Tuesday, June 6, 2000

1.  State of W. Va. v. Evan LaMarr Sears - 993475 - Defendant appeals from the circuit court's denial of his petition for a writ of habeas corpus. - Granted 3-2, Maynard & Davis.  Plea agreement issue only. 

2.   Tim Hafer v. Robert Skinner, Esq., Howard & Margaret Collins, Cyrus Grubb, and         Ronald Collins - 000032 - The petitioner, Timothy Hafer, appeals from an order entered in the Circuit Court of Berkeley County granting summary judgment in favor of respondent Robert Skinner ( successor trustee ) and dismissing the petitioner's action. In the action, the petitioner sought to set aside the successor trustee's foreclosure sale of a house in Martinsburg, West Virginia. The petitioner contends that the foreclosure sale was procedurally defective and that the price obtained at the sale was unconscionably low. - Granted 3-2, Maynard &  Starcher.

3.    Appalachian Power Co. v. WV HRC and Antonio Matthews - 993321 - Petitioner, Appalachian Power Company ("APCO"), appeals from the circuit court's order, which upheld a final order of respondent, the West Virginia Human Rights Commission ("Commission"), which adopted the final decision of the Administrative Law Judge ("ALJ"), who held that APCO retaliated against the complainant, Antonio Matthews, for engaging in a protected activity. APCO asks this Court to overturn the decision of the Commission and review the ALJ's order without giving any deference to the administrative agency. Alternatively, APCO asks that this Court remand the case to the Commission with directions that it reconsider the record and entertain meaningful oral argument from the parties so as to cure previous due process violations. - Granted 3-2,  Starcher & McGraw.

4.   In Re: Greg H. - 992560 - Defendant appeals from the circuit court's order revoking an improvement period awarded to the juvenile defendant by the juvenile referee and finding that the juvenile referee had no authority to grant the improvement period. -  Granted 4-1, Maynard.

5.  State of W. Va. v. Allah Jamaal Wallace - 992989 - Defendant appeals from his conviction for battery of a police officer for which he was committed to The Industrial Home for Youth at Salem for a period of one year. -   Granted  5- 0, Clothing issue only.

6.  State of W. Va. v. James Allen Baylor - 993396 - The petitioner, James Allen Baylor, appeals from his conviction of malicious assault returned by a jury in the Circuit Court of Preston County. The petitioner contends that the evidence was insufficient to support the verdict and that the Circuit Court erred in admitting the medical records of the alleged victim, absent any medical witness.  -  Granted  5 - 0, Medical records issue only. 

7.  State of W. Va. v. Bromley Lockhart - 993457 - Defendant appeals from the circuit court's denial of his petition for a writ of habeas corpus. - Refused 5- 0 

8.  Helen Jean Honaker v. J. N. Liller, Warden - 993124 - Petitioner, pro se, seeks a writ of habeas corpus alleging that although the circuit court refused to include the lesser offenses, in the co-defendant's trial, the jury was allowed to consider 1st and 2nd degree murder and voluntary and involuntary manslaughter. Petitioner also seeks a rehearing of a 9/10/99 Reconsideration Hearing before Judge Charles McCarty to allow her counsel access to her medical records including a psychological report. -  Granted  5 - 0, Return Below.

9.  State of W. Va. v. Jimmy Trent* - 993450 - Defendant appeals convictions of two counts of wanton endangerment and one misdemeanor count of fleeing a police officer. - Rescheduled to Sept. 6, 2000. 

10.  Water Board of the City of Logan and the City of Logan v. PSC of West Virginia - 000597 -  No summary available. - Refused 3-2, Maynard & Starcher.

11.  State of W. Va. v. Billy Alden Terry - 000064 - Defendant appeals from his conviction for felony murder. He received a life sentence without the possibility of parole. Defendant seeks judgment of acquittal or, in the alternative, that his conviction be reversed and that he be awarded a new trial. - Refused 3-2, Starcher & Scott.

12.  Colonial Insurance Company v. John Douglas Watkins and Floyd Barrett - 000076 - Defendant appeals from the circuit court's order finding that Colonial Insurance Company had no duty to indemnify or provide coverage for claims arising out of an automobile accident in this declaratory judgment action. - Granted 3-2, Maynard & Scott.

13.  State of W. Va. v. Gordon Harper  - 000202 -  Defendant appeals from his conviction on 1 count of 3rd degree sexual assault for which he was sentenced to not less than 1 year nor more than 5 years, and 1 count of incest for which he was sentenced to not less than 5 nor more than 15 years, those sentences to run concurrently. - Refused 3-2, Davis & Starcher.

14.  State of W. Va. v. Anthony Albright - 993461 - Albright appeals his conviction on one count of Unaggravated Robbery, claiming that the circuit court erred in fialing to suppress his statement made after he requested counsel and in denying his motion for acquittal. - Granted 5- 0.

15.  State of W. Va. v. Robert Adams - 993395 -  The petitioner, Robert Adams, appeals from the final order of the Circuit Court of Logan County sentencing him to two terms of life imprisonment without mercy for the first degree murders of Charisse Corbett and Lafayette Lipscomb. In addition, the petitioner was sentenced to 1 to 5 years for conspiracy to commit the aggravated robbery of Mr. Lipscomb. - Refused 3-2, Starcher & Scott.