Supreme Court of Appeals of West Virginia

  Argument Docket  
                 Wednesday, June 5, 2002

1.  Lexington Land Company, LLC v. Robert P. Howell, Deputy Comm’r  - 30119  - The petitioner, Robert P. Howell, Deputy Commissioner of Delinquent and Nonentered Lands, appeals from an order entered in the Circuit Court of Kanawha County holding that the respondent, Lexington Land Company, is entitled to a refund, and the setting aside of deeds, with regard to nine parcels of property Lexington purchased from the petitioner at a delinquent tax sale. The Circuit Court concluded that respondent Lexington was entitled to such relief because it had complied with the provisions of W.Va. Code, 11A-3-53 [1994], concerning refunds to purchasers where the property is erroneously assessed or is otherwise nonexistent. The petitioner contends, inter alia, that the Circuit Court committed error in so holding because the Circuit Court failed to take any evidence and failed to make appropriate findings. -  To be presented on briefs only without oral argument.

2.  State of W. Va. v. William Braham  - 30247 - Petitioner who was convicted of the felony offense of fraudulent schemes seeks to appeal his conviction challenging the constitutionality of the underlying criminal statute and for several rulings related to the trial.

3.  State of W. Va. v. Bryan McClead  - 30245 - Petitioner seeks reversal of his conviction of third offense DUI and driving on suspended for DUI second offense on the ground that he was denied the right to consult with his attorney before taking a secondary chemical blood test.

4.  State of W. Va. v. Edwin Mack Taylor  - 30253 - The petitioner, Edwin Mack Taylor, challenges his conviction in the Circuit Court of Grant County of the grand larceny of a 1991 GMC Suburban Van. In addition, the petitioner challenges the subsequent recidivist proceeding filed against him which resulted in the imposition by the Circuit Court of an enhanced penitentiary sentence. The petitioner raises a number of assignments of error.

5.  Carol Gallant, et al. v. County Commission of Jefferson County  - 30316 - Petitioners appeal from the circuit court's order that dissolved a temporary injunction, which had previously issued prohibiting the demolition of the Jefferson County Jail, and dismissed petitioners' case, with prejudice. - Continued to October 9, 2002.

6.  Christine B. Phares v. Charles J. Brooks, et al.  - 30318 - Auto accident plaintiff seeks to appeal judgment based on jury verdict finding each party 50% negligent.

7.  Matthew Aaron Kerner v. Affordable Living, Inc., etc.  - 30358 - The petitioner, The Home Show Buckhannon, Inc., appeals from an order entered in the Circuit Court of Upshur County denying the petitioner's motion for relief under Rule 60(b) from an earlier order directing the enforcement of a $17,500 judgment against the petitioner and in favor of the respondent, Matthew Aaron Kerner. The petitioner contends that the judgment was originally rendered against the respondent's former employer, Affordable Living, Inc., and that the petitioner is a corporation separate from, and not a continuation of, Affordable Living, Inc. 

8. (*) SER Willis Ray Stollings v. William S. Haines, Warden, et al.  - 30442 - The petitioner, Willis Ray Stollings, has filed an original petition for a writ of habeas corpus with this Court challenging his denial of parole by the respondent West Virginia Parole Board. The petitioner was convicted in the Circuit Court of Logan County in 1987 of first degree murder, with a recommendation of mercy. The conviction arose from the shooting death of the petitioner's girlfriend. The petitioner contends, inter alia, that, in emphasizing his past criminal conduct rather than his progress while incarcerated, the respondent Parole Board abused its discretion and acted in an arbitrary and capricious manner in denying him parole.

(*) This case will be heard at 10:00 a.m.
Justice Maynard disqualified
Judge Charles E. King, Jr., sitting by temporary assignment

Wednesday, May 29, 2002