2.  State of West Virginia v. Charles J. James - No. 100027. Defendant appeals the circuit court’s imposition of a 30 year period of extended supervision under West Virginia Code §62-12-26 following defendant’s penitentiary sentence. Defendant asks this Court to find that §62-12-26 is unconstitutional as violative of several federal and State constitutional provisions.  Defer for response.

3.  State of West Virginia v. Charles Hinzman - No. 100031. Defendant appeals his domestic assault conviction following a jury trial. Defendant challenges the circuit court’s denial of his motion to strike a particular juror for cause. Defendant seeks a reversal of his conviction and a remand for further proceedings.  Refuse  5- 0

4.  E.H., et al. v. Khan Matin, M.D., et al. - No. 100032. Petitioner Department of Health and Human Resources appeals from orders entered by the circuit court arising out of petitioner’s statutory obligation under W.Va. Code §27-5-9 and compliance with the "Hartley Plan." Petitioner DHHR asks this Court to grant its petition for appeal and grant such other additional relief as the Court deems necessary and appropriate. Grant  4- 1, (Benjamin, J.)

5.  David Means v. Kanawha Pizza, LLC, Darden Properties II, LLC and OSI, LLC  - No. 100033. Plaintiff appeals from the circuit court’s order granting defendants’ Rule 12(b)(6) motion to dismiss plaintiff’s personal injury negligence claim. Plaintiff seeks a reversal of the dismissal order and a remand for discovery and trial.  Grant  4- 1, (Benjamin, J.)

6.  State ex rel. Romeo P. Lopez v. Howard Painter, Warden, Mount Olive Correctional Center - No. 091809. Romeo P. Lopez appeals the circuit court’s order denying his omnibus petition for post-conviction habeas corpus arising from his convictions upon guilty plea to two counts of First Degree Sexual Assault and two counts of First Degree Sexual Abuse. He asserts multiple instances of ineffective assistance of counsel.  Refuse  5- 0

7.  State of West Virginia v. Vincent Allen West - No. 100034. Vincent Allen West appeals his conviction for two counts of First Degree Sexual Abuse. He asserts several constitutional and trial errors.  Refuse  5- 0

8.  State of West Virginia v. Earl Lee Conway - No. 100039. Earl Lee Conway appeals his sentence of 30 to 60 years in prison for his conviction upon guilty plea to four counts of Sexual Abuse in the Third Degree and three counts of Sexual Abuse by a Parent, Guardian, Custodian or Person in Position of Trust.  Refuse  5- 0

9.  Richard H. Burton v. West Virginia Consolidated Public Retirement Board - No. 100040. The Consolidated Public Retirement Board appeals the Circuit Court’s order which reversed the Board’s decision. The Court held that the Board had to apply a statutory provision of a pension statute that was later removed from the law, or else the Board would violate plan member Richard H. Burton’s right against impairment of his pension contract. Grant  5- 0, Consolidate with Myers v. CPRB, No. 35470

10.  State of West Virginia v. Robert A. McDonald - No. 100042. Robert A. McDonald appeals his conviction for one count of Sexual Abuse by a Custodian and one count of Third Degree Sexual Assault. He asserts multiple instances of evidentiary error and insufficiency of the evidence. Refuse  5- 0

11.  State of West Virginia v. Elizabeth Dawn Thornton - No. 100043. Elizabeth Dawn Thornton appeals her conviction for Child Neglect Causing Death. She asserts that the court erred by refusing to conduct a Daubert hearing and analysis; insufficient evidence of an element of the crime; the court erred by denying a motion for change of venue and a motion for mistrial because of publicity; and the court erred by denying mistrial motions when protected information was disclosed to the jury. Accept to Motion Docket

12.  Cabot Oil & Gas Corporation and Lawson Heirs, Inc., Intervenor v. Randy C. Huffman, Cabinet Secretary, West Virginia Department of Environmental Protection, Office of Oil and Gas; and Seirra Club, Inc.; Cordie O. Hudkins; West Virginia Highlands Conservancy, Inc.; Friends of Blackwater; and West Virginia Division of Natural Resources, Intervenors - No. 100057. The Secretary of the W.Va. Department of Environmental Protection appeals the circuit court’s order which reversed the DEP Secretary’s Order and directed the DEP Secretary to issue five well work permits for natural gas drilling within Chief Logan State Park. Grant  5- 0, Consolidate with 100058, 100046, 100059

13.  Cabot Oil & Gas Corporation and Lawson Heirs, Inc., Intervenor v. Randy C. Huffman, Cabinet Secretary, West Virginia Department of Environmental Protection, Office of Oil and Gas; and Seirra Club, Inc.; Cordie O. Hudkins; West Virginia Highlands Conservancy, Inc.; Friends of Blackwater; and West Virginia Division of Natural Resources, Intervenors - No. 100058. The W.Va. Division of Natural Resources, an intervenor for purposes of appeal, appeals the circuit court’s order which reversed a decision of the Secretary of the W.Va. Department of Environmental Protection and directed the DEP Secretary to issue five well work permits for natural gas drilling within Chief Logan State Park. Grant  5- 0, Consolidate with 100057, 100046, 100059

14.  Cabot Oil & Gas Corporation and Lawson Heirs, Inc., Intervenor v. Randy C. Huffman, Cabinet Secretary, West Virginia Department of Environmental Protection, Office of Oil and Gas; and Seirra Club, Inc.; Cordie O. Hudkins; West Virginia Highlands Conservancy, Inc.; Friends of Blackwater; and West Virginia Division of Natural Resources, Intervenors- No. 100046. Cordie O. Hudkins, Friends of Blackwater, and WV Highlands Conservancy, intervenors for purposes of appeal, appeal the Circuit Court’s order which reversed a decision of the Secretary of the W.Va. Department of Environmental Protection and directed the DEP Secretary to issue five well work permits for natural gas drilling within Chief Logan State Park. Grant  5- 0, Consolidate with 100057, 100058, 100059

15.  Cabot Oil & Gas Corporation and Lawson Heirs, Inc., Intervenor v. Randy C. Huffman, Cabinet Secretary, West Virginia Department of Environmental Protection, Office of Oil and Gas; and Seirra Club, Inc.; Cordie O. Hudkins; West Virginia Highlands Conservancy, Inc.; Friends of Blackwater; and West Virginia Division of Natural Resources, Intervenors - No. 100059. Sierra Club, Inc., an intervenor for purposes of appeal, appeals the circuit court’s order which reversed a decision of the Secretary of the W.Va. Department of Environmental Protection and directed the DEP Secretary to issue five well work permits for natural gas drilling within Chief Logan State Park. Grant  5- 0, Consolidate with 100057, 100058, 100046

16.  State of West Virginia v. Michael Ridenour- No. 100045. Petitioner Michael Ridenour appeals from his conviction and sentence following his trial for a charge of retaliation against a public official under West Virginia Code § 61-5-27(c). By Order entered June 8, 2009, the Harrison County Circuit Court sentenced Mr. Ridenour to one to ten years in the West Virginia State Penitentiary, with credit for time previously served, in the amount of one day. Refuse 3-2 (Benjamin, J., Workman, J.)

17.  Greg L. Specht and Barbara A. Specht v. James D. Mahoney - No. 100056. Petitioner James D. Mahoney appeals from an August 20, 2009, Order of the Ritchie County Circuit Court which denied his Rule 60(b) Motion. The Circuit Court denied such Motion and affirmed its April 24, 2008, which held that the septic system and the attached leach field is so much an adherement and appurtenance to the use of the real estate sold which had a house on it, that it is by a matter of law a necessary appurtenance to the property.  Refuse  5- 0

18.  Rodney Gandee v. Advance Stores Company Incorporated, Catherine "Nicole" Smith and Timothy W. Hart - No. 100060. Petitioner Rodney Gandee appeals from an Order of the Jackson County Circuit Court which granted Summary Judgment in favor of Advance Stores Company Incorporated. Mr. Gandee had alleged in his Complaint that he was subject to gender-based discriminatory discharge from employment with the Respondent, in violation of the West Virginia Human Rights Act. The Circuit Court found as a matter of law that Petitioner failed to proved a sufficient nexus between his status in a protected class, and that he and Ms. Smith are similarly situated employees.  Refuse  5- 0

 
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