and

Petitions for Appeal

1.    Chiquita Bradford v. William L. Jordan, No. 000060. Defendant appeals from the order of the circuit court granting, in part, plaintiff's motion to set aside a jury verdict and grant a new trial upon the issue of damages. Defendant seeks a reversal of the circuit court's order and a reinstatement of the jury's verdict.

2.    State of West Virginia v. Geraldine Mahone, No. 000062. Defendant seeks a reversal of her conviction for voluntary manslaughter. She received a sentence of 6 years in the state penitentiary.

[Starcher, J.]

 

3.    State of West Virginia v. Andrew M. Pettry, Juvenille, No. 000063. Defendant appeals the circuit court's discretionary order transferring him to the criminal jurisdiction of the circuit court pursuant to W.Va. Code § 49-5- 10(j).

[Starcher, J.]

4.    State of West Virginia v. Billy Terry, No. 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.

5.    State of West Virginia v. Christopher E. Wood, No. 000069. Defendant appeals from his conviction for malicious assault for which he received a sentence of 2 to 10 years and his conviction of petty larceny for which he received a jail term of 12 months, both sentences to be served concurrently. The court also ordered the defendant to pay restitution to the victim in the amount of $100,000.

[Starcher, J., Scott, J.]

6.    Colonial Ins. Co. v. Floyd Barrett and John Watkins, No. 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.

7.    SER James Fincham v. George Trent, Warden, No. 000077. Defendant appeals from the circuit court's order granting summary judgment in favor of the State on defendant's petition for a writ of habeas corpus alleging ineffective assistance of his original habeas counsel. Defendant seeks a reversal of the circuit court's order and a remand of the proceeding to circuit court for an evidentiary hearing.

8.    Lewis R. Jackson v. Jefferson Memorial Hospital, No. 000078. Defendant hospital appeals from the jury verdict rendered in favor of plaintiff in this medical malpractice action.

9.    State of West Virginia v. Royce D. Burdette, No. 000079. The petitioner, Royce Dean Burdette, appeals from his conviction in the Circuit Court of Greenbrier County of murder of the first degree. The petitioner was sentenced to life imprisonment, without the possibility of parole. The petitioner asserts, inter alia, that the Circuit Court committed error in precluding him from calling a State Trooper to the stand in order to impeach the credibility of a witness for the State.

 

10.    State of West Virginia v. Neil Williams, No. 000085. The petitioner, Neil Williams, appeals from a number of child sexual offenses adjudged against him in the Circuit Court of Ohio County. The petitioner, who entered a plea of guilty to the offenses, contends that the indictment charging him was defective and that his guilty plea was involuntary.

[Starcher, J.]

 

11.    Stephen Kubiczky v. Wesbanco Bank Wheeling, No. 000086. The petitioner, Stephen Kubiczky, appeals from a judgment entered in the Circuit Court of Ohio County in favor of respondents Anna Harmath Kovacs and Helen Harmath Laitos. The two respondents are sisters and, along with a third sister, were beneficiaries under the residuary clause of a will. The third sister, contends that the Circuit Court erred in not allowing him a 1/3 share of the residuary estate.

12.    Effie Butcher v. Jackson County Board of Education, No. 000101. The petitioner, Effie Butcher, appeals from an order entered in the Circuit Court of Jackson County affirming the denial of the petitioner's Level IV grievance against her employer, Board of Education of the County of Jackson. The petitioner, a Custodian III at Ripley Elementary School, contends that she was entitled to the position of Custodian IV, vacant in 1997, based upon seniority.

[McGraw, J.]

13.    State of West Virginia v. Robert Vernon Brown, No. 000123. The petitioner, Robert Vernon Brown, appeals from his convictions of murder of the first degree, conspiracy to commit murder and possession of explosives with criminal intent. The petitioner's sentence upon the convictions included a term of life imprisonment, without the possibility of parole. The petitioner contends, inter alia, that the Circuit Court committed error in refusing to dismiss the indictment due to a twenty-two and one-half year pre-indictment delay.

14.    Erica Hager v. Travis Hager, No. 000130. The petitioner, Erica Hager, appeals from an order entered in the Circuit Court of Lincoln County adopting the recommendation of the family law master and changing custody of the parties' child from the petitioner to the respondent, Travis Hager. Emphasizing that the respondent went to live with his parents, the petitioner contends, inter alia, that the change in custody was improper because the Circuit Court, in effect, awarded the child to the respondent's mother who, rather than the respondent, would be the caretaker of the child.

[Davis, J., Starcher, J.]

15.    Joyce Cobb v. J. Ike Cobb, No. 000132. The petitioner, J. Ike Brown, renews his appeal (previously refused) from an order entered in the Circuit Court of Fayette County directing him to transfer 1/2 of the stock in two automobile dealerships to the estate of his deceased brother. The controversy arose from the interpretation of the will of the brothers' father, Guy D. Brown. The Circuit Court ruled that, pursuant to the will of Guy D. Brown, the petitioner obtained the stock “in trust” subject to the brother's claim.

[Scott, J.]

 

16.    State of West Virginia v. Lorenza Valentine, No. 000134. The defendant appeals his conviction of voluntary manslaughter and sentence of 15 years based on a plea agreement with the State. On appeal, the defendant asserts that the circuit court failed to follow the requirements of Rule 11(e)(2), RCrP, by not informing the defendant that, if his plea was accepted but the sentencing recommendation was rejected, the defendant could not withdraw his plea.

[Maynard, C.J., McGraw, J.]

17.    James L. Robertson, Jr. v. Susan Morris, No. 000144. The petitioners (hereinafter James L. Robertson) appeal a summary judgment order dismissing Susan Morris, the property owner where Mr. Robertson was seriously injured. On appeal, Mr. Robertson asserts: (1) material issues of fact exist precluding summary judgment; (2) the circuit court erred in determining that Mr. Robertson was an independent contractor and was owed no duty by Ms. Morris; and (3) the circuit court erred in failing to find that Ms. Morris breached the duties of reasonable care and providing a safe workplace.

18.    David H. Daugherty v. Westwood Acres Associates, No. 000146.     The petitioner, Westwood Acres Associates (the seller), appeals a summary judgment order requiring David Daugherty (escrow agent), to pay the real estate transaction escrow to Benchmark Westwood Acres Associates Limited Partnership (the buyer). On appeal, Westwood argues that the material questions of fact should have precluded summary judgment. The material questions of fact include: (1) whether Benchmark used its “best efforts” to consummate the purchase; and (2) whether Benchmark waived an 10/1/95 deadline for terminating the contract.

19.    State of West Virginia v. Darrell E. Blake, Jr., No. 000149. The petitioner, Darrell E. Blake, Jr., appeals his conviction of wanton endangerment involving a firearm (felony) by a jury verdict, denial of post- trial motions and sentence. Mr. Blake was sentenced to 5 years in the state penitentiary.

    
20.    R. Thomas Karickhoff v. John W. Metcalfe, No. 000151. The petitioners appeal a bench trial decision refusing to award them certain real estate under the doctrine of adverse possession. On appeal the petitioners assert that the circuit court erred: (1) in failing to find that the evidence proved adverse possession; and (2) in finding that Redwood Drive (part of the subject real estate) is a public street rather than a privately dedicated right of way.