Supreme Court of Appeals of West Virginia
Motion Docket
Tuesday, January 8, 2008
1. State of WV v. Barbara A. Matheny - 071083 - Barbara A. Matheny appeals her conviction for Operating or Attempting to Operate a Clandestine Drug Laboratory. - Refuse 3 - 2, Starcher & Albright.
2. Raines Imports, Inc., d/b/a Lester Raines Honda v. American Honda Motor Co., Inc. - 071871 - This is a petition for appeal from an Order of the Kanawha County Circuit Court entered March 26, 2007, granting American Honda Motor Company's Motion for Summary Judgment. - Grant 4 - 0, Benjamin Not Participating.
3. State of WV v. Johnny Edward Gum - 071719 - Defendant appeals his sentencing following his return from the Anthony Center. -Refuse 5 - 0.
4. State of WV v. Charles Emory Cowley - 072112 - Defendant appeals from his conviction on one count of second degree sexual assault. He was sentenced to a term of 10 to 25 years. Defendant seeks a reversal and a new trial. - Grant 5 - 0.
5. Mark D. Hudnall, Pros. Atty. v. 2.2 lbs. of Cocaine, et al. Darlene Skaggs, Petitioner - 072228 - This is a forfeiture action under the West Virginia Contraband Forfeiture Act brought by the Prosecuting Attorney on behalf of the Central West Virginia Drug Task Force. The petitioner, Darlene Skaggs, appeals from an Order of forfeiture entered on February 23, 2007. - Grant 3 - 2, Maynard & Davis.
6. State of WV v. James E. Lancaster - 072211 - Petitioner appeals from the relief that was awarded in this habeas corpus proceeding. The circuit court awarded relief consisting of the remission of a period of five years of probation. Petitioner seeks further relief consisting of setting aside his convictions and the award of a new trial. - Refuse 5 - 0.
7. Anthony J. Barbario, et al. v. WV Consolidated Public Retirement Board - 072224 - The West Virginia Consolidated Public Retirement Board petitions for appeal from the Circuit Court of Kanawha County's Final Order finding that the Teachers' Retirement Equity Act is violative of the Takings Clause of the West Virginia Constitution and the Contracts Clause of the United States and West Virginia Constitutions. - Refuse 3 - 2, Starcher & Albright.
8. Coye B. Taylor v. Howard Painter, Warden - 062741 - Petitioner appeals from the circuit court's order denying his petition for habeas relief. - Refuse 3 - 2, Starcher & Albright.
9. William T. Smoot, II v. American Electric Power, Verizon of WV, Inc. and Charter Communications, Inc. - 072201 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendants in this personal injury action brought against defendants alleging negligence. - Grant 3 - 1, Maynard, Benjamin Not Participating.
10. Gloria Bernice Coleman v. Wal-Mart Stores East, L.P. - 072302 - Defendant Wal-Mart Stores East, L.P. appeals the circuit court's order granting a motion for new trial in this slip and fall case. - Refuse 3 - 2, Maynard & Benjamin.
11. Jason Eastham, et al. v. The City of Huntington, a municipal corporation, and David Felinton, Mayor - 071951 - The City of Huntington appeals the circuit court's declaratory judgment order which held that municipal ordinance and city charter provisions which require city employees to reside within the city are repealed and rendered void and unenforceable as they would apply to all civil service employees and civil service appointees. - Grant 3 - 2, Maynard & Benjamin.
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