"Whether an employee who sustains a mental injury without physical manifestation and, as such, is precluded from receiving Workers’ Compensation benefits pursuant to W.Va. Code § 23-4-1(f), can maintain a common law negligence action against his employer, despite the immunity afforded by W.Va. Code § 23-2-6?"

The circuit court answered this question: "Yes." 

Grant 3- 2
[  Starcher, J. & Benjamin, J. ] 

2.  State of West Virginia v. Michael Crummitt - No. 050866. Defendant appeals from his conviction on two counts of second degree sexual assault following a jury trial.

Refuse 3- 2
[ Albright, C. J. & Starcher, J. 

 3.  Holy D. Heldreth v. Dr. Ali A. Rahimian and Regional Women’s Healthcare, Inc. - No. 050868. Plaintiff appeals from the circuit court’s order awarding her only a portion of her claimed attorney’s fees following a sexual harassment judgment in her favor. Plaintiff brought her claim against defendants under the West Virginia Human Rights Act. Plaintiff seeks the full amount of the attorney’s fees she originally requested.

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

4.  State ex rel. Larry Potter v. Thomas McBride, Warden - No. 050870. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus.

Refuse 4-1
[ Starcher,  J. ]

5.  State of West Virginia ex rel. William B. Kile v. Mark Williamson, Warden - No. 050871. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus.

Refuse 5- 0

6.  Linda J. Haines, beneficiary of the Estate of Ralph W. Haines, deceased v. Pamela K. Kimble, executrix of the Estate of Ralph W. Haines, deceased - No. 050872. Petitioner appeals from the circuit court’s order affirming the ruling of the Hampshire County Commission which refused to remove respondent as the executrix of the decedent’s estate.

Accept to Motion Docket

7.  Maplewood Estates Homeowners Association v. Putnam County Planning Commission and Sherman and Helene Bennett - No. 050873. Respondent homeowners and respondent Planning Commission jointly appeal from the circuit court’s order reversing the Planning Commission’s decision to grant a variance to respondent homeowners from the County’s subdivision regulations.

Grant 3- 2
[  Davis, J. & Benjamin, J. ] 

8.  In Re: Brandon Lee H. S. - No. 050879. DHHR appeals from the circuit court’s Contempt Order issued against DHHR in this abuse and neglect proceeding. The circuit court found that DHHR had failed to take action to alleviate the Child Protective Services staffing crisis existing in the Eastern Panhandle of West Virginia thereby by placing children at risk.

Accept to Motion Docket

9.  State of West Virginia v. Robert Bradley Joseph - No. 050894. Defendant appeals from his first degree murder conviction with a recommendation of mercy after his retrial following this Court’s reversal and remand of his prior conviction in State v. Joseph, 214 W.Va. 525, 590 S.E.2d 718 (2003).

Accept to Motion Docket

10.  Mayflower Vehicle Systems, Inc. v. Samuel R. Lewis, Vincent E. Cheeks and West Virginia Human Rights Commission - No. 050895. Petitioner appeals from the circuit court’s order affirming the decision of the Human Rights Commission in this discrimination action.

Accept to Motion Docket

11.  Sherry Barker v. The Board of Education of the County of Boone - No. 050896. Grievant appeals from the circuit court’s order affirming the Grievance Board’s decision upholding the termination of grievant’s employment.

Refuse 5- 0

12.  Jeremy Bender, Travis T. Sturm, Jason Gregory, and Jason Brooks v. Donald Ray Glendenning, Jr., and Webster County Board of Education AND Webster County Board of Education v. Donald Ray Glendenning, Jr. AND Donald Ray Glendenning, Jr. v. Continental Casualty Company, a CNA Company- No. 050937. Plaintiffs appeal from the circuit court’s order awarding summary judgment in favor of fourth-party defendant, Continental Casualty Company, on an insurance coverage issue.

Accept to Motion Docket

13.  Jeremy Bender, Travis T. Sturm, Jason Gregory, and Jason Brooks v. Donald Ray Glendenning, Jr., and Webster County Board of Education AND Webster County Board of Education v. Donald Ray Glendenning, Jr. AND Donald Ray Glendenning, Jr. v. Continental Casualty Company, a CNA Company- No. 050938. Plaintiff Bender appeals from the circuit court’s order awarding summary judgment in favor of fourth-party defendant, Continental Casualty Company, on an insurance coverage issue.

Accept to Motion Docket

14.  Bill Boggess v. Kanawha County Board of Education - No. 050897. Petitioner appeals the Circuit Court’s order affirming the decision of the WV Education and State Employees Grievance Board to deny his employment grievance. Petitioner grieved his termination from employment as a school custodian.

Refuse 5- 0

15.  State of West Virginia v. Louis D. Smith, III - No. 050898. Petitioner appeals his conviction for robbery in the first degree.

Refuse 5- 0

16.  The Hardwood Group d/b/a Plywood and Plastics of Roanoke v. Clair V. LaRocco - No. 050899. Defendant Claire LaRocco appeals the circuit court’s order denying her motion to set aside a default judgment for excusable neglect.

Grant 4- 1
[  Davis, J. ] 

17.  Rick Sovine, Rawnie Sovine, individually and as parents and next friends of Katie and Zach Sovine, their children v. American National Property and Casualty Company- No. 050902. Plaintiffs in a declaratory judgment action appeal the circuit court’s order granting summary judgment in favor of the defendant insurance company. The court found that the plaintiffs had already been fully compensated by the tortfeasor’s insurer, thus they are not entitled to underinsured motorist benefits from their own policy with the defendant insurer. The court also found that the plaintiffs failed to properly serve the defendant with the underlying complaint and summons.

Refuse 5- 0

18.  State of West Virginia v. Alex Vincent Golosow - No. 050903. Petitioner appeals his conviction for first degree murder without a recommendation of mercy.

Grant 5- 0
Remand for Re-Sentencing

19.  Annabeth Riffle v. Board of Education of the County of Webster - No. 050904. Petitioner Annabeth Riffle appeals the circuit court’s order which affirmed the grievance board’s decision to deny her school employee grievance. Petitioner is currently employed as a teacher’s aide by the respondent Webster County Board of Education; she filed a grievance when she was not selected for a multi-classified position of itinerant teacher’s aide/autism mentor.

Refuse 5- 0

20.  Matthew Edwards, as personal representative for the Estate of Jeremy Matthew Edwards; Donald Ray Wood, as personal representative for the Estate of Jennifer Dawn Wood; James D. Wood, as personal representative for the Estate of Deborah Sue Mays; Jessica Lynn Spradling; and Albert Victor Mays v. Bestway Trucking, Inc. - No. 050905. At a trial on the issue of liability only, a jury determined that Defendant Bestway Trucking Inc. was 5% liable for a multi-vehicle accident. Defendant appeals from the circuit court’s order denying a motion for judgment as a matter of law or for new trial.

Refuse 3- 2
[  Maynard, J. & Benjamin, J. ] 

21.  Jackie L. Crouch v. West Virginia Division of Motor Vehicles - No. 050914. The DMV appeals from the circuit court’s order reversing the Commissioner’s final order which had suspended the respondent’s driver’s license for six months for DUI.

Accept to Motion Docket

22.  Loyal Order of Moose, Martinsburg Lodge No. 120 v. Rebecca Craig Melton, State Tax Commissioner - No. 050915. The Loyal Order of Moose, Martinsburg Lodge No. 120 appeals the circuit court’s order affirming the decision of the State Tax Commissioner to deny its application for renewal of an annual charitable bingo and raffle license.

Accept to Motion Docket

23.  SER Kevin L. Cart v. George Trent, Warden - No. 050917. Kevin Cart appeals the denial of his omnibus petition for a writ of habeas corpus. He was previously convicted of first degree sexual assault and burglary.

Refuse 5- 0

24.  State of West Virginia v. Monica Sue Krise - No. 050928. Defendant appeals her convictions for driving under the influence of alcohol causing death and second offense driving under the influence of alcohol.

Refuse 4-1
[ Albright, C. J. ]

25.  Kanawha County Board of Education v. Johnny Sloan - No. 050936. The Kanawha County Board of Education appeals the circuit court’s order which affirmed the decision of the grievance board. The Board of Education terminated Johnny Sloan’s employment for violations of its sexual harassment policy, but the grievance board reversed this decision and ordered that Sloan should have only received a three day suspension.

Grant 3- 2
[ Albright, C. J. & Starcher, J. 

26.  Joseph Hicks v. Board of Education of the County of Monongalia - No. 050940. Joseph Hicks appeals the circuit court’s order which affirmed the decision of the grievance board denying his two employment grievances. He seeks experience credit, a salary increase, and back pay for his past years of experience driving a school bus in Connecticut.

Refuse 5- 0

27.  Joseph Hicks v. Board of Education of the County of Monongalia - No. 051122. Joseph Hicks appeals the circuit court’s order which affirmed the decision of the grievance board denying his employment grievance. The court and grievance board upheld petitioner’s suspension without pay pending the outcome of a criminal battery charge against petitioner involving a student.

Refuse 5- 0

28.  Walter Gauze, by next friend Mary Mead v. Chidetta Reed and National Union Fire Insurance Company of Pittsburgh, Pennsylvania - No. 050943. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, appeals the circuit court’s adverse summary judgment order which found the existence of insurance coverage.

Grant 3- 2
[ Davis, J. & Starcher, J. 

29.  State of West Virginia v. James Allen Mechlins - No. 050901. Defendant appeals his conviction for domestic battery.

Accept to Motion Docket

30.  Shawn Pethel aka Shawn Pethtel v. Thomas McBride, Warden, Mount Olive Correctional Center - No. 042183. The State of West Virginia by Warden Thomas McBride appeals the circuit court’s order which granted Shawn Pethtel’s petition for writ of habeas corpus, reversed a multi-count conviction, and dismissed the indictment with prejudice for a violation of the Interstate Agreement on Detainers.

Grant 3- 2
[ Albright, C. J. & Starcher, J. 

31.  State ex rel. H.E. Sigman v. George Piper, Administrative Law Judge, Office of Tax Appeals - No. 050463. H.E. Sigman appeals the circuit court’s order denying his petition for mandamus. He asserts that an Administrative Law Judge with the Office of Tax Appeals acted improperly and violated the statute which provides immunity to designated lawyers working for the Legislature.

Accept to Motion Docket

32.  Creative Exteriors, Inc. v. Marian Canaday, Administratrix of the Estate of Margaret Mary Williams and Leona F. Williams - No. 051000. The issue in this case concerns a dispute over roofing services provided by Creative Exteriors. Petitioner filed an appeal of a decision of a bench trial dated September 10, 2002. On December 17, 2004, the Court entered an order finding that as a matter of law a contract was completed between the petitioner and Leona Williams, by the tender of a post-dated check from Mary Margaret Williams to the petitioner. The contractor brought suit against the estate of Mary Margaret Williams to collect money owed for the services performed.

Refuse 4-1
[ Starcher,  J. ]

33.  Douglas D. Cottrill v. Patricia A. Cottrill - No. 051001. This appeal results from a domestic relations child support enforcement action. The issue concerns an alleged arrearage of child support in the amount of $40,000 accrued from 1980 through 1994, along with subsequent interest. The Family Court found an arrearage of $7,190 for a period of 1987 through 2004, with additional interest of $2,314.25 to be added if not paid by May 2, 2004. Petitioner alleges that the action was barred by the Statute of Limitations.

Grant 5-0

34.  State of West Virginia v. Christopher Frye - No. 051010. Petitioner seeks a reversal of his jury conviction of grand larceny. He was sentenced to not less than one nor more than ten years in the penitentiary by Order entered October 15, 2004.

Grant 5-0

35.  Marfolk Coal Company v. Director, West Virginia Department of Environmental Protection and Janice Nease and Freda Williams - No. 051011. This action arises out of the W.Va. Dept. of Environmental Protection’s suspension of a Marfork Coal Company surface mining permit. The West Virginia Supreme Court of Appeals remanded a previous appeal on October 25, 2004 for consideration of the substantive issues.

Accept to Motion Docket

36.  State of West Virginia v. Brandon Green - No. 051015. The petitioner was one of several persons convicted of crimes associated with the beating and kidnaping of twenty-four year old Misty Hyson and the theft of her auto. Petitioner was found guilty at a June 2004 jury trial for the offenses of Kidnaping, Grand Larceny, Conspiracy to Commit Kidnaping, Conspiracy to Commit Grand Larceny and the misdemeanor of battery.

Refuse 5- 0

37.  State of West Virginia v. Earl Ray McCoy - No. 051028. The following case involves a conviction of First Degree Murder with Mercy. Petitioner requests this Court to reverse the decision below and remand the case for a new trial.

Accept to Motion Docket