June 9, 2005
1. State of West Virginia v. Daniel Oscar Sartin - No. 050769. Defendant pled guilty to one count of delivering a Schedule II controlled substance. He appeals seeking either to have his guilty plea set aside or, in the alternative, a remand with directions that he be sentenced in accordance with the facts as found in his guilty plea.
Accept to Motion Docket
2. State of West Virginia v. Gary Stephen Inscore, Jr. - No. 050770. Defendant appeals from the circuit court’s order revoking his probation and reinstating his sentence of a net 2 to 20 years without giving him credit for the years that he was incarcerated in the State of Virginia.
Accept to Motion Docket
3. Earl F. Canterbury d/b/a Nitro Window and Siding Company v. James E. Ryan and Vada Ryan, his wife, W. Jack Stevens, trustee, and BankOne, N.A., a national banking association - No. 050778. Plaintiff appeals from the circuit court’s order denying plaintiff’s motion for a new trial in this action to enforce a mechanic’s lien. The jury returned a verdict in favor of defendants and awarded them$28,000 for actual/compensatory damages and $1,000 in punitive damages on their counterclaim against plaintiff.
Refuse 4-1
[ Maynard, J. ]
4. Kimberly Merrill and Teresa Mayfield v. West Virginia Department of Health and Human Resources, No. 050780. Plaintiffs appeal from the circuit court’s order awarding summary judgment in favor of defendant. Plaintiffs instituted this action alleging that defendant was liable to them for its failure to remove plaintiffs from their parents’ custody following reports that plaintiffs were being sexually abused by their father.
Accept to Motion Docket
5. State of West Virginia v. Robert Michael Marshall - No. 050782. Defendant appeals from his convictions on one count of third degree sexual assault and one count of sexual abuse by a custodian. He alleges various trial errors.
Refuse 3- 2
[ Albright, C. J. & Starcher, J.
6. State of West Virginia ex rel. Billy Ray McLaughlin v. Thomas McBride, Warden, Mount Olive Correctional Complex - No. 050783. Petitioner appeals the circuit court’s order granting in part and denying in part his petition for writ of habeas corpus. Petitioner was previously convicted of first degree murder without a recommendation of mercy. In this habeas case, the circuit court remanded for a new trial on the sole issue of whether petitioner should receive a recommendation of mercy. Petitioner asserts that he should be granted an entire new trial.
Accept to Motion Docket
7. State of West Virginia v. Ryan Michael Nenigar - No. 050784. Petitioner appeals his convictions for first degree murder without a recommendation of mercy and conspiracy to commit murder.
Accept to Motion Docket
8. Scott A. McKinney v. F. Douglas Stump, Commissioner, West Virginia Division of Motor Vehicles - No. 050800. The DMV Commissioner appeals the circuit court’s order reversing an administrative driver’s license revocation.
Grant 5- 0
9. Route 19 Collision Center v. Jerry N. Black and Hinkle’s Body Shop - No. 050802. Defendant Jerry Black appeals from an adverse jury verdict in a case regarding payment for car repairs.
Refuse 5- 0
10. State ex rel. Todd Gosnell and Chad Ritter v. The Honorable Sandra Miller, Berkeley County Magistrate - No. 050818. Petitioners appeal the circuit court’s orders denying their petitions for writ of prohibition and/or mandamus against a magistrate. Petitioners assert that the magistrate improperly quashed their subpoenas duces tecum for information related to Intoxilyzer 5000 accuracy inspections in violation of State v. Dilliner.
Accept to Motion Docket
11. State of West Virginia v. Orville Junior Bragg - No. 050819. Petitioner appeals his conviction for conspiracy to commit the offense of possession with intent to deliver a controlled substance.
Refuse 4-1
[ Starcher, J. ]
12. State of West Virginia v. Ross Bonifacio Abido - No. 050820. Petitioner appeals his convictions of two counts of first degree sexual assault and one count of first degree sexual abuse.
Refuse 5- 0
13. David Payne, President, United Steelworkers of America Local Union 37; and Terry Harless, Grievance Chairman, United Steelworkers of America Local Union 37 v. The Huntington Human Rights Commission [sic] - No. 050843. Officials with United Steelworkers of America Local Union 37 appeal the circuit court’s order denying their petition for writ of prohibition. The court’s order permits the Huntington Human Relations Commission to go forward with proceedings on a complaint by a Union member that the local Union failed to adequately protect him from religious discrimination by his employer. The Union asserts that the claim is completely preempted by federal labor law.
Grant 4 - 0
[ Benjamin, J. Disqualified ]
14. State of West Virginia ex rel. James Michael Flippo v. Thomas L. McBride, Warden Mount Olive Correctional Complex - No. 050865. Petitioner appeals the circuit court’s order denying his petition for a writ of habeas corpus. He was previously convicted of first degree murder without a recommendation of mercy.
Accept to Motion Docket
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