. State of WV v. Guy Fox, No. 000561. Defendant appeals from the circuit court’s order affirming his magistrate court conviction for the misdemeanor offenses of obstructing a police officer, assaulting a police officer, failing to stop for an emergency vehicle and for operating a motor vehicle without a valid operator’s license. The circuit court also affirmed defendant’s sentence of 4 months incarceration in the county jail on each of the offenses, said sentences to run consecutively.

2. Donald Maclay v. Ronald C. Jones, a WV State Trooper, No. 27776. Defendant certifies the following questions to this Court for review.

3. Donald Kanagy v. Fiesta Salons, Inc., No. 27775. This is an Order of Certification from the United States District Court for the Southern District of West Virginia pursuant to the West Virginia Uniform Certification of Questions of Law Act, W.Va. Code §§ 51-1A-1 et seq., as amended.

4. State of WV v. Jeremy Propst, No. 000566. Defendant appeals from his felony conviction for fleeing from an officer causing injury. He received a sentence of 1 to 5 years in the State Penitentiary.

5. Candace Norman v. Health Management Associates of WV, No. 000567. Defendant doctor appeals from the jury’s verdict in this medical negligence action for the wrongful death of an infant resulting in a jury award of $500,000.

6. State of WV v. Paul Schybal, No. 000568. Defendant seeks a reversal of the circuit court’s order revoking his probation and requests that his probation be reinstated.

7. Mark Stricklin v. Kenneth Meadows, No. 000573. Plaintiffs appeal from the circuit court’s order awarding summary judgment in favor of defendants and disallowing an easement and right-of-way in this real property dispute.

 

8. Christopher Taylor v. Barbara D. Hoffman, No. 27777. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendant, Barbara Hoffman, in plaintiff’s action to establish paternity and share in the intestate Estate of Barry Hoffman, deceased.

 

9. SER Rodney E. Mullins v. Howard H. Painter, Warden, No. 000584. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus after the circuit court previously held that petitioner had established probable cause for the issuance of such writ and respondent presented no evidence at the show cause hearing as to why such writ should not be granted.

 

10. Gateway Communications, Inc. v. John L. Hess, No. 27778. Plaintiff appeals from the circuit court’s order dismissing its action against defendant, Insurance Company of North America, ruling that the action had been untimely filed and was barred by the time limitation in the AIA Performance Bond.

 

11. John Tranko v. Fed One Bank Corp., Inc., No. 000594. Plaintiffs seek a reversal of the summary judgment granted in favor of defendant Fed One Bank Corp., Inc. in this invasion of privacy case.

 

12. Carolyn Smith v. WV Div. Of Rehabilitative Services, No. 27779. Petitioners appeal from the circuit court’s order affirming the decision of the grievance board, which denied petitioners’ motion for default judgment pursuant to W.Va. Code § 29-6A-3(a)(2) based upon the failure of the Level III Evaluator to issue a timely decision in the original grievance.

 

13. Sidney George v. Evelyn Seifer, Warden, No. 000596. In this habeas corpus matter, the petitioner, Sydney George, appeals from a ruling of the Circuit Court of Harrison County denying him release from incarceration, even though the petitioner’s right to appeal from his criminal convictions in the underlying case has been violated. Because of the violation of the right to appeal, the Circuit Court allowed the petitioner various options, but not release from incarceration.

14. Marshall Newcomb v. Valley Blox, Inc., No. 000598. The petitioner, Marshall Newcomb, appeals from an order entered in the Circuit Court of Berkeley County denying him attorney fees, although the petitioner prevailed upon his handicap discrimination claim against the respondents, Valley Blox, Inc., and Terry Turner. The petitioner asks this Court to remand this action to the Circuit Court for an award of reasonable attorney fees.

 

15. Yellow Cab Co., Inc. v. WVHRC/Roy Higginbotham, No. 000601. The petitioner, Yellow Cab Company, Inc., appeals from a ruling of the West Virginia Human Rights Commission that one of the petitioner’s drivers refused cab service to the respondent, Roy A. Higginbotham, Jr., upon the basis of race. The HRC determined that the respondent was entitled to damages and that the petitioner must cease and desist from unlawful discriminatory practices. The petitioner contends that the Administrative Law Judge applied incorrect legal and evidentiary standards in finding the petitioner responsible for the alleged actions of its driver.

 

16. State of WV v. Bruce Heiser, No. 000603. The petitioner, Bruce Heiser, appeals from an order entered in the Circuit Court of Ohio County sentencing him to 1 to 5 years in the penitentiary upon his conviction, by a jury, of the crime of third offense domestic battery. The petitioner raises a number of assignments of error, including the issue of whether the Circuit Court erred in sua sponte questioning the State’s expert medical witness.

 

17. State of WV v. Luke M., Juvenile, No. 000605. The petitioner, Luke M., appeals from his conviction, entered upon a guilty plea in the Circuit Court of Wood County, to the offense of murder of the second degree. The petitioner, age 15 when the offense was committed, was transferred to the Circuit Court’s adult jurisdiction. The petitioner’s primary challenge concerns his sentence of forty years in the penitentiary.

 

18. Dottie Durst v. Bertha L. Bauer, No. 000646. This is a negligence action filed in the Circuit Court of Mason County involving a collision between two motor vehicles. Although the petitioner, Bertha Louise Bauer, admitted liability for the accident, the jury entered a verdict in her favor as to respondent Dottie and Virgil Durst’s alleged damages. The petitioner appeals from an order entered in the Circuit Court setting the jury verdict aside and granting the respondents a new trial.

 

19. Gene S. Whiteside v. Karen Whiteside, No. 000723. The petitioner, Karen Whiteside, appeals from an order entered in the Circuit Court of Putnam County awarding custody of the parties’ minor child to the respondent, Gene Stephen Whiteside. The petitioner contends that her submission of evidence upon the custody issue was unfairly cut short by the Family Law Master.

 

20. Valerie M. Harris v. George Pozega/Allstate Ins. Co., No. 27780. The petitioner, Vengroff, Williams & Associates, Inc., appeals from an order entered in the Circuit Court of Kanawha County directing the petitioner to pay attorney fees to the respondent, Allstate Insurance Company. The award of attorney fees arose when the petitioner, acting on behalf of respondent Allstate, executed a questionable release, in settlement of the claims of third parties.

 

21. John S. Taylor v. Island Creek Coal Co., No. 27781. The petitioners, Island Creek Coal Company, et al, appeal from an order entered in the Circuit Court of Logan County determining the petitioners to be "prime contractors" with regard to the respondents, John Taylor, et al, and awarding the respondents damages for unpaid "wages" in the amount of $519,681.94. The controversy before this Court concerns the inclusion in the damage award of $279,291.12 in arbitration and MSHA awards the respondents were owed by their immediate employer Mutual Mining, Inc.

 

22. State of WV v. Brian K. Davis, No. 000739. The petitioner, Brian K. Davis, appeals from his conviction in the Circuit Court of Fayette County, upon a conditional guilty plea, of the felony offense of possession of a Schedule 1 controlled substance, marihuana, with the intent to deliver. The petitioner challenges the Circuit Court’s denial of his motion to suppress evidence obtained at the time his automobile was stopped and the petitioner was arrested. Specifically, the petitioner asks this Court to revisit this Court’s decision in State v. Stuart, 192 W.Va. 428, 452 S.E. 2d 886 (1994) [Cleckley, J.], concerning warrantless searches and seizures flowing from an anonymous tip.

 

23. State of WV v. Robert Dailey, No. 000740. The petitioner, Robert Dailey, appeals his convictions of Second Degree Sexual Assault by a jury. On appeal, Mr. Dailey argues he was denied a fair trial in that he was denied his constitutional rights to present a defense and confront and cross examine the State’s chief witness and her husband regarding: (1) evidence demonstrating the witness had a possible motive to lie; (2) evidence relating to the witness’ character for truthfulness; and (3) evidence of the witness’ violent character indicating she would have earnestly resisted a sexual assault.

24. Donald Hanks v. Russell S. Cook, No. 000741. The petitioners, Mr. & Mrs. Hanks, appeal the summary judgment order dismissing their legal malpractice claim against William DePaulo and his law firm, Ross & DePaulo. On appeal, the Hanks argue that the circuit court erred in determining that the statute of limitation had run on their claim against the bank before they contacted Mr. DePaulo. The Hanks also argue that because of the advice of a certain third party as an attorney, the running of the statute of limitation was suspended under the discovery rule.

25. Enrique Mencia v. Canaan Crossing Homeowners Association, No. 000758. The petitioner, Enrique Mencia, appeals a jury verdict directing him to tear down some signs and the fence along the subdivision road because they violate the restrictive subdivision covenants. The circuit court also ordered Mr. Mencia to pay $27,860.17. On appeal, Mr. Mencia argues that the circuit court erred in ruling that the covenant governing fencing and horses was legal and enforceable and in not allowing mention of Covenant No. 3, which specifically allows horses with "proper" fencing in the subdivision.

 

26. John D. Sergent v. The City of Charleston, No. 000759. The petitioner, John Sergent, appeals the summary judgment order dismissing his claims against the Cities of Charleston and St. Albans and their respective officers based on the public duty doctrine and immunity under W.V. Code 29-12A-5. Mr. Sergent argues that the defendant officers acted without due regard for the safety of the decedent and general public and that summary judgment was improper because: (1) the Court improperly entertained renewed summary judgment motions after their initial motions were denied; (2) the public duty doctrine was improperly applied to the tortuous misconduct of the defendants; (3) the "reckless disregard" exception to the public duty doctrine was not applied; and (4) proximate cause and foreseeability of the consequences of the police acts was erroneously found not to exist.

27. Joseph Yingst v. Lake Chaweva Club, No. 000763. The petitioner, W.V. Division of Environment Protection, appeals the denial of the Division’s Motion to Dismiss/Motion for Summary Judgment. The Division seeks this interlocutory appeal because of the clear and unambiguous language in the Division’s insurance policy, which excludes the respondents’ claims thereby making the Division immune from liability.