June 10, 2003 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, June 10, 2003

1. David M. Jackson v. State Farm Automobile Insurance Co. - 021349 - This case falls under the West Virginia Unfair Claims Settlement Practices Act, more specifically, Code Section 33-11-4(9)(d) and (f), arises as a result of an accident which occurred on 5/16/96, when a vehicle being driven by the plaintiff was struck in the rear by a vehicle being driven by State Farm's insured, Teri Smoot. The Circuit Court granted Summary Judgment, finding violations as a matter of law by State Farm. - Grant 4 - 1 , McGraw.

2 . Thomas Surock, dba Central Taxi, et al. v. PSC of W. Va. & Thornton Cooper - 022121 - Dismissed.

3. State of W. Va. v. Ronnie W. Worley - 021826 - Petitioner seeks an appeal and reversal of an Order entered by the Putnam County Circuit Court sentencing him to spend the remainder of his natural life in the jail for his convictions of first degree murder and burglary. - Refuse 3-2, Starcher & Albright.

4. Judith A. Balderson v. Kroger Limited Partnership I and Jamie Sprague - 022062 - Petitioner appeals an adverse jury verdict on her West Virginia Human Rights Act case. She alleged that respondents failed to reasonably accommodate her disability and instead fired her.
- Refuse 4 - 1, McGraw.

5. Daniel R. Strahin v. Robert Glen, Larry, Jr. and Mary Cleavenger; Earl Sullivan - 022113 - Petitioner appeals an adverse jury verdict and the court's refusal of pre-trial and post-trial motions in a case where he was found liable for failing to protect a person who was shot by a third party. - Grant 3 - 2, Maynard & McGraw.

6. Rodney Sloan v. Department of Health and Human Resources - 022267 - Petitioner appeals from the circuit court's order denying his administrative appeal wherein he sought a reversal of the Grievance Board's decision upholding his termination from the Office of the Chief Medical Examiner. - Grant 4 - 1, Maynard.

7. Russell Holt v. PSC of W. Va. & Snowshoe Mountain, Inc. - 030667 - No summary available. - Refuse 3-2, Starcher & McGraw.

8. Billy Jo Kidd and James E. Kidd v. W.Quay Mull , II, Mull Realty, WQM Industries, Inc. Teresa Markwas, and Mike Piazza - 022432 - Petitioners appeal the circuit court's entry of an adverse summary judgment and the dismissal of their case with prejudice, contending that there existed genuine issues of material fact. Petitioners assert that agents of a land owner misrepresented that the property extended to the river front, and that they relied upon the misrepresentations to their detriment when entering into a lease-purchase agreement. - Grant
4 - 1, Maynard.

9. State of W. Va. v. Anthony White - 022439 - Petitioner appeals his conviction for attempted unlawful assault. He plead guilty conditioned on his right to appeal the issue of whether the statute he was charged under, W. Va. Code § 61-8D-5(a) "attempted sexual abuse by a custodian", is unconstitutional as applied to the facts of his case. - Grant 3 - 2 , Maynard & McGraw.

10. Bluestone Paving, Inc. v. Tax Commissioner of the State of West Virginia - 022533 - Petitioner appeals from the circuit court's order reversing an administrative decision of the Tax Commissioner denying Taxpayer's claim for a refund of use tax based on application of credit provided by Code Section 11-15A-10a. - Grant 3 - 2 , Davis & Maynard.

11. SER Mark Anthony Johnson v. Howard Painter, Warden - 022496 - Petitioner appeals the denial of habeas corpus relief in a case where he was previously convicted of two counts of second degree sexual assault. He asserts ineffective assistance of counsel and error because he was required to wear a stun belt without having a hearing on such. - Refuse 3 - 2, Starcher & Albright.

12. State of W. Va v. William Dean Rucker - 022484 - Defendant was convicted of one count of delivery of a Schedule II controlled substance, crack cocaine, following a jury trial. He was sentenced to 1 to 15 years in prison. Defendant seeks either a reversal of his conviction, a new trial, or a remand of this action to the circuit court for the appointment of new counsel to assist him in prosecuting a habeas corpus proceeding. - Refuse 5 - 0.

13. Friends of the Allegheny Front v. PSC of W. Va. & Nedpower Mount Storm LLC - 030888 - No summary available. - Refuse 3 - 2, Starcher & Davis.

14. State of W. Va. v. Crossen T. Lease - 021972 - Petitioner appeals the denial of a motion to correct a sentence previously imposed upon him. In 1994, he was sentenced to six to thirty-eight years for his conviction of six counts of possession of controlled substances with intent to deliver. He asserts that the sentence violated his right against double jeopardy. - Refuse 5 - 0.

June 11, 2003