Requests for Oral Presentation
and
Petitions for Appeal

July 7, 1999

1. Supervalu Operations v. Center Designs, Inc., No. 991286. Defendants appeal from an award of summary judgment entered in favor of plaintiff.

Grant 4-1
[Maynard, J.]

2. Citibank (South Dakota) v. Martella Walsh, No. 991302. Defendant appeals from an Order awarding summary judgment in favor of plaintiff on defendant's counterclaim for breach of an insurance contract and bad faith in violation of the Unfair Trade Practices Act.

Refuse 4-1
[McGraw, J.]

3. Board of Education v. Quincy Coal Co., No. 991316. Petitioner appeals from an Order of the circuit court ruling that petitioner did not hold an easement over a certain parcel of real estate.

Refuse 3-2
[Starcher, C.J., McGraw, J.]

4. Dale G. Nestor v. Bruce Hardwood Floor, No. 991349. Plaintiff appeals from an award of summary judgment entered in favor of defendant.

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

5. Patsy L. Rose v. Thomas Memorial Hospital, No. 991317. Plaintiff appeals from the circuit court's order dismissing with prejudice the amended complaint filed against Herbert J. Thomas Memorial Hospital Association.

Accept

6. James Deel, Administrator v. Emstate Corporation, No. 991348. Defendant appeals from a $2.1 million dollar verdict rendered against it in a medical malpractice case.

Refuse 5-0

7. State of West Virginia v. Michael Newell, No. 991350. Defendant appeals his first degree murder conviction under the felony murder doctrine for which he was sentenced to life in prison without the possibility of parole.

Accept

8. Ballard Johnson v. George Trent, Warden, No. 991318. The petitioner, Ballard Johnson, appeals from an order entered in the Circuit Court of Mingo County denying habeas relief with regard to the petitioner's underlying convictions of 1st degree murder, with mercy, and aggravated robbery. The petitioner asserts, inter alia, that the failure to instruct the jury upon felony-murder allowed the State to improperly obtain multiple convictions and two life sentences.

Refuse 4-0
[Maynard, J. Disqualified]

9. State of West Virginia v. Royce D. Burdette, No. 991393. The petitioner, Royce Dean Burdette, appeals from a jury verdict returned in the Circuit Court of Raleigh County finding him guilty of the aggravated robbery of three convenience stores. One of the principal issues raised by the petitioner concerns Rule 404(b) evidence.

Refuse 5-0

10. CMC Enterprises, Inc. v. Ken Lowe Management, No. 991395. The petitioner, Ken Lowe Management Company, appeals from an order entered in the Circuit Court of Grant County finding that the petitioner owes respondent CMC the net amount of $42,973 for renovations upon the petitioner's building. The petitioner contends that it did not approve certain cost-overruns and additional work concerning the project.

Grant 3-2
[Starcher, C.J., McGraw, J.]

11. State of West Virginia v. Patrick Carr, No. 991396. The petitioner, Patrick Carr, appeals an adverse jury verdict returned in the Circuit Court of Hardy County. The petitioner was convicted of the 1st degree sexual assault of a 5 year old child and the malicious wounding of three adults. The petitioner contends that he was incompetent to stand trial and that the sexual assault convictions was based upon inadmissible hearsay.

Refuse 4-1
[Starcher, C.J.]

12. David Raider v. Wesbanco Bank Charleston, No. 991397. The petitioner, Wesbanco Bank Charleston, appeals from an order entered in the Circuit Court of Kanawha County awarding the respondent specific performance of an agreement to purchase a townhouse.

Refuse 5-0

13. Carolyn M. Armor v. George Lantz, Nos. 991416. The petitioners, Carolyn M. Armor and Richard T. Armor, Jr., appeal from an order entered in the Circuit Court of Wood County granting summary judgment in favor of the respondent. The action was brought by the petitioners for legal malpractice, and the named defendants included two Ohio attorneys and the respondent, a West Virginia attorney serving as local counsel.

Grant 5-0