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Petitions for Appeal

March 8, 2000

1.    State of West Virginia v. Kevin A. Boxley, No. 993477. Petitioner appeals from his conviction for aggravated robbery and fleeing from a police officer. He was sentenced to 40 years for his conviction for aggravated robbery and 1 year for his conviction for fleeing from a police officer, the sentences to run concurrently.

[Starcher, J.]

2.    State of West Virginia v. Annie Lawless, No. 993481. Defendant seeks reversal of the court's restitution award in its sentencing order.

3.    State of West Virginia v. Levi Sam Shaw, No. 993520. Defendant appeals from his felony sentencing asserting that he was a good candidate for either probation or treatment as a youthful offender.

4.    John Beitzel v. Terence K. Wolfe, No. 000009. Defendant appeals from the circuit court's order granting summary judgment in favor of plaintiffs on defendant's counterclaim and its order granting to plaintiffs the relief that they sought in this unlawful detainer action.

5.    Burford E. Kirtley v. Wetzel County Hospital Assoc., No. 000010. Petitioners appeal from the circuit court's order granting a new trial after a defense verdict in this medical malpractice action.

6.    Crystal K. Brady v. Deals on Wheels, Inc., No. 000019. Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants.

7.    John Ayersman v. WV Div. Of Environmental Protection, No. 000028. Plaintiff appeals from the circuit court's award of summary judgment in favor of defendant, West Virginia Division of Environmental Protection, in this negligence and property damage action involving the reclamation of a coal refuse pile.

8.    Aubrey E. Henry v. Jefferson County Planning Commission., No. 000030. Plaintiff appeals from the circuit court's order affirming the administrative decision of the Jefferson County Planning Commission denying plaintiff's application for a conditional use permit.

[Davis, J., Disqualified]
[McGraw, J., Not Participating]

9.    Timothy Hafer v. Robert Skinner, Esq., No. 000032. The petitioner, Timothy Hafer, appeals from an order entered in the Circuit Court of Berkeley County granting summary judgment in favor of respondent Robert Skinner (successor trustee) and dismissing the petitioner's action. In the action, the petitioner sought to set aside the successor trustee's foreclosure sale of a house in Martinsburg, West Virginia. The petitioner contends that the foreclosure sale was procedurally defective and that the price obtained at the sale was unconscionably low.

10.    State of WV v. James H. Lichliter, No. 000035. The petitioner, James Lichliter, appeals from a number of criminal convictions adjudged against him in the Circuit Court of Hardy County. The convictions arose from a police search of a vehicle in which the petitioner was a passenger. The petitioner contends, inter alia, that the search was illegal and that the evidence obtained therefrom was inadmissible.
[Starcher, J.]

11.    SER Roger E. Cline v. William Duncil, Warden, No. 000041. The petitioner, Roger Emmett Cline, appeals from an order entered in the Circuit Court of Greenbrier County denying him relief in habeas corpus. The petitioner was convicted of murder of the first degree, with mercy, in the underlying case and contends that he is entitled to habeas relief because his trial counsel was ineffective.


12.    Brian Markley v. George Trent, Warden, No. 993344. The petitioner, Brian Markley, convicted of two counts of first degree sexual assault, one count of malicious wounding and one count of attempted murder of the second degree, appeals from an order entered in the Circuit Court of Berkeley County denying him relief in habeas corpus. The petitioner contends, inter alia, that he is entitled to habeas corpus relief because his trial attorney, who represented both the petitioner and a co-defendant, had a conflict of interests.

[Starcher, J.]

13.    Tom D. Jarrell v. WV Div. Of Environmental, No. 000052. The petitioner, Tom Jarrell, appeals from a final order entered in the Circuit Court of Boone County affirming a ruling of the West Virginia Surface Mine Board to the effect that the petitioner failed to establish that his property had been damaged by subsidence caused by the underground mining operations of respondent Eagle Energy, Inc. The petitioner asserts, inter alia, that the conclusions of the Circuit Court and Surface Mine Board were not supported by the evidence.

[Starcher, J., McGraw, J.]

14.    Fernando Recio, M.D. v. Charleston Area Medical Center, No. 000053. The petitioner, Fernando Recio, M.D., appeals from an order entered in the Circuit Court of Kanawha County granting summary judgment in favor of the respondents. The petitioner sought monetary damages from the respondents for the suspension of his medical staff privileges at CAMC. The granting of summary judgment was based upon the federal Health Care Quality Improvement Act which provides immunity in certain circumstances with regard to peer review activity.

[Starcher, J., McGraw, J.]

15.    Richard Jones v. Carolyn Jones, No. 000055. In this divorce action, the petitioner, Carolyn S. Jones, appeals from an order entered in the Circuit Court of Kanawha County adopting the recommendation of the Family Law Master that the petitioner was not entitled to receive alimony from the respondent, Richard A. Jones.