Supreme Court of Appeals of West Virginia 
Motion Docket 
Tuesday, June 1, 2010


1.  Stanley Stevenson v. Independence Coal Co., Inc. -  100366 -  Independence Coal seeks review of the Boone County Circuit Court's denial of its Motion for Summary Judgment, Motion for Judgment as a Matter of Law, and Motion for a New trial, following a jury verdict in favor of Mr. Stevenson. Mr. Stevenson had filed suit his personal injury lawsuit and argued that Independence was negligent in failing to provide a safe work place. - Justice Benjamin disqualified. Judge Nibert sitting by temporary assignment. - Grant 5- 0

2.  Valeria Ann P. v. Stephen P., Jr. - 100065 - Valeria Ann P. appeals the circuit court's order which affirmed the family court's Final Order on Parenting Plan. - Withdrawn

3.  State of WV v. Johnny R. Mowell - 100344 - Johnny R. Mowell appeals his conviction for two counts of Receiving Stolen Property. He argues that the court erred when denying his motion to suppress evidence, that the convictions are against the weight of the evidence, that the court should have granted a mistrial upon introduction of excluded 404(b) evidence, and that the State knowingly used perjured testimony. Refuse 3-2, (Benjamin, J. would grant as to assignment of error no. 1, Ketchum, J. would grant as to assignment of error nos. 1 and 2

4.  State of WV v. Eugene Likens - 100383 - Petitioner Eugene Likens appeals his conviction of two counts of Delivery of a Controlled Substance and two counts of Conspiracy following a jury trial in Mingo County, West Virginia. The petitioner is seeking to have his conviction set aside and asserts several errors in the trial. - Withdrawn

5.  Farouk Abadir, et al. v. Mark H. Dellinger and Bowles Rice McDavid Grafff & Love - 100283 - Plaintiffs appeal from the circuit court's order dismissing their action for damages against their former counsel whom they allege settled a case in which they were the named defendants without their consent. Plaintiffs assert that the circuit court failed to perceive the difference between actual and apparent authority and that collateral estoppel does not preclude them from establishing that their counsel was never authorized to do what he did and that they were damaged as a result, even though the settlement was upheld in Messer v. Huntington Anesthesia Group, Inc., 222 W.Va. 410, 664 S.E.2d 751 (2008). - Grant 5- 0

 

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