Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, June 7, 2005 

1.  State of W. Va. v. James Spencer - 042456 - Defendant appeals from his misdemeanor conviction for obstructing an officer. He seeks a reversal of his conviction alleging a violation of the 3-term rule. - Refuse 3 - 2 ,  Starcher & Benjamin.

2.  Weirton Heights Volunteer Fire Dept., Inc., et al. v. State Fire Commissioner -  050289 - Petitioners appeal from the circuit court's order affirming the decision of the State Fire Commission, which withdrew recognition of petitioners as a fire departments in the State of West Virginia. - Grant  5 - 0.

3.  State of W. Va. v. Phillip C. Dean Jr. - 050295 - Petitioner appeals the circuit court's finding that his battery offense was "sexually motivated" under W.Va. Code § 15-12-2(c), requiring petitioner to register as a sex offender. - Refuse 3 - 2 ,  Albright & Starcher.

4.  In Re: Megan B., Ambert G. B., William Z.Q.B., & Sheehan B. (Sheriff Charles B. Kimble) -  050367 - Charles Kimble appeals the circuit court's order holding him in contempt. The court found that as Sheriff of Grant County, Kimble failed to discharge his statutorily required duties to serve an "Order Ratifying Emergency Custody" regarding removal of children from their home pursuant to an abuse and neglect case. - Grant 4 - 1 , Starcher.

5.  SER Larry Junior Jenkins v. Thomas McBride, Warden -  050276 - Petitioner appeals from the circuit court's order denying his petition for a writ of habeas corpus. - Refuse 3 - 2 ,  Albright & Starcher.

6. Thomas J. Aluise and Jacqueline B. Aluise v. Nationwide Mutual Fire Insurance Co. - 050536 - This is an appeal from the Circuit Court's order granting summary judgment to the defendant, Nationwide. The Court also denied motions by the petitioner for partial summary judgment on the issue of breach of contract. Petitioners also seek review and reversal with respect to the Court's adoption of the Discovery Commissioner's recommendations in that the plaintiffs were not permitted to make a record at the Discovery Commissioner hearing, or on their objections to the recommendations. - Grant 3 - 2, Maynard & Benjamin.

7.  Thomas J. Aluise and Jacqueline B. Aluise v. Nationwide Mutual Fire Insurance Co., et al. - 050535 - This is an appeal from the Circuit Court's order granting summary judgment to the defendant, Nationwide. Petitioners argue that the circuit court was wrong to deny their motions for partial summary judgment and claims for first party unfair claim settlement practices and third party unfair claim settlement practices. - Grant 3 - 2, Maynard & Benjamin.

8.  State of W. Va. v. Brian W. Strobridge - 050600 - Petitioner appeals his convictions for three counts of DUI causing death, two counts of DUI causing injury, one count of reckless driving, one count of driving left of center, and one count of failing to drive within a single lane. - Refuse 4 - 1,  Starcher. 

9.  Gloria Banks, individually, and on behalf of all others similarly situated v. City National Bank of West Virginia & Paul White Chevrolet, Inc. - 050223 - Petitioner appeals a final judgment from the Kanawha County Circuit Court granting summary judgment. The issue arose from a botched title examination which resulted in petitioner's home being sold at a creditor's suit. Petitioner filed suit under the Consumer Credit and Protection Act. - Grant  5 - 0.

10.  State of W. Va. v. Richard Murray - 050521 - Petitioner files a direct appeal from the circuit court's order denying his Motion for New Trial following his conviction of Driving Under the Influence of Alcohol, second offense and Driving Under the Influence of Alcohol, third offense. Petitioner was sentenced to 12 months for Count II of the indictment and one to three (1-3) years for Count I, with the sentences to run consecutive. - Refuse  5 - 0.

11.  Clark Barrows, et al. v. Highlanders Alloys, LLC, Leighton Wolf & Boris Bannal - 050677 - Defendant Highlers Alloys, LLC, appeals the circuit court's order denying a motion to set aside default judgment. - Withdrawn.

12.  In the Interest of Andrew S. - 050571 - The juvenile defendant appeals from the circuit court's order transferring his case to adult jurisdiction. - Refuse 3 - 2 ,  Albright & Starcher.

13.  Christine McConaha, Admx. of the Estate of James Vinton and Mabel Florence Slater v. Ethel Isabelle Rust, et al. - 050695 - This case arose as a suit seeking partition in kind, or by sale, of property interests passed by intestate succession to the heirs of James Vinton Slater. Petitioner files a direct appeal from the circuit court's order holding that one of the seven heirs owned five-sevenths of the undivided property, subject to the exclusion of a five-sevenths interest in two acres for another of the heirs. The Court held that three of the heirs transferred their interested and two agreed to divide portions. The land was partitioned in kind. - Grant  5 - 0.

14.  Anna J. Duncan Stuck v. William Jack Stuck - 050762 - Husband in a divorce case appeals the family court's finding, affirmed by the circuit court, that the home he owned before the marriage is now subject to equitable distribution of 50% each. - Grant 3 - 2 ,  Albright & Davis.

Home | Opinions | Site Map | Law Library | Rules Staff | Site Search | Terms of Use