1.  State of West Virginia v. David Junior Boggs, No. 030295. Defendant’s counsel files the petition for appeal at defendant’s request under the provisions of Anders v. California, 386 U.S. 738 (1967).

Refuse 5-0

2.  James A. Pence v. Steven A. Issenberg, M.D., No. 032292. Defendant doctor appeals from the entry of an order denying his motion for a new trial following a jury verdict in favor of plaintiffs in this medical malpractice action.

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

3.  Margaret Beth Arneault v. The Honorable Joyce Dumbaugh and Edson R. Arneault, No. 040783. Petitioner wife appeals from the circuit court’s order denying her petition for a writ of prohibition and/or mandamus seeking to require the family court to award her suit money, living expenses in the form of pendente lite alimony, and an advance on her share of marital property subject to equitable distribution. The circuit court held that because the final hearing had already been held on equitable distribution, petitioner did not need any suit money.

Grant 4-1
[McGraw, J. ]

4.  Rita May Louk v. Serge Cormier, M.D. - No. 040766. Plaintiff appeals from the circuit court’s order denying her post-trial motion following a non-unanimous jury verdict in favor of defendant physician under W.Va. Code §55-7B-6d.

Grant 4-1
[Albright, J. ]

5.  Angela Simmons v. Westfield Insurance Company, Tom Ketchum, as an agent of Westfield Insurance Company, Jeff Skidmore, as an agent of the Junior Community Volunteer Fire Department, Inc., Board of Directors of Junior Volunteer Fire Department, Inc., Allstate Insurance Company and Allegheny Insurance, Inc. d.b.a. Cromwell, Keim, Heineman, Inc.
and
Westfield Insurance Company and Junior Community Volunteer Fire Department, Inc. v. Erie Insurance Company - No. 040785. Petitioners appeal from the circuit court’s order awarding summary judgment in favor of respondent in this action involving insurance coverage issues.

Refuse 4-1
[McGraw, J. ]

6.  State ex rel. Rodney Eugene Nagye v. Howard Painter, Warden, Mount Olive Correctional Complex - No. 040798. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Petitioner asserts that the circuit court summarily dismissed his petition without granting leave for discovery and without conducting a hearing.

Refuse 5-0

7.  Richard Wayne Powell v. Thomas B. Scott, Administrator of the Southwestern Regional Jail of West Virginia - No. 040799. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus.

Refuse 4-1
[Albright, J. ]

8.  Robert Poling v. Tucker County Board of Education - No. 040800. Petitioner appeals from the Circuit Court’s order which affirmed the decision of the WV Education and State Employees Grievance Board. The Grievance Board and Court found that petitioner was not entitled to preferred recall status when his temporary contract of employment ended.

Refuse 4-1
[McGraw, J. ]

9.  State of West Virginia ex rel. Michael T. Thompson v. Michael [sic] McBride, Warden, Mount Olive Correctional Complex - No. 040801. Petitioner appeals from the circuit court’s order denying his petition for post-conviction habeas corpus relief. Petitioner was convicted in 1998 of second degree sexual assault. He asserts that the prosecutor made improper remarks at trial, that he was denied a speedy trial, and ineffective assistance of counsel.

Refuse 5-0

10.  Malinda Parrish, Individually and as Administratrix for the Estate of Steven F. Parrish, and Joshua E. Parrish, Garrett B. Parrish, Cattarina M. Parrish, and Tucker S. Parrish, minors by their next friend Malinda Parrish v. Malcolm Carr Taylor, Jr. and Roberts and Oak, Inc., a Kentucky corporation - No. 040843. Plaintiffs appeal from the circuit court’s denial of a motion for new trial on their wrongful death claim and from the circuit court’s granting of the defendant’s motion for judgment as a matter of law on plaintiffs’ negligent hiring claim.

Accept To Motion Docket

11.  William Keel v. West Virginia Division of Motor Vehicles - No. 040844. The Division of Motor Vehicles appeals from the circuit court’s order which reversed the DMV’s decision to administratively revoke William Keel’s driver’s license for six months for DUI. The circuit court found that the DMV was bound by the circuit court’s finding in the related criminal case that the arresting officer lacked probable cause to arrest Mr. Keel for DUI.

Refuse 5-0

12.  State of West Virginia v. Anthony Smith - No. 040845. Petitioner appeals from the circuit court’s order which revoked his probation and reinstated his original 30 year sentence for aggravated robbery.

Refuse 5-0

13.  Barbara Washington v. Christus Washington - No. 040847. The Bureau for Child Support Enforcement appeals from the denial of a motion for reconsideration. The Bureau is seeking enforcement of a registered California child support order.

Refuse 5-0

14.  Ercelle E. Price v. CAMC, Inc., WVU Medical Corp., University Health Association - No. 040857. Petitioner files an appeal from an unsuccessful verdict in his medical malpractice case. Petitioner seeks to have the verdict overturned and the case remanded for a new trial.

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

15.  State of West Virginia v. Rarren Armon Berry, No. 040858. Petitioner seeks an appeal to obtain a reduction of his 32 year sentence after his guilty plea for First Degree Robbery. It is alleged that the Court abused its discretion by issuing a disproportionate sentence.

Accept To Motion Docket

16.  Willard Lambert v. Deborah Brooks - No. 040859. Petitioner files an appeal following dismissal of the complaint for failure of a Fiduciary Commissioner to provide a 10 day notification to heirs of the existence of a final settlement, to determine the meaning of "nephew" as an heir under a will, and to determine whether executrices of an estate violated their fiduciary duties to heirs by making disproportionate distributions to themselves. The Court determined that the petitioners did not have standing and that the respondent did not violate any fiduciary duty.

Accept To Motion Docket

17.  State of West Virginia v. Ronald Dean Render - No. 040864. Petitioner files a direct appeal from his conviction of one felony count of possession with intent to deliver cocaine and one felony count of fleeing in a vehicle from the police causing injury and the circuit court’s order denying his motion for a reduction of sentence. On appeal, petitioner seeks reversal or a new trial.

Refuse 5-0