1. Dewaine C. King, Inmate v. Howard Painter, Warden, et al.  - 27260 - King files a writ of mandamus seeking to compel the commissioner of corrections to comply with West Virginia Code 25-1-17 (a)(b) which states, "To safeguard the sanctity of the attorney-client privilege, a separate telephone line shall be made available and no conversation between an inmate or patient and an attorney shall be monitored, intercepted, recorded, or disclosed in any manner." - Remanded.

2. SER Cecil Clayton Holcomb, III v. Howard Painter, Warden -  27312 - The petitioner, Cecil Clayton Holcomb, III, appeals from an order of the Circuit Court of Fayette County denying him relief in habeas corpus. In the underlying proceeding, the petitioner entered a plea of guilty to two counts of murder of the first degree for killing his parents and was sentenced to two concurrent
terms of life imprisonment, without mercy. The petitioner, age 15 when the offenses were committed, contends that the plea agreement was involuntary and that the sentence was excessive.

3. (5) State of W. Va. v. Thomas Snodgrass  - 27313 - The petitioner, Thomas Snodgrass, appeals from his convictions in the Circuit Court of Marion County of: (1) child abuse creating risk of injury, (2) destruction of property and (3) fleeing from a police officer. The convictions arose from a dispute between the petitioner and his ex-wife over the petitioner's visitation with his 6 year old son.

4. In Re: Tax Assessments Against American Bituminous Power Partners, L.P.  - 27377 - The petitioners, Marion County Commission and State Tax Commissioner, appeal from an order entered in the Circuit Court of Marion County determining that the true and actual value of the power plant of the taxpayer, American Bituminous Power Partners ( for State ad valorem tax purposes ) for the year 1996 was $18,812,725, rather than $45,409,310. The issue before this Court concerns the application of the "income approach" in determining the value of the property. Issues on appeal are (1) Whether the Circuit Court erred in holding that an income approach to valuation of property must include income data from all of the previous three years, even when two of those years do not fairly reflect the fair market value of the property. (2) Whether the Circuit Court erred in holding that the income approach to valuation is applicable in this case.
(3) Whether it is fair to permit a Circuit Court to wait for three years before rendering a decision which will require a county commission and sheriff and other beneficiaries to made a credit of taxes from an already tight budget.

   In Re: Tax Assessments Against American Bituminous Power Partners, L.P. - 27378 

5. State of W. Va. v. Melody Lynn Onapolis  - 27060 - Continued

6. (2) Jessie L. Graham v. David A. Wallace, D.D.S., M.S.  - 27380 - The petitioner, David A. Wallace, an oral surgeon, appeals from an adverse jury verdict returned in the Circuit Court of Mercer County. The petitioner contends, inter alia, that the Circuit Court erred in reopening the case and allowing testimony upon the unsubstantiated assertion of counsel for the respondent that the petitioner falsified certain medical records.

7. State of W. Va. v. Michael Vance  - 27382 - The petitioner, Michael Vance, challenges his conviction of unlawful wounding returned in the Circuit Court of Mingo County. The petitioner seeks reversal of the conviction because (1) one of the members of the grand jury may have been prejudiced against him, and (2) his trial attorney was distantly related to the victim of the offense. -Submitted on briefs.

8. (4) West Virginia Board of Medicine v. Diane E. Shafer, M.D. - 27374 - Petitioner, the West Virginia Board of Medicine, appeals from the circuit court's order vacating the Board's order that revoked the medical license of respondent, Diane Shafer, M. D.. The Board seeks a reinstatement of its order.

9. Brenda Sue Moore, Adm. v. St. Joseph’s Hospital of Buckhannon, Inc., et al.  - 27460 - Plaintiff appeals from the jury's award of inadequate damages in this wrongful death action in which defendants were found to be 100% liable. The single question on appeal is whether the jury's verdict was wholly inadequate as a matter of law.

10. (1) Steven M. Roberts, et al. v. Consolidation Coal Co., et al.  - 26850 - This appeal by the petitioner, Steven Roberts, arises from a jury verdict returned in the Circuit Court of Monongalia Co. wherein the respondent, Consolidation Coal Co., was found 51% at fault and the petitioner 49% at fault in a deliberate intent action concerning a mining accident. As a result of various offsets, the petitioner was left with zero recovery from the trial.

11. William R. Dean, et al. v. The Town of Addison  - 27463 - The petitioner, The Town of Addison, appeals from a summary judgment entered in the Circuit Court of Webster County in favor of the respondents, William R. Dean, et al. The Circuit Court ruled that a fire protection service fee adopted by the Town, although constitutional upon its face, was unconstitutionally applied, where the fees collected were used to provide fire protection to property owners whose property was located outside the boundaries of the city.

12. (3) Mousa Ibraham Dababnah v. West Virginia Board of Medicine  - 27751 - Mousa Dababnah appeals the WV Board of Medicine denial of his medical license renewal application for failure to pay child support. Issues Presented - Whether the court erred in applying the wrong standard of review of upholding the administrative decision; whether court erred in upholding the Board's interpretation and application of WV Code 48A-5-5(c); whether the court erred in upholding the Board's finding that Dababnah was afforded procedural due process; whether the court erred in upholding the Board's decision placing the burden of proof upon Dababnah; whether the court erred in upholding the Board's actions in violation of its statutory authority.

13. State of W. Va. v. Carl E. Lockhart (Rule in Contempt against Lee F. Benford, II) -  27053 - This appeal by the petitioner, Carl E. Lockhart, is a follow up to State v. Lockhart, 200 W.Va. 479 (1997), wherein this Court remanded the case to the Circuit Court of Wood County to afford the petitioner an opportunity to develop the record with regard to the insanity defense of Dissociative
Identity Disorder. Prior to the remand, the petitioner's various sentences with regard to the events at issue included confinement in the penitentiary for life. The petitioner contends that the evidence submitted upon remand was such that the Circuit Court should have awarded him a new trial. - Dismissed.

14. SER WV Sec. School Activities Comm., et al. v. Hon. George W. Hill, Judge, et al. -  27764 - The WV Secondary School Activities Commission files a writ of prohibition seeking to prohibit the enforcement of Judge Hill's Order which requires the Commission to conduct the boys' and girls' pole vaulting events and to count points earned by the competitors with the team totals to determine the State Track Championship. - Dismissed.

(1 & 2) These cases will be called beginning at 10:00 a.m.

(3 & 4) These cases will be called beginning at 2:00 p.m.

(5) This case will be called last on the Docket