Requests for Oral Presentation
and
Petitions for Appeal

March 10, 1999

1. State of West Virginia v. Christopher Miller, No. 983177. Defendant appeals sentence of 1 to 5 years for his conviction of possession of marijuana with intent to deliver.

Refuse 3-2
[Starcher, C.J., McGraw, J.]

2. Theodore Fugera v. Jane Cline, Commissioner, No. 983376. Petitioner appeals lower court order regarding credit of time for an alcohol interlock device.

Refuse 5-0

3. Vickie L. Bragg v. Cameron Bays, No. 983360. Plaintiff appeals entry of summary judgment on behalf of the defendants in a personal injury action arising out of a slip and fall.

Defer

4. Judith A. Miller v. Timothy J. Miller, No. 990008. Petitioner, the custodial parent, appeals lower court order modifying child support and alimony based on a salary of minimum wage and a 40 hour work week.

Refuse 4-1
[Workman, J.]

5. WV Dept. Of Health and Human Resources v. Jeffrey W. Schwab, No. 990014. Defendant appeals Order assessing him $34,697.08 in back child support and interest.

Grant 4-1
[Workman, J.]

6. Johnny D. Dickens v. Raleigh County BOE, No. 990015. Defendant insurance company appeal entry of summary judgment finding it liable to the plaintiff in the amount of the statutory limit of the UM benefits.

Refuse 3-2
[Workman, J., Davis, J.]

7. State of West Virginia v. Kerney R. Thornsbury, No. 990016. Defendant appeals conviction of voluntary manslaughter and wanton endangerment and a verdict of guilty to the charge of use of a firearm. Defendant was sentenced to a term of 3 to 15 years for the voluntary manslaughter conviction and 1 to 5 on the wanton endangerment. The sentences are to run concurrently.

Refuse 4-0
[McGraw, J. Disqualified]

8. State of West Virginia v. Clinton Mullins, No. 990018. Defendant appeals convictions for second offense DUI and DUI with injury. Defendant was sentenced to nine months in the county jail and fined $1,000.00 for the second offense DUI and one year in the county jail and $500.00 for the offense of DUI with injury. (It appears that he is on work release). The sentences were ordered to run consecutively.

Refuse 3-2
[Starcher, C.J., Davis, J.]

9. Mountain Gauley Inv. v. Maplewood Mining Co., No. 983286. The petitioners challenge a summary judgment entered in the Circuit Court of Nicholas County in favor of the holder of the petitioner's promissory note. The petitioners contend that questions of fact surround the note's validity.

Accept

10. Nunzio P. Pagano v. Correctional Medical, No. 983287. The petitioner, Correctional Medical Services, Inc., challenges an adverse jury verdict returned in the Circuit Court of Nicholas County finding the petitioner liable for the tortious interference with an employment contract between the respondent and a physician.

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

11. Danny Toler v. S.W. Jack Drilling, No. 983293. The petitioner, Danny Toler, appeals from a Logan County verdict returned in his favor in a negligence action concerning a motor vehicle accident. Contesting the adequacy of the verdict, Toler contends that it was error to allow the jury to consider evidence that he was receiving social security disability benefits.

Refuse 3-2
[Starcher, C.J., McGraw, J.]

12. Roy David Vernatter v. WV Penitentiary, Warden, No. 983302. The petitioner appeals from an order entered in the Circuit Court of Logan County denying him relief in habeas corpus. The petitioner, serving a sentence of life, with mercy, upon a lst degree murder conviction, contends that his rights to effective assistance of counsel and due process were violated.

Accept

13. Rita May Ratliff v. Edward D. Ratliff, No. 983308. The petitioner, Edward D. Ratliff, appeals from an order of the Circuit Court of McDowell County which increased his former wife's alimony and, in addition, awarded her certain insurance proceeds with regard to the destruction by fire of the parties' McDowell County home.

Refuse 5-0

14. State of West Virginia v. Linda Addair, No. 983301. The petitioner challenges her conviction in the Circuit Court of McDowell County of unlawfully attempting to obtain a controlled substance. The petitioner contends that the circuit court committed error in ruling upon her amended motion to recuse.

Refuse 5-0

15. State of West Virginia v. Timothy Ray Cline, No. 983319. The petitioner challenges his conviction in the Circuit Court of Mercer County of driving a motor vehicle while his operator's license was suspended or revoked.

Refuse 4-1
[McGraw, J.]

16. Larry Lynn Heater v. Monongahela Power, No. 990030. The petitioner appeals from an order entered in the Circuit Court of Marion County granting a summary judgment in favor of the respondent employers. The petitioner, a member of the Jehovah Witness faith, contends that the respondents discriminated against him upon the basis of religion.

Refuse 3-2
[Starcher, C.J, McGraw, J.]

17. Belinda Conrad v. WV Regional Jail, No. 990033. This appeal is a follow up to Conrad v. Szabo, 198 W.Va. 362 (1996), wherein this Court remanded for trial the petitioner's claims of a sexually hostile working environment and retaliatory discharge. The petitioner now appeals from an adverse jury verdict.

Refuse 3-2
[Workman, J., McGraw, J.]