Requests for Oral Presentation
and
Petitions for Appeal

June 9, 1999

1.    John Walkowiak v. William Haines, Warden, No. 991073. Petitioner appeals denial of petition for writ of habeas corpus. Mr. Walkowiak was convicted of aggravated robbery, burglary, grand larceny and conspiracy to commit a felony.

Refuse 3-2
[Starcher, C.J. Would Grant]
[Workman, J. Would Remand For More Complete Order]

2.    Valerie M. Harris v. George Pozega, No. 991224. Defendant appeals order awarding attorney's fees in a matter raising the effect and interpretation of a release and indemnification agreement.

Refuse 3-0
[Starcher, C.J. Disqualified, Workman, J. Not Participating]


3.    WV Dept. Of Health and Human v. Michael Cotterall, No. 991225. Guardian ad litem petitions presenting two certified questions.

Grant 5-0

4.    John Houyoux d/b/a v. James Paige, Commissioner, No. 991226. State Tax Department appeals order of lower court holding that taxpayer had three years from the date of a return filed by another in which to file a claim for a refund.

Grant 4-1
[McGraw, J.]

5.    Penny D. Kirby v. Rodney G. Fox, No. 991227. Plaintiff mother appeals modification of custody awarding custody of two minor children to the defendant father.

Grant 3-2
[Davis, J., Maynard, J.]

6.     State of West Virginia v. Blaine Salmons., No. 991088. Defendant appeals his conviction of aggravated robbery and kidnapping for which he was sentenced to a 30-year concurrent term.

Refuse 5-0

7.    Erie Insurance Prop. v. Pioneer Home Improvement, No. 991232. Petitioner, Pioneer Home Improvement, Inc., appeals from a declaratory judgment ruling holding that its first party insurer (Erie Insurance) had neither coverage nor duty to defend Pioneer in a suit brought against it by a third party for claims arising out of Pioneer's work operations and subsequent efforts to collect an amount it claimed due.

Grant 5-0

8.    State of West Virginia v. John M. Kozel, No. 991234. Defendant appeals his conviction of 3d offense DUI for which he received 1 to 3 years in the state penitentiary.

Refuse 4-1
[Starcher, C.J.]

9.    State of West Virginia v. Alan Keith Burks, No. 991241. Defendant appeals his conviction of malicious assault for which he was sentenced to 2 to 10 years in the penitentiary. His sentence was suspended, and he was placed on 5 years of probation.

Refuse 5-0

10.    H. Kenneth Carvey v. WV State Board of Education, No. 991243. Petitioner appeals from the circuit court's order declaring that West Virginia school principals attending summer professional development programs must be paid for their attendance at their contractual daily rate of pay.

Grant 5-0

11.    Sandra A. Willis v. Bucci & Chambers, No. 991085. The petitioner, Sandra A. Willis, appeals from an order entered in the Circuit Court of Kanawha County granting partial summary judgment in favor of James F. Humphreys, respondent intervenor. The Circuit Court ruled that, although the petitioner left her employment with the law firm of Bucci & Chambers, she was nevertheless subject to a joint venture agreement between Humphreys and Bucci & Chambers concerning certain cases.

Refuse 5-0

12.    J. Richard Ford v. 119 East Washington, No. 991244. The petitioner, J. Richard Ford, appeals from an order entered in the Circuit Court of Jefferson County denying the petitioner recovery upon a mechanic's lien filed with regard to a renovation project in Charles Town, West Virginia. Instead, the Circuit Court ruled that the respondent was entitled to damages because the petitioner had performed the work in an unworkman like manner.

Refuse 4-1
[McGraw, J.]

13.    Marvin T. Bowers v. Southland Corporation, No. 991245. The petitioners, Marvin T. Bowers, et al., appeal from an order entered in the Circuit Court of Jefferson County granting summary judgment in favor of respondent Gretchen Wurzburg. Ms. Wurzburg was the lessor of property upon which a gasoline station was operated. The petitioners brought an action to recover damages allegedly caused by a gasoline leak from the station.

Grant 3-2
[Davis, J., Maynard, J.]

14.    WV Dept. Of Health and Human v. Darnell C. Penn, No. 991247. The petitioner, Clayborn Darnell Penn, appeals from an adverse order entered in the Circuit Court of Kanawha County establishing paternity and awarding the payment of child support and certain costs.

Refuse 5-0