Requests for Oral Presentation
and
Petitions for Appeal
June 3, 1999
1. Charles E. Hill v. Gary Lee Blevins,
No. 990703. Plaintiff appeals entry of summary judgment for the defendant in a
negligence action.
Grant 4-1
[Davis, J.]
2. L. C. White, Admin. v. Chester James Doles, No.
990704. Plaintiff appeals lower court order correcting judgment and finding that the
judgment order against James Rodger House, individually, is void and serves no current
equitable purposes.
Refuse 4-1
[McGraw, J.]
3. State of West Virginia v. Ronald L. Calloway, No.
990722. Defendant appeals convictions for second degree sexual assault and burglary. He
was sentenced to 10 to 25 on each of the 6 sexual assault counts with the sentences to run
concurrently. He was sentenced to 1 to 10 on the burglary to run consecutively.
Grant 5-0
4. State of West Virginia v. Robert Owen
Kidd, No. 990723. Defendant appeals convictions of two counts of first degree
sexual assault, three counts of first degree sexual abuse and one count of sexual abuse by
a parent, guardian or custodian. The defendant was sentenced to 15 to 35 years on each of
the sexual assault charges, 1 to 5 years on each of the sexual abuse charges and 5 to 15
years on the sexual abuse by a custodian charges. The sentences are to run consecutively.
Refuse 3-2
[Starcher, C.J., McGraw, J.]
5. State of West Virginia v. Brian Merchant,
No. 990724. Defendant appeals convictions of entering without breaking in the daytime,
grand larceny and conspiracy to commit the offenses. He was sentenced to two 1 to 10 year
terms and one 1 to 5 year term to run consecutively.
Refuse 5-0
6. State of West Virginia v. Lowell
E. Paynter., No. 990853. Defendant appeals conviction for second degree murder. He
was sentenced to a definite term of 35 years.
Grant 4-1
[Maynard, J.]
7. Jeane H. Kennedy v. Ravenswood Aluminum, No.
9900911. Defendants appeal from a jury verdict and post-trial motions in a gender
discrimination case under the West Virginia Human Rights Act seeking either a reversal or
a new trial and, in the alternative, remittitur.
Held In Abeyance Until Issue Of Availability Of Punitive Damages In Human Rights Act Cases
Is Resolved In Natalie Haynes v. Rhone- Poulenc, Inc., No. 25366.
3-2
[Starcher, C.J., McGraw, J., Would Refuse]
8. State of West Virginia v. David Lee Hurt, No. 990929.
Defendant appeals his conviction for first degree murder with a recommendation of mercy.
Refuse 4-1
[Starcher, C.J.]
9. Klos Tower, Inc. v. City of Wheeling, No. 990914.
Plaintiff appeals the award of summary judgment granted in favor of defendant city.
Refuse 5-0
10. State of West Virginia v. Michael Baldwin, No.
990749. Defendant appeals his conviction for unlawful wounding.
Refuse 3-2
[Starcher, C.J., McGraw, J.]
11. Margaret Anderson v. Tara C., Infant,
No. 990898. Petitioner appeals the circuit court's order dismissing the West Virginia
Department of Health and Human Resources neglect and abuse case and awarding custody of
Tara C., infant, to the Respondent father.
Accept
12. Gerald L. Reed v. John L. Bord, No. 990935.
Plaintiff appeals from a summary judgment awarded in favor of defendant.
Grant 4-1
[Maynard, J.]
13. Shirley Ann Trump v. Long-Airdox Co.,
No. 990936. Plaintiff appeals the circuit court's order granting summary judgment in favor
of defendant Fola Coal Company.
Grant 4-1
[Maynard, J.]
14. Oak Casualty Ins. Co. v. Constance Lechliter, No.
990938. Petitioners appeal from the circuit court's order releasing the insured from any
further liability after the exhaustion of her insurance policy limits.
Grant 5-0
15. State of West Virginia v. Michael Hicks,
No. 990947. Defendant appeals his conviction of first degree murder without mercy.
Accept
16. Danny R. Goodman v. Abishi C.
Cunningham, No. 990952. The petitioner, Danny R. Goodman, appeals from an order
entered in the Circuit Court of McDowell County dismissing his civil complaint for
compensatory and punitive damages filed against his former attorney. Inasmuch as the
attorney represented the petitioner in a criminal matter, the civil complaint was
dismissed without prejudice, in order to allow the petitioner an opportunity to seek
post-conviction habeas corpus relief.
Refuse 5-0
17. P. Lee Clay v. Selina Rose Clay,
No. 990954. The petitioner, P. Lee Clay, appeals from orders entered in the Circuit Court
of Marion County awarding custody of the parties' children to the respondent following a
divorce and, in addition, awarding the respondent certain arrearages in child support and
alimony.
Grant 5-0
18. Wilda McCloud v. Salt Rock Water PSD,
No. 990958 . The petitioner, Wilda McCloud, appeals from a directed verdict
granted by the Circuit Court of Cabell County at the close of her case-in-chief. The
petitioner sought recovery for damages to her property resulting from a landslide
allegedly caused by the respondents' negligence.
Grant 5-0
19. Heather M. Patsy v. Brenda Anselene,
Magistrate, No. 990986. The petitioner, Heather M. Patsy, appeals from an order
entered in the Circuit Court of Harrison County denying relief in prohibition and
mandamus. Contending that her right to a speedy trial was violated, the petitioner sought
to terminate a criminal prosecution pending in magistrate court.
Refuse 4-1
[Starcher, C.J.]
20. Greg Moodispaugh v. Warren Davis,
Magistrate, No. 990987. The petitioner, Greg Moodispaugh, appeals from an order
entered in the Circuit Court of Harrison County denying relief in prohibition and
mandamus. Contending that his right to a speedy trial was violated, the petitioner sought
to terminate a criminal prosecution pending in magistrate court.
Refuse 5-0
21. Robert B. Orders v. WV Division of
Motor Vehicles, No. 991007. The petitioner, Robert B. Orders, Jr., appeals from an
order entered in the Circuit Court of Kanawha County which affirmed the revocation of the
petitioner's drivers license for DUI. One of the issues raised is whether the petitioner
was entitled to a hearing in the Circuit Court upon his appeal from the DMV.
Refuse 4-1
[McGraw, J.]
22. State of West Virginia v. John Shabazz,
No. 991024. The petitioner, John Shabazz, appeals from an order of the Circuit Court of
Marion County denying his appeal from magistrate court. The petitioner was convicted in
magistrate court of the misdemeanor battery of a correctional officer.
Grant 3-2
[Maynard, J., Davis, J.]
23. Jimmy Ray Sams v. Ocea Lou Goff, No. 991038. The
petitioner, Ocea Lou Goff, appeals from a final order of the Circuit Court of Wood County
directing her to accept the purchase price and deliver a deed to the respondents with
regard to a parcel of real estate in the City of Vienna, West Virginia. The petitioner
contends that the respondents purchasers had no right to prepay the balance due.
Grant 3-2
[Starcher, C.J., Davis, J.]