June 30, 2004

1.   State of West Virginia v. Myra Lee Angell and State ex rel. Michael T. Clifford v. Myra Lee Angell and The Honorable Irene Berger - No. 040972. The State and county prosecutor file a combined petition for appeal and petition for a writ of prohibition addressing the dismissal of a criminal indictment and the disqualification of an assistant prosecuting attorney.

Grant  4-0
[Davis, J. Disqualified]

2.  Samuel J. Swiger and Brenda Frazier Swiger, individually, and as next friend of Joseph Shawn Swiger, an infant, and all individually as representatives of a class of other similarly situated individuals v. UGI/Amerigas, Inc., d/b/a Amerigas, Inc. and James Walters - No. 041052. Defendants appeal from the circuit court’s amended order of certification of questions to this Court concerning exemptions in the State Fire Code. 

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

3.  Kanawha Eagle Cole, LLC v. Tax Commissioner of the State of WV - No. 040947. Petitioner appeals the circuit court’s order affirming the administrative decision that for severance tax purposes, freight charges paid to transport coal from a preparation plant to a remote river dock are included in the gross value of the coal in the immediate vicinity where produced.

Grant  5-0

4.  James A. Calvert, Jr., et al. v. William Scharf and Bowles, Rice, McDavid, Graff & Love - No. 041059. The circuit court certifies nine questions in a case where beneficiaries of an estate have filed a legal malpractice suit against the lawyer and law firm who drafted the will of their decedent.

Grant  5-0

5.  James A. Calvert, Jr., et al. v. William Scharf and Bowles, Rice, McDavid, Graff & Love - No. 041060. The circuit court certifies nine questions in a case where beneficiaries of an estate have filed a legal malpractice suit against the lawyer and law firm who drafted the will of their decedent.

Grant  5-0

6.  James A. Calvert, Jr., et al. v. William Scharf and Bowles, Rice, McDavid, Graff & Love - No. 041061. The circuit court certifies nine questions in a case where beneficiaries of an estate have filed a legal malpractice suit against the lawyer and law firm who drafted the will of their decedent.

Grant  5-0

7.  Sharon Kay Marcus v. Roger A. Holley/Winans Sanitary Supply - No. 040985. Petitioner appeals from the circuit court’s order granting summary judgment in a case stemming from a motor vehicle collision.

Accept To Motion Docket

8.  State of West Virginia v. Dave Thomas Horn , No. 040988. Petitioner appeals from the circuit court’s conviction of defendant for second degree murder. It is alleged that the evidence did not support a finding of malice as is required for a murder conviction.

Refuse 3-2
[ Starcher, J., Albright, J. ]

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