Requests for Oral Presentation
and
Petitions for Appeal

June 16, 1999

1.    Hulda Davis, Estate v. Farmers Mutual Ins., No. 991248. Plaintiff appeals order granting defendant's motion for summary judgment.

Accept

2.    Miami-Luken, Inc. v. Opp, Inc., No. 991253. Defendant appeals order awarding judgment in the amount of $183,943.03 to the plaintiff in an action involving a default on a promissory note.

Refuse 3-2
[McGraw, J., Maynard, J.]

3.    State of West Virginia v. Michael V. Richards, No. 991254. Defendant appeals sentencing order.

Grant 5-0

4.    State of West Virginia v. Margaret Talouzi, No. 991262. Defendant appeals sentence of 60 years for her voluntary plea conviction of attempted aggravated robbery.

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

5.    Charles Walls, SER v. George Trent, Warden, No. 991263. Petitioner appeals lower court's denial of the petition for a writ of habeas corpus.

Refuse 5-0

6.     State of West Virginia v. Chad Mitchell Hess, No. 991264. Defendant appeals from his conviction of aggravated robbery. He was sentenced to fifteen years in the state penitentiary, which was enhanced by 5 years given his prior conviction for entry without breaking.

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

7.    State of West Virginia v. Clyde L. Birdsall, No. 991266. Defendant appeals his conviction of second degree murder for which he received a sentence of forty years.

Refuse 5-0

8.    State of West Virginia v. Ricky V. Pendleton, No. 991267. Defendant appeals his conviction of kidnapping (with mercy), malicious assault, grand larceny and aggravated robbery.

Refuse 5-0

9.    Heather Spaulding v. Mingo County BOE, No. 991268. Defendant appeals from a jury verdict rendered in favor of plaintiff in this negligence action.

Grant 2-2
[Starcher, C.J., Davis, J. Would Refuse]
[Maynard, J. Disqualified]

10.    Sue Cahill, et al. v. Mercer County BOE, No. 991269. Defendant Board of Education appeals from the circuit court's order reversing the level four decisions of the Grievance Board and awarding plaintiff's full back pay, pre- judgment and post-judgment interest and re-instatement to administrative positions as supervisors.

Accept

11.     Kenneth M. Rodriguez v. Consolidation Coal, No. 991270. Defendant appeals from a verdict in favor of plaintiff in this retaliatory discharge case.

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

12.    Donald E. Ingram, Jr. v. The City of Princeton, No. 990298. Defendant City appeals from a jury verdict awarding Plaintiff compensation for unused sick leave under West Virginia's Wage Payment and Collection Act.

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

13.    In Re: Hearing Loss I, Nos. 983157, 990002, 990262, 990263, 990264, 990265. Plaintiffs appeal from the circuit court's award of summary judgment in favor of defendants manufacturers on the basis that plaintiff's claims are time-barred under the applicable statute of limitations.

Grant 3-0
[Starcher, C.J., Workman, J. Not Participating]

14.    State of West Virginia v. Dewitt Williams, No. 991273. The petitioner, Dewitt Williams, appeals from a jury verdict returned in the Circuit Court of Berkeley County finding the petitioner guilty of 1st degree sexual abuse. The alleged victim was the petitioner's granddaughter.

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

[Grant Only on the Issues of Striking Jurors for Cause and Defendant's Instruction No. 12.]


15.    Curniff Rowe, et al. v. Grapevine Corporation, No. 991274. The petitioners, Rowe and 36 other migrant farm workers, brought an action against their former employers, the respondents, for breach of the petitioners' work contracts. The Circuit Court of Berkeley County entered summary judgment in favor of the respondents. Essentially, the Circuit Court held that prior federal administrative proceedings precluded the petitioners, upon res judicata grounds, from pursuing their “three quarter guarantee” claims in State court.

Grant 5-0

16.    State of West Virginia v. Thomas J. Gessler, No. 991276. The petitioner, Thomas L. Gessler, appeals from an order entered in the Circuit Court of Ohio County revoking his probation. The petitioner contends that the revocation was improper because it was based solely upon hearsay testimony. The petitioner is currently in the Northern Regional Jail.

Refuse 5-0

17.    WV Dept. Of Health and Human Resources v. Larry Farmer, No. 991277. This case presents a certified question from the Circuit Court of Boone County. The question concerns whether a minor child, emancipated by marriage, becomes unemancipated and/or entitled to child support, if divorced while under the age of 18.

Grant 5-0

18.    Kristie L. Blake v. Roman Systems LTD, No. 991279. The petitioner employers appeal from an adverse jury verdict returned in the Circuit Court of Cabell County in an action wherein the respondent alleged hostile work environment and intentional infliction of emotional distress. The respondent was employed by the petitioners as a manager in a restaurant.

Refuse 5-0

19.    Kent A. Gerver v. Aurelio Benavides, No. 991283. The petitioners, Kent A. Gerver and Billie Jo Gerver, appeal from an order entered in the Circuit Court of Berkeley County awarding the respondent physician a new trial. One of the factors relied upon by the Circuit Court in awarding a new trial was a post-trial surveillance video of Kent A. Gerver submitted by the respondent.

Grant 5-0