Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Wednesday, July 7, 1999

1. Roberta F. Green
No. 26005
GRANT 5-0
 Motion for Leave to Participate in Oral Argument As Amicus Curiae on behalf of Kanawha County Emergency Ambulance Authority in Jan-Care Ambulance Service, Inc., et al. v. PSC, et al., No. 26005, to be submitted 9/21/99. The motion asserts no other entity represents its unique interest.
2. Jerald E. Jones
No. 991748
REFUSE 3-2
(STARCHER, C.J. & MCGRAW, J.)
 Petition for Writ of Prohibition in SER Holt v. Fox, et al., No. 991748. The petition seeks to prohibit the circuit court from proceedings on two misdemeanor counts that had been initiated in magistrate courts but dismissed on the State's motion to withdraw. The petition asserts that the court's ruling is in conflict with Rule 5(b), WVRCrP, W.V. Code 50-5-7 and SER Burdette v. Scott, 259 S.E.2d 628 (1979). Response filed.
3. Lawrence E. Sherman, Jr.
No 991784
GRANT 3-2
(DAVIS, J. & MAYNARD, J.)

 Petition for Writ of Mandamus in SER Burns v. Vieweg, No. 991784. The petition seeks to have an order entered concerning a petition for reopening filed on 5/21/98 and an evaluation performed 2/15/99.
4. Matthew A. Victor
No. 991815
REFUSE 4-1
(MCGRAW, J.)
 Petition for Writ of Prohibition and Writ of Mandamus in SER Belknap v. Alsop, et al., No. 991815. The petition seeks to prohibit a sentence in excess of the 6-month sentence provided in WVCode 61-3B-3(b) and to require a sentence within the statutory limit. The court sentenced the defendant to placement in the Anthony Center for 6 months to 2 years, with delay of imposition of judgment.
5. E. Don Yoak, Pro Se
No. 991850
REFUSE 4-1
(MCGRAW, J.)
 Motion for Indefinite Stay in Yoak v. PSC. et al., No. 991850. Mr. Yoak seeks an indefinite stay pending ruling by the Court. On 6/16/99, the Court granted a stay until 7/2/99. Mr. Yoak's petition for appeal was filed on 6/30/99. See No. 6.
6. Robert R. Rodecker
No. 9981850
REFUSE AS MOOT-STAY
5-0
REFUSE-EXPEDITE 5-0		 Motion to Lift Stay and to Expedite Yoak v. PSC. et al., No. 991850. The motion asserts that the City's financial circumstances require the lifting of the stay and immediate consideration of the petition. Responses filed. Reply to Response filed. See No. 5.
7. Thomas M. Regan
No.991855
REFUSE 4-1
(STARCHER, C.J.)		 Petition for Writ of Prohibition and Motion to Stay Order in SER P. v. Moats, et al., No. 991855. The petition seeks to prohibit the unsupervised visitation ordered to begin 7/1/99 with the 5-year old child.
8. Michael C. Allen
No. 991787
GRANT 5-0		 Motion for Leave to Amend Petition for Writ of Prohibition and Mandamus in SER Forbes v. Zakaib, et al., No. 991787. The motion seeks to add the Verification of Petition.
9. Jon R. Blevins
No. 991787
GRANT 3-0
ALL ISSUES
GRANT TRANSFER ISSUE ONLY
(WORKMAN, J. & DAVIS, J.)		 Petition for Writ of Prohibition and a Writ of Mandamus in SER Forbes v. Zakaib, et al., No. 991787. The petition seeks to prohibit the circuit court from proceedings with evidentiary hearings upon an amended petition for the appointment of a special prosecutor. The petition seeks: (1) dissolution of disqualification injunction; (2) dismissal of Sheriff's petition as facially insufficient; and (3) transfer to judge supervising grand jury. Response filed by Sheriff Tucker. See No. 10.
10. Jon R. Blevins
No. 991787
GRANT 5-0		 Motion for Stay in SER Forbes v. Zakaib, et al., No. 991787. The motion seeks a stay of the 7/16/99 hearing. See Nos. 9 and 11.
11. Michael T. Clifford
No. 991787
REFUSE AS MOOT-STAY 5-0
REFUSE-SANCTIONS 5-0		 Motion for Sanctions and Motion to Dismiss Motion for a Stay in SER Forbes v. Zakaib, et al., No. 991787. Sheriff Tucker's motion for sanctions asserts Mr. Clifford was not personally served and Sheriff Tucker was not served. See Nos. 9 and 10.
12. James C. Jones
No. 991814
REFUSE 5-0		 Petition for Writ of Prohibition in SER Winchester Medical Center, Inc. et al. v. Cookman, et al., No. 991814. The petition seeks to prevent evidentiary hearings on collection action for outstanding medical bill, credit card bill and past due credit card bills. The petition asserts that a default judgement should be entered under Rule 55(b)(1) and Farm Family Mut. Inc. Co. v. Thorn Lumber Co., 501 S.E.2d 786 (1998).
13. Franklin D. Cleckley
No. 991506
REFUSE 4-1
(STARCHER, C.J.)		 Summary Petition for Post-Conviction Bail Pending Appeal in State v. Nichols, No. 991506. The bail petition asserts that the defendant's petition for appeal (No. 26009) is to be submitted on 9/22/99 and that release would be beneficial. Response opposing bail filed.
14. Gregory W. Evers
No. 972412
REFUSE 4-1
(MCGRAW, J.)		 Motion for Reconsideration of Petition for Appeal in Dillard v. WCD/Donaldson Mining Co., No. 972412(refused 3-2(D & S) 5/20/99). Response filed.
15. Robert D. Aitcheson
No. 990629
REFUSE 4-1
(WORKMAN, J.)		 Motion for Reconsider of Petition for Appeal in Parrish v. Foley, No. 990629
16. William J. Sadler
No. 991638
REFUSE 5-0		 Petition for Writ of Prohibition in SER Mercer County Comm'n v. Frazier, et al., No. 991638. The petition seeks to prohibit enforcement of an order requiring the Comm'n from holding a public meeting to hear an appeal of tax assessment. Circuit court order was entered 1/20/99.
17. Thomas W. Smith
No. 25368
GRANT 5-0
(MAYNARD, J. DISQUALIFIED - CLINE, J. PARTICIPATING)		 Motion to Supplement the Record in State v. Hatfield, No. 25368. The motion seeks to supplement with the Court's mandate.
18. Sarah E. Smith
No. 982896
REFUSE 5-0		 Motion to Supplement Record in Belcher v. WCD/Eastern Associated Coal Corp., No. 982896 (petition filed 10/30/98). The motion seeks to include information on rehabilitation from 11/30/98.
19. Rodney L. Bean
No. 26193
GRANT 5-0		 Motion to Supplement Record in Rundle, et al. v. City of Morgantown, No. 26193. The motion seeks to supplement with jury instructions.
20. Rodney L. Bean
No. 26193
GRANT UNTIL 9/10/99 5-0		 Motion for Leave to Secure Complete Trial Transcript and to Extend Deadline in Rundle, et al. v. City of Morgantown, No. 26193. Response filed.
21. Tina Jones
No. 990335
REFUSE 3-0
(STARCHER, C.J. & WORKMAN, J. DISQUALIFIED)		 Motion to Renew Petition for Appeal in Charleston Area Medical Center, Inc. v. Means, No. 990335 (refused motion docket 6/1/99 2-1(M)(S & W disqualified)). Motion seeks appointment of full panel and reconsideration of petition. Response filed.
22. Craig Adkins, Jr. Pro Se
No. 991547
REFUSE 5-0		 Motion to Reconsider SER Adkins v. Kirby, No. 991547 (refused 6/7/99). The motion filed on 6/23/99 seeks probation or alternative sentencing.
23. William R. Wooton
No. 25958
REFUSE 3-2
(MAYNARD, J. & MCGRAW, J.)		 Motion to Dismiss Appeal in Crispin et al. v. WVSSAC, et al., No. 25958. The motion asserts that two of the plaintiffs voluntarily dismissed the case with prejudice and the suit of Ms. Crispin, the remaining plaintiff, was dismissed for "Improper Venue." Response filed.
24. Frank Cuomo, Pro Se
No. 991718
REFUSE AS PREMATURE
PENDING UNDER TCR 17
5-0		 Petition for Writ of Prohibition in SER Cuomo, et al. v. Risovich, et al., No. 991718. The petition seeks to prohibit the respondent from "participating in any way in any present and future cases in which Petitioners are involved." See No. 25.
25. Frank Cuomo
No. 991856
REFUSE AS PREMATURE
PENDING UNDER TCR 17
5-0		 Petition for Writ of Prohibition and Motion to Stay Proceeding in SER Boley, et al. v. Risovich, No. 991856. The petition seeks to prohibit the respondent from "any further proceedings in the Petitioners' case." Response filed. Reply to response filed. See No. 24.
26. Daniel C. Cooper
No. 25832
REFUSE WITHOUT PREJUDICE
3-2
(STARCHER, C.J. & MCGRAW, J.)		 Motion to Strike Cross-Assignment of Error and Motion for Extension of time to Reply to Motion to Dismiss in Stonewall Jackson Memorial Hospital Co. v. Am. Unt. Life Ins. Co., et al., No 25832 (to be submitted 9/21/99). Motion to Dismiss was refused without prejudice (6/16/99 Misc. Mtn. Conf.) Response to Motion to Strike filed.
27. James M. Cagle
No. 25957
REFUSE-SUPPLEMENT
3-1 (MAYNARD, J.)
REFUSE AS PREMATURE -SANCTIONS 4-0
(MCGRAW, J. DISQUALIFIED)		 Motion to Supplement the Record and Motion for Sanctions in In Re Removal of: Sims, No. 25957( to be submitted 9/22/99).
28. William B. Gerwig, III
No. 982927
GRANT 5-0		 Motion to Stay Appeal in WVPaving v. WCD/Sanford, No. 982927. The motion seeks to stay the underlying appeal pending resolution of settlement issue.
29. Robert C. Stone, Jr.
No. 991650
GRANT ONLY ON 5TH AMENDMENT ISSUE
5-0		 Petition for Writ of Prohibition in SER Myers v. Sanders, et al., No. 991650. The petition seeks to prohibit the unsealing of a pre-sentence evaluation report and deposition requiring articulation of basis for invoking the 5th amendment. Stay for certain deposition questions granted 6/23/99.
30. William T. Brotherton, II
No. 980891
REFUSE 5-0		 Motion to Dismiss Petition for Appeal in Hartwell v. WCD/CAMC, No 980891. The motion seeks dismissal because Mr. Hartwell died on 5/17/99.
31. Mary Catherine Buchmelter
No. 25982
GRANT 4-0
(MAYNARD, J. NOT PARTICIPATING)		 Motion of W.V. Human Rights Commission, As Amicus Curiae, for Leave to Participate in Oral Argument in Lynch, v. Appalachian Power Co., et al., No. 25982.
32. J. Franklin Long
No. 991873
GRANT 5-0		 Petition for Writ of Prohibition in SER Huffman v. Stephens, et al., No. 991873. The petition seeks to prohibit the transfer of the underlying case from McDowell to Mercer County because of an alleged erroneous venue decision.
33. Troy E. Hughes
GRANT PENDING RESOLUTION OF MOTION FOR REFERRAL TO MASS LITIGATION PANEL
4-0
(DAVIS, J. NOT PARTICIPATING)		 Motion for Stay in In Re: Tobacco Litigation. The motion seeks both a stay of trial and a stay of discovery for cases that may be referred to the Mass Litigation Panel. Response filed.