 032125. Petitioner appeals the circuit court’s denial of a petition for mandamus. Petitioner alleges that officials at the Pruntytown Correctional Center violated his rights in a prison disciplinary proceeding and in taking away good time credit.

Defer

15.  William Rose v. City of Ronceverte, et al., No. 032126. Petitioner appeals the circuit court’s order denying petitioner’s joint petition for injunctive relief and for writ of mandamus. Petitioner sought extraordinary relief based upon his discharge from the position of Chief of Police of the City of Ronceverte.

Refuse 4- 1
[Albright, J.]

16.  State of West Virginia v. James N. Estep, No. 032128. Petitioner appeals his convictions for first degree murder, without a recommendation of mercy, and for nighttime burglary.

Accept To Motion Docket

17.  Betty Gulas v. InfoCision Management Corp., No. 032086. Petitioner appeals the circuit’s court’s "Order Denying Plaintiff’s Motion to Certify Class, Denying Plaintiff’s Motion to Amend Complaint and Granting Defendant’s Motion to Dismiss." Petitioner had filed a lawsuit on behalf of a proposed class of all current and former employees of respondent; the lawsuit alleged breach of contract, fraud, and violations of the Wage Payment and Collection Act.

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

18.  Roger Markley v. West Virginia Consolidated Retirement Board, No. 032145. Petitioner appeals the circuit court’s order which upheld the decision of the WV Consolidated Public Retirement Board to deny petitioner reentry into the Teachers’ Retirement System and the opportunity to reinstate retirement service and money previously withdrawn.

Accept To Motion Docket

19.  State of West Virginia v. Alex Sizemore, No. 032150. Petitioner appeals his conviction for felony sexual assault in the first degree and the circuit court’s denial of his motions for a new trial.

Accept To Motion Docket

20.  State of West Virginia v. Paul D. Lewis, No. 032151. Petitioner files a direct appeal from the circuit court’s order denying his motion for a reduction of sentence stemming from his guilty plea to First-Degree Sexual Assault. It is alleged that the Court abused its discretion and that this case should be remanded for further consideration.

Refuse 5 - 0

21.  Tammi Ray v. Jimmie Ray, No. 032178. Petitioner files an appeal from Kanawha County Family Court’s modification of child support. Defendant’s child support obligation was eliminated and a retroactive decretal judgment was entered against petitioner.

Grant 5 - 0

22.  State of West Virginia v. Robert Kelly Rogers, No. 032202. Petitioner files a direct appeal from his conviction of First-Degree Murder and First-Degree Arson with a recommendation of mercy.

Accept To Motion Docket

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