Tuesday, June 5, 2001

1. Claude Ray Morris v. George Trent, Warden- 010121 - The petitioner, Claude Ray Morris, appeals from an order entered in the Circuit Court of Mingo County denying him relief in habeas corpus. In the underlying proceeding, the petitioner was convicted of two counts of first degree murder (without mercy), one count of unlawful wounding and one count of assault. His direct appeal to this Court was refused in 1997. The petitioner contends, inter alia, that the habeas court erred in upholding the trial court's finding that the petitioner was competent to stand trial. Granted  4- 0, Maynard disqualified. 

2.  Marie Carr v. Board of Education of the County of  Monroe - 010331 - Petitioner appeals from the circuit court's order affirming the decision of the West Virginia Education and State Employee's Grievance Board, which denied petitioner's grievance that respondent had failed to award her a bus operator's vacancy.  - Refused 5- 0.


3.  State of W. Va. v. Ray Lewis Dilliner  - 010271 - The petitioner, Ray L. Dilliner, challenges his jury conviction in the Circuit Court of Wood County of third offense driving under the influence of alcohol, a felony. The petitioner contends, inter alia, that the jury verdict was inconsistent with the answers the jury gave to the Circuit Court's special interrogatories. - Continued to September 5, 2001. 

4.  State of W. Va. v. Lance Anthony Tyler  - 010308 - Defendant appeals his 30-year sentence upon his guilty plea to one count of aggravated robbery with the use of a firearm asserting that such sentence is unconstitutional. Granted  3- 2, Davis & Maynard. 

5. Jackie Scites and Shauna McCoy v. Dennie Cyfers and Naomi Cyfers - 010507 - The petitioners, Dennie and Naomi Cyfers, appeal from orders entered in the Circuit Court of Wayne County holding that the respondents, Jackie Scites and Shauna McCoy, were entitled to a right of way across the petitioners' property. The petitioners contend, inter alia, that the Circuit Court committed error in concluding that a portion of the right of way was public in nature and that the parties themselves could be required to pay the costs of its maintenance. - Granted 5- 0.

6. Herbert Dale Stover v. Morris Milam - 010421 - Plaintiff appeals from the circuit court's order granting, in part, his Rule 59(e) and Rule 60(b) motions in this action involving a semi-public right-of-way. -  Granted  3- 2, Davis & Maynard. 

7. Herbert Dale Stover v. Morris Milam - 010261 - Defendant appeals from the circuit court's order granting, in part, plaintiff's motions under Rules 59 and 60 of the West Virginia Rules of Civil Procedure in this action over a disputed right-of-way. -  Granted  3- 2, Davis & Maynard. 

8. Erma Dale Davis, Adm’x of the Estate of Kraig Eli Davis, et al. v. C. M. Enterprises of Kanawha City, Inc., dba RBG’s, etc. - 010269 - Intervening plaintiffs appeal from the circuit court award of summary judgement in favor of the insurance carrier in this declaratory judgement action relating to potential for insurance coverage. - Granted 5- 0.

9.  Hon. Johnny Linville, Mayor, and Johnny Maynard, Chief of Police v. M. Timothy Crum, et al., Town Council Members, et al. - 010538 - Plaintiffs appeal the circuit court's order refusing to apply the West Virginia Wage Payment and Collection Act to municipalities so as to award them liquidated damages and attorney's fees. They also appeal the circuit court's denial of their requests for declaratory and injunctive relief.  -  Refused  3- 2, Davis & McGraw. 

10.  Sue Martin Politino v. Azzon, Inc., John P. See and Brenda See- 010467 - Petitioners seek to appeal summary judgment in favor of respondent for breach of contract and subrogation rights relating to a payment made to a bank to regain heavy equipment seized by the bank as collateral for delinquent debt of petitioner. Petitioners also seek to overturn summary judgment on counterclaims against respondent. - Granted  3- 2, Davis & Maynard.