1. State of West Virginia v. Douglas Marrs - No. 030320. Defendant appeals from his convictions on nine counts of third degree sexual abuse, two counts of second degree sexual assault, 11 counts of sexual abuse by a custodian, and two counts of display of obscene matter to a minor. Defendant’s sentences were suspended but for one indeterminate sentence of 10 to 20 years, following which he would be placed on probation for a period of five years. Defendant seeks a reversal and new trial based upon alleged trial errors.

2. Kenneth Tyler, Everett Davis, Barry Edwards, Charles Mash, Herbert Wileman, and James Lewis v. Kanawha County Board of Education- No. 030321. Petitioners appeal from the circuit court’s order affirming the decision of the Grievance Board, which granted their grievance only to the extent that they were awarded 20% of the cost of their uniforms, if they wanted to provide their own, but which also found that the County Board had a legitimate, non-discriminatory reason for not providing uniforms to petitioners.

3. Douglas Bass v. Laura Cottelli Rose - No. 030528. Defendant seeks a reversal of the circuit court’s ruling that the fee collected by defendant for protecting and collecting medical payments benefits was excessive and should be refunded. Defendant asks that the circuit court’s ruling be set aside and reversed in conformity with this Court’s holding in Lawyer Disciplinary Board v. Morton, 569 S.E.2d 412 (2002) (per curiam).

4. Dorothy Harman v. Hope George, individually and in her capacity as co-executrix of the Estate of Mayselle H. Zopfi, Danny Mitters, John H. Thorne, and David Harman- No. 030326. Petitioner appeals from the circuit court’s order affirming the decision of the Grant County Commission disallowing petitioner’s claim against the Estate of Mayselle H. Zopfi.

5. State of West Virginia v. Richard L. Jackson a/k/a Bobby Mitchell - No. 030344. Defendant appeals from his conviction for the felony offense of failure to appear for trial pursuant to W. Va. Code §62-1C-17b. He was sentenced to 1 to 5 years in the penitentiary. He seeks a reversal of his conviction based upon trial error and the sufficiency of the evidence.

6. J. A. Cottrill v. David Tucker, Sheriff - No. 030346. Plaintiff appeals from the circuit court’s order dismissing this action and finding that there was no controversy of sufficient immediacy to warrant the issuance of a declaratory judgment. Plaintiff challenges the constitutionality and validity of a residency requirement adopted by defendant, Sheriff David Tucker, which requires deputy sheriffs to be residents of Kanawha County as a job requirement.

7. State of West Virginia v. Richard Hatfield - No. 030347. Defendant appeals from his conviction for second degree murder. He was sentenced to 40 years in the State Penitentiary. Defendant seeks a reversal and a judgment of acquittal.

8. Sheryl L. Jewell v. Lisa Ford and Nationwide Mutual Insurance Company - No. 030348. Plaintiff appeals from the circuit court’s order on remand granting, in part, defendant insurer’s motion for summary judgment in this civil action involving coverage issues.

9. Michael Slivka v. Camden Clark Memorial Hospital - No. 030349. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendants in this action for gender discrimination under the West Virginia Human Rights Act. The circuit court specifically found that gender was a bona fide occupational qualification in the hiring of obstetrical ward nurses.

10. Transdistribution of West Virginia, Inc. v. Resource Consultants & Developers- No. 030350. Plaintiff appeals from the circuit court’s order denying its motion to alter or amend the summary judgment previously entered in favor of defendants. Plaintiff asserts that the circuit court further erred by denying its motion for leave to amend its Complaint. Plaintiff seeks a reversal of both of these orders and a remand of the action for a trial on the merits.

11. Krista Taylor, Dale Taylor, Lena Taylor Bolin, and Patience Taylor Hilvers v. Doris C. Allender, Executrix of the Will of Ray Rex Taylor, and Mary Weekley - No. 030361. Plaintiff appeals from an adverse jury verdict in this declaratory judgment action. Plaintiff sought to prove that the testator lacked testamentary capacity at the execution of his Will and that the Will was the result of the exertion of undue influence on the testator by defendants. Plaintiff seeks to have the verdict set aside.

12. State of West Virginia v. Edgar W. Friedrichs, Jr. - No. 030363. Defendant appeals from the jury’s verdict convicting him on four counts of sexual misconduct involving two 11-year old boys. Defendant was sentenced to a total of 31 to 65 years in the penitentiary. Defendant challenges the trial court’s rulings, the jury’s verdict and sentencing.

13. In Re: Sixteen Listed Items Seized October 16, 2001 - No. 030297. Petitioner appeals from the circuit court’s order denying, in part, his motion for the return of seized property and to suppress evidence. The circuit court denied petitioner’s motion to reconsider.

14. State of West Virginia v. Edwin Mack Taylor - No. 030365. Petitioner appeals his conviction for two counts of breaking and entering, one count of grand larceny, and one count of petit larceny, arguing the circuit court erred when allowing prior bad acts evidence at trial.

15. Estate of Robert Postlewait v. Ohio Valley Medical Center, Inc. - No. 030366. Petitioner, the widow of Robert L. Postlewait, appeals the circuit court’s refusal to approve a distribution agreement among the potential beneficiaries to her deceased husband’s wrongful death settlement. The court refused to approve distribution of part of the settlement proceeds to petitioner, finding her actions had played a role in her husband’s death.

16. Dorsey Scott v. David Stewart, Superintendent of Schools - No. 030378. Petitioner appeals the circuit court’s denial of injunctive relief. Petitioner sought to stop the State Superintendent of Schools from re-filing and pursuing administrative charges which sought the revocation of petitioner’s teaching and administration certifications.

17. Aramark Facility Services, Inc. v. West Virginia Division of Labor - No. 030379. Petitioner appeals the circuit court’s order which affirmed the decision of the Commissioner of the West Virginia Division of Labor. After an administrative hearing, the Commissioner found that petitioner had failed to pay prevailing wages to employees who painted and performed maintenance under contract at Concord College, and assessed the company $508,169.66 for wages and benefits.

18. David R. Farley v. Elizabeth Farley - No. 030476. Petitioners appeal the circuit court’s ruling on their complaint for declaratory judgment. The court retained oversight of the petitioners’ development of a right-of-way across respondents’ property and imposed a limit on petitioners’ development of their own property.

19. State of West Virginia v. Leon Innis a/k/a Edward Drummer - No. 030477. Petitioner appeals the circuit court’s refusal to set aside petitioner’s guilty plea to second degree murder and argues that his sentence of forty years incarceration is unconstitutionally disproportionate to the crime.

20. Public Service Commission v. Marvin Elswick - No. 030479. The Public Service Commission (PSC) appeals the circuit court’s order which modified a factual finding but otherwise affirmed the decision of the State Education and Public Employees Grievance Board. The circuit court found that the PSC had terminated Respondent Elswick’s employment for discriminatory reasons, but the PSC asserts that it was a non-discriminatory reduction in force and that the court failed to address issues pertaining to reinstatement and back-pay.

21. State of West Virginia v. Jim Jones - No. 030480. Petitioner was convicted of misdemeanor receipt of stolen property valued under $1,000 and conspiracy to receive stolen property valued under $1,000. He appeals the part of his sentence which imposes 100 days of incarceration after completing one year of probation. The court offered to reconsider the incarceration if petitioner admits his wrongdoing.

22. State of West Virginia v. Jarrod L. Gilbert - No. 030562. Petitioner appeals his conviction and sentencing for robbery in the second degree, asserting various trial and constitutional errors. Petitioner was sentenced to five to eighteen years incarceration, with the court making a finding of an aggravating circumstance and recommending that he serve at least nine years of the sentence.

23. State of West Virginia v. Kenneth Alan Roberts - No. 030492. Petitioner appeals his conviction for malicious killing of an animal. He asserts the State failed to prove each and every element of the crime beyond a reasonable doubt.

24. SER Darl Dwayne Alt v. Thomas McBride, Warden - No. 030493. Petitioner appeals the circuit court’s denial of his petition for habeas corpus. He claims that his rights against self-incrimination and to confront witnesses were violated at his previous criminal trial for first degree sexual abuse.

25. Steven Deskins v. S.W. Jack Drilling Company - No. 030524. Petitioners appeal the circuit court’s order granting a summary judgment to respondents in a deliberate intent workplace injury case.

26. Richard T. Ramey v. Barbara A. (Setliff) Ramey - No. 030530. Petitioner appeals the family court’s and circuit court’s refusal to set aside a previous circuit court final divorce order, as well as their rulings on respondent’s motion for contempt for petitioner not causing property to be transferred in accordance with the final divorce order.

27. State of West Virginia v. Larry Hudson - No. 030532. Petitioner appeals from the circuit court’s amended sentencing order and order denying defendant’s Motion for Post Verdict Judgment of Acquittal and Defendant’s Motion for New Trial. The petitioner seeks to have his convictions reversed.

28. State of West Virginia v. Shane Uphold - No. 030531. Petitioner appeals from this jury conviction of two counts of sexual abuse in the first degree. The Court denied the petitioner’s Motion for a New Trial and the petitioner received two (2) sentences of one to five (1-5) years of incarceration.

29. State of West Virginia v. Bruce E. Hutchinson - No. 030533. Petitioner appeals his conviction in Wyoming County for First Degree Murder. The Petitioner was sentenced to life without mercy.

30. State of West Virginia v. Martin Dion Coleman - No. 030539. Petitioner seeks correction of the Court’s decision on his Motions for Reduction of Sentence on grounds of abuse of discretion and on lack of voluntary and intelligent plea entered due to failure of attorney to advise on consequence of double jeopardy issues.

31. State of West Virginia v. Michael Rogers - No. 030404. Petitioner appeals his conviction for burglary and conspiracy to commit burglary.

32. Gretchen O. Lewis v. H. Truman Chafin - No. 030526. Ex-husband appeals the circuit court’s order refusing to reconsider a previous award of prejudgment interest on an equitable distribution award to ex-wife.