2.  In Re: the Marriage/Child(ren) of Charles A. Carpenter, Jr. and Barbara Ann Carpenter - No. 100386. Petitioner wife appeals from the circuit court’s order affirming the decision of the family court that (1) held petitioner in contempt for failure to make timely payments on the mortgage that is in the name of both petitioner and respondent husband; and (2) directed respondent husband, and a realtor of his choosing, to sell the marital home and be solely responsible for the terms of the sale. Petitioner asserts that these sanctions were not appropriate because respondent had not been harmed since late payments on the mortgage were never more than 30 days late and, therefore, were not reported to credit bureaus as being late. Petitioner seeks a reversal and a remand with instructions to dismiss the contempt petition unless respondent proves he has been harmed as a result of mortgage payments being less than 30 days late. Grant  5- 0 - (Benjamin, J. disqualified, Judge Matish sitting)

3.  J & J, Inc., Carl Spessert, Agent v. Robert Shockey, Carolyn Shockey, Bennett Logging, Frankie Bennett, Allen Bennett, and Arthur Bennett- No. 100391. Plaintiff appeals from the circuit court’s order granting summary judgment in this action for timber trespass. The circuit court found that plaintiff’s deed contained an insufficient description of the subject property and that plaintiff did not own it. Refuse  5- 0

4.  C&O Motors, Inc. v. West Virginia Paving, Inc.- No. 100395. Defendant appeals from the circuit court’s order granting summary judgment in favor of plaintiff in this negligence action seeking damages, and the circuit court’s subsequent order awarding damages in favor of plaintiff. Defendant asserts that the circuit court’s summary judgment effectively converted a comparative negligence case into one of strict liability. Defendant seeks a reversal of the circuit court’s orders, the establishment of comparative negligence as the cause of action, and a remand to the circuit court. Refuse  5- 0 - (Benjamin, J. disqualified, Judge Matish sitting)

5.  State of West Virginia v. Joshua James Harrison - No. 100316. Defendant seeks a reversal of his sentencing following his guilty plea to first degree robbery. Defendant asserts that his sentence is disproportionate to the character and degree of the offense and that he should have been sentenced as a youthful offender. Defendant also asserts that his counsel was ineffective regarding his sentencing hearing and that the circuit court abused its discretion in failing to allow for a 60-day diagnosis and classification evaluation by the Department of Corrections. Refuse 3-2 (Davis, C. J., Ketchum, J.)

6.  Fountain Place Cinema 8, LLC v. Christopher G. Morris, as State Commissioner of West Virginia - No. 100381. The State Tax Commissioner seeks a reversal of the circuit court’s order, which reversed the decision of the Office of Tax Appeals and remanded this case to the Office of Tax Appeals for an award of tax credit sought by respondent taxpayer. Taxpayer requested a tax credit under the Economic Opportunity Tax Credit Act as a business engaged in "destination-oriented recreation and tourism" pursuant to W.Va. Code §11-13Q-19(a)(5). The Tax Department denied the tax credit and the Office of Tax Appeals affirmed that decision. Grant  3- 2, (Ketchum, J., McHugh, J.)

7.  LaRue Causey, as administrator of the Estate of Bryan Paul Causey v. Richard Woodyard, the Parkersburg Drug and Violent Crimes Task Force, a multi-jurisdictional task force, William Shook, The Wood County Sheriff’s Department, William Minear, The Williamstown Police Department, a municipal corporation, Jeff Nohe, Doug Sturm, Charles Johnson, The Parkersburg Police Department, a municipal corporation, Rick Hall, the West Virginia State Police, an agency with the State of West Virginia - No. 100412. Plaintiff instituted this action seeking damages for breach of constitutional rights, false arrest, and wrongful death. The circuit court granted summary judgment in favor of all defendants. Plaintiff asserts that the circuit court’s findings of fact are unsupported by the evidence and that it erred in finding that defendants were entitled to qualified immunity on the false arrest, unlawful shooting, and wrongful death claims, as well as the failure to supervise and train claims. Plaintiff seeks a reversal and a remand for trial. Refuse  5- 0

8.  In Re the Marriage/Children of: Dawn Renee Palmer (now Lacy) v. Mickey Justice - No. 100415. Petitioner father appeals from the circuit court’s order affirming the decision of the family court denying his request for a modification of his parenting time. Petitioner seeks a reversal of the ruling that he had failed to meet the burden of proof necessary to warrant a modification and asks this Court to rule that he is to have unsupervised parenting time with his minor child. In the alternative, petitioner seeks a remand to the family court with directions for the entry of an order setting forth a parenting plan consistent with the United States and West Virginia Constitutions. Grant  5- 0

9.  State of West Virginia v. Allison Brooke Copeland - No. 100298. Allison Brooke Copeland appeals the circuit court’s two orders denying her motions for reconsideration of sentence. She previously pled guilty and was convicted of the felonies Grand Larceny, Robbery in the Second Degree, Abuse of an Elderly Person, and Conspiracy for which she was sentenced to 7 to 28 years in prison. Refuse  5- 0

10.  In Re: The Matter of Christy May B., an infant; Christopher S. M. v. Jennifer L. B. - No. 100342. Jennifer B. appeals the circuit court’s order affirming the family court’s Final Order Establishing Paternity. Accept to Motion Docket

11.  State of West Virginia v. Young - No. 100416. Tommy Young, Jr. appeals the circuit court’s order sentencing him to 1 to 5 years in prison for his conviction of Conspiracy to Commit Grand Larceny. Petitioner argues that he successfully completed the youthful offender program, and there was insufficient evidence that he was involved in criminal conduct upon his release from that program. He also asserts evidentiary error and excessive sentence. Refuse  5- 0

12.  Alex Energy, Inc., d/b/a Edwight Mining Company, a West Virginia corporation, Independence Coal Company, Inc., a West Virginia corporation, and Marfork Coal Company, Inc., a West Virginia corporation v. Antrim Laura Caskey, Glen Collins, James Gerard McGuiness, Rory McIlmoil, Michael Lee Roselle, and Chad Stevens, consolidated with, Goals Coal Company, a West Virginia corporation, and Alex Energy, Inc. d/b/a Edwight Mining Company, a West Virginia corporation v. Joseph Andrew Gorman, Cassandra Jo Rice, Andrew R. Munn, Nicole Ruth Motson and Matthew Solomon Louis-Rosenberg - No. 100426. Defendants file an interlocutory appeal of several orders including temporary restraining orders, a contempt order, and an order granting preliminary injunction. Accept to Motion Docket

13.  Charles Posey v. Board of Education of the County of Lewis - No. 100428. Petitioner Charles Posey appeals the circuit court’s order which affirmed the grievance board’s denial of his grievance. The grievance board concluded that the Respondent Lewis County Board of Education had legal grounds to terminate petitioner’s employment when he temporarily lost his certification to operate a school bus. Accept to Motion Docket

14.  Norma L. Burgess v. Sun Rise Atlantic, LLC - No. 100429. Sunrise Atlantic, LLC appeals the circuit court’s order granting summary judgment in favor of Norma L. Burgess and setting aside a tax sale deed. Refuse 3-2 (Benjamin, J., Workman, J.)

15.  State of West Virginia v. Daniel L. Hall - No. 100445. Daniel L. Hall appeals his sentence of 5 to 15 years in prison for his conviction of one count of Incest. He asserts that the court erred by denying his motion for a presentence sex offender evaluation. Refuse  5- 0

16.  State ex rel. Thomas Page [Paige] v. George Janice, Warden - No. 100446. Thomas Page appeals the circuit court’s order which summarily dismissed his petition for post-conviction habeas corpus. He asserts that his guilty plea to Delivery of a Controlled Substance was involuntary and the result of ineffective assistance of counsel. Grant  and Remand 3-2, (Workman, J., Ketchum, J.)

17.  The Estate of Lawrence Payne, Jr., By Selena Issacs, Administratrix v. Paynter Branch Surface Mine; Simmons Fork Mining, Inc; Mountaintop Clearing, LLC; MGC, Inc., and Riverton Coal Production, Inc. - No. 100456. In a wrongful death action, the Administratrix of the Estate of Lawrence Payne, Jr. appeals the circuit court’s summary judgment order in favor of Defendants Paynter Branch Mining, Inc., Simmons Fork Mining, Inc., and Riverton Coal Production, Inc. The Administratrix argues that there are outstanding genuine issues of material fact and the court erred in finding that these defendants met their duty to provide a reasonably safe workplace for contractors. Refuse  5- 0

18.  Sharon A. Marchio, Executrix of the Estate of Pauline Virginia Willett v. Clarksburg Nursing Rehabilitation Center, Inc., a West Virginia Corporation d/b/a Clarksburg Continuous Care Center, Sheila K. Clark, Executive Director of Clarksburg Nursing & Rehabilitation Center, Inc. d/b/a Clarksburg Continuous Care Center, John/Jane Doe # 1, and Jennifer McWhorter- No. 100466. The circuit court certifies the following question:

Is West Virginia Code § 16-5C-15(c), which provides in pertinent part that "[a]ny waiver by a resident of his or her representative of the right to commence an action under this section, whether oral or in writing, shall be null and void as contrary to public policy," preempted by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., when a nursing home resident’s representative has executed an arbitration agreement as part of the nursing home’s admission documents and the arbitration agreement contains the following terms and conditions:

19.  State of West Virginia v. Kilton Lee Kitchen - No. 100482. Kilton Lee Kitchen appeals his conviction for Murder in the First Degree with a recommendation of mercy and Conspiracy to Commit Murder. He asserts insufficiency of the evidence and error in denying a jury view. Accept to Motion Docket

20.  State of West Virginia v. Chadwick Lancaster - No. 100484. Chadwick Lancaster appeals his conviction for two counts of Forgery, three counts of Uttering, and one count of Fraudulent Scheme. He asserts that the circuit court erroneously excluded certain evidence and cross-examination, erroneously restricted discovery, and cumulative error. Defer for response

21.  State of West Virginia v. Jeremy Light - No. 100489. Petitioner Jeremy Light appeals from his sentence following a guilty plea in the Kanawha County Circuit Court. As a result of his guilty plea, Mr. Light is serving a two (2) to ten (10) year sentence consecutive to a one (1) to ten (10) year sentence in the West Virginia Penitentiary. Refuse  5- 0

22.  Amos Martin and Tammy Martin v. Bassam Haffar, M.D. - No. 100490. Amos Martin and Tammy Martin appeal from the Kanawha County Circuit Court’s denial of their Motion for a New Trial under Rule 59 of the West Virginia Rules of Civil Procedure, after an adverse verdict in their medical malpractice action. On December 21, 2009, a jury returned a verdict for the defendant and found that Dr. Bassam Haffar had not deviated from the applicable standard of care. Refuse  5- 0

23.  State of West Virginia v. Sherry Peyton - No. 100503. Petitioner Sherry Peyton seeks to have her sentence reduced after pleading guilty to charges of Fraudulent Claims to an Insurance Company, Forgery, Uttering and Fraudulent Use of an Access Device. She requests to have her sentence modified, shortened or set aside for alternative sentence or probation. Refuse  5- 0

24.  State of West Virginia v. Melissa Ann Spencer - No. 100504. Petitioner Melissa Ann Spencer appeals from a guilty plea to second degree Robbery in the Kanawha County Circuit Court. On appeal, Ms. Spencer asserts that the lower court erred by not ordering a psychiatric evaluation to determine mental capacity. Refuse  5- 0

25.  State of West Virginia v. Scotty E. Boothe - No. 100514. Petitioner Scotty E. Boothe appeals his convictions of First Degree Sexual Assault, First Degree Sexual Abuse, and First Degree Sexual Abuse. As a result of his convictions, petitioner was sentenced to not less than 35 nor more than 150 years in the penitentiary. On appeal, petitioner alleges that the evidence was not sufficient to sustain a conviction and that the lower court failed to ensure that the victim’s testimony was deemed competent and credible.Defer for response

26.  Marlon Ferguson v. G&S Holdings, LLC d/b/a Banana Joe’s Island Party, Charleston Entertainment, LLC, and John Doe - No. 100518. Charleston Entertainment, L. L. C. appeals from a August 9, 2006, Kanawha County Circuit Court default judgment in the amount of $1,590,696.20. On December 22, 2009, the lower court denied the petitioner’s Motion for Relief from Judgment pursuant to West Virginia Rule of Civil Procedure 55(c) and 60(b)(4). Accept to Motion Docket

27.  State of West Virginia v. David Wayne Kaufman - No. 100484. David Wayne Kaufman appeals his conviction for First Degree Murder without a recommendation of mercy. He argues that the court erroneously admitted evidence in violation of his right of confrontation and in violation of the hearsay rules, and that there was insufficient evidence to convict.

 
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