Tuesday, June 4, 2002

1.  Andrew Mugnano v. Howard Painter, Warden -  012369 - Life Without Mercy - Petitioner appeals from the circuit court's summary denial of his pro se petition for a writ of habeas corpus where the circuit court did not appoint counsel to petitioner. Petitioner was appointed counsel for the purpose of this appeal and seeks to have this matter remanded to develop a record on his claim that he was denied effective assistance of counsel at sentencing. -  Grant 3 - 2 ,  Maynard & McGraw. 

2.  Charles N. Slack & Doris A. Slack, his wife v. Garland A. Wilson & Judith Wilson, his wife -  012591 - The petitioners, Charles N. Slack and Doris A. Slack, appeal from an order entered in the Circuit Court of Kanawha County holding that they were not entitled to an easement of any kind through the property of the respondents, Garland E. Wilson and Judith J. Wilson. The dispute arose when the petitioners sought to place mobile homes upon their adjoining tract. The petitioners contend, inter alia, that the Circuit Court committed error because the petitioners had an express or, at least, an implied easement through the respondents' property.   - Refuse 3 - 2, Starcher, Albright.

3.  Reginald Gray, Patricia Gray & Aaron Gray v. Kimberly Hughes - 012583 - Petitioner mother appeals from the circuit court's order affirming a family law master's recommended decision awarding custody of petitioner's minor children to their paternal grandparents, Reginald and Patricia Gray. Grant 5 - 0. 

4.  Gerald L. Chafin; Elmer Ray Spence; Earl Spence; and James Earl Spence v. W. R. Gibson, individually, etc. -  020204 - The petitioners, Gerald L. Chafin, et al., appeal from a summary judgment entered in the Circuit Court of Mingo County in favor of the respondent, W. R. Gibson. The petitioners alleged, inter alia, in their complaint that the respondent defamed them when he named them as "suspects" in a hit-and-run investigation. Among the issues raised by the petitioners before this Court is their claim that the respondent defamed them, since the respondent had no factual basis to maintain that the petitioners were suspects in the case.  Grant 3 - 0, Maynard & McGraw disqualified. 

5.  In Re: Harold Donovan T. -  020041 - Defendant appeals from the circuit court's order transferring him to the adult jurisdiction of the Kanawha County Circuit Court.  - Refuse 3 - 2, Starcher, Albright.

6.  State of W. Va. v. Robert Lindsey, Jr. - 020158 - Life With Mercy - The petitioner, Robert Lindsey, Jr., appeals from an order entered in the Circuit Court of Cabell County sentencing him to life imprisonment pursuant to the West Virginia recidivist statute. The petitioner's respective convictions allegedly included delivery of less than 1 gram of cocaine, voluntary manslaughter, second degree murder and aggravated robbery. The petitioner contends, inter alia, that the triggering offense (the delivery of less than 1 gram of cocaine) did not warrant the imposition of a life sentence and that, accordingly, the recidivist statute was unconstitutionally applied in this case.
 - Refuse 3 - 2, Starcher, Albright.

7.  Charles William Hewitt, Ph.D. v. SER WV Department of Health & Human Resources -  020781 - No summary available. - Grant 4 - 1, McGraw. 

8.  State of W. Va. v. Robert Wise -  020238 - Defendant appeals from his convictions on incest, third degree sexual assault, and sexual abuse by a parent. He was sentenced to 5 to 15 years for the incest and 1 to 5 years on the third degree sexual assault, those sentences to run concurrently with each other and consecutively to the 10 to 20 year sentence on the sexual assault by a parent. Defendant raises various evidentiary errors. - Refuse 3 - 2, Starcher, Albright.

9.  Lincoln L. Beatty v. Ford Motor Company - 020264 - In this action, concerning a single vehicle accident, the petitioner and plaintiff below, Lincoln Beatty, appeals from a summary judgment entered in the Circuit Court of Monongalia County in favor of the respondent and defendant below, Ford Motor Company. The petitioner contends that the Circuit Court committed error in concluding that the petitioner failed to make a sufficient showing upon his theories of strict liability and res ipsa loquitur.   -  Grant 3 - 2 , Davis & Maynard. 

10.  Ann Tierney Smith, Exex, Ann Barclay Smith & Laurence E. Tierney Smith* v. FCFT, Inc., First Community Bank, Inc., Gentry Locke Rakes & Moore, and W. William Gust -  020260 - Plaintiffs appeal from the circuit court's order denying their motion for summary judgment and finding that the invasion of the corpus of a marital trust was authorized by the Will creating the Trust. Plaintiffs also appeal from the circuit court's directed verdicts in favor of defendants on plaintiffs' claims for breach of fiduciary duty and fraud. -  Grant 3 - 2, Starcher, Albright.

11.  Ann Tierney Smith, Exex, Ann Barclay Smith & Laurence E. Tierney Smith v. FCFT, Inc., First Community Bank, Inc., Gentry Locke Rakes & Moore, and W. William Gust -   020217 - Defendants appeal from the circuit court's order dismissing their claim for legal fees and costs in relation to defending against the plaintiffs' claim of fraud. - Grant 4 - 1, Albright.