1. Barbara F. Goff v. The County Commission of Kanawha County - No. 021897. Plaintiff appeals from the circuit court’s order awarding summary judgment in favor of the county commission. Plaintiff alleged that she was permanently disabled as a result of a fall in the Kanawha County Judicial Annex where she worked as a magistrate assistant. The circuit court ruled that the county commission was immune from liability under W.Va. Code §29-12A-5(a)(11) because plaintiff received workers’ compensation benefits.

Refuse 4-1
[ McGraw, J. ]

 2. Frederick J. Williams, Jr. v. Charleston Area Medical Center, Inc. - No. 022021. Plaintiff appeals from an adverse jury verdict in this disability discrimination action against his employer. Plaintiff asserts that the verdict form conflicted with the jury instructions and resulted in a conflict and inappropriate verdict.

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

 3. State of West Virginia v. Lori Ann Hopkins - No. 022022. Defendant appeals her conviction for soliciting prostitution following a bench trial in the circuit court. No sentence was imposed and she was placed on probation for one year. Defendant asserts that the evidence against her was insufficient to uphold her conviction.

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

 4. SER David L. Hurt v. Thomas McBride, Warden - No. 022033. Petitioner appeals from the circuit court’s denial of his amended petition for habeas corpus relief. He asserts that newly discovered evidence and cumulative error entitles him to relief.

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

5. Angela S. Love v. Georgia-Pacific Corp. and Timothy Adams - No. 022055. This action was originally filed as a class action in the Wyoming County Circuit Court alleging that Georgia-Pacific Corporation’s payroll practices violated the West Virginia Wage Payment and Collection Act. On May 20, 2002, the Wyoming County Circuit Court entered an order denying plaintiff’s motion to conduct discovery on class-related issues, rejected class action status, and directed that the action be transferred to the Fayette County Circuit Court. Plaintiff is appealing the denial of class certification.

Grant  4-1
[ McGraw, J. ]

 6. Della P. Oldacker v. Erica Haller v. Oak Casualty Insurance Company - No. 022056. Plaintiff appeals from the circuit court’s award of summary judgment in favor of Oak Casualty Insurance Company on its motion for declaratory relief. The circuit court found that the financial responsibility requirements of W.Va. Code §17D-4-12 were met by the policy of insurance issued through the vehicle owner’s insurance coverage with another insurance carrier; thus, there was no requirement that Oak Casualty make its statutory minimum limits available under the policy issued to its insured, defendant Erica Haller, regardless of whether that policy was characterized as an "owner’s" or "operator’s" policy.

Accept To Motion Docket 

 7. Dorothy K. Czaja v. Mark Czaja - No. 022209. This action was remanded to the circuit court in Czaja v. Czaja, 537 S.E.2d 908 (2000), for the purpose of conducting a hearing to provide plaintiff’s counsel with an opportunity to respond to the circuit court’s position regarding pleadings filed by plaintiff’s counsel between February 9, 1999, and March 1, 1999, and to address whether an award of attorneys’ fees to defendant was still appropriate. Following the hearings conducted on remand, the circuit court found that an award of attorneys’ fees was still appropriate and entered an order awarding $6,080.50 in attorneys’ fees in favor of defendant. Plaintiff seeks a reversal of this award. 

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

8. SER Kenneth James Daft v. Howard Painter, Warden - No. 022061. Petitioner appeals from the circuit court’s denial of his petition for habeas corpus relief. He was convicted of three (3) counts of sexual abuse and two (2) counts of sexual abuse by a caretaker. His cumulative sentence was 15 to 45 years in the state penitentiary.

Defer 

 9. Hubert J. Barefield v. DPIC Companies, Inc. - No. 030287. The United States District Court for the Northern District of West Virginia, Martinsburg Division, certifies a question in this diversity action. The district court indicates that there is no controlling precedent in West Virginia on the issue involving an exclusion from insurance coverage. 

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

10. Judith Balderson v. Kroger LTD Partnership - No. 022062. Petitioner appeals an adverse jury verdict on her West Virginia Human Rights Act case. She alleged that respondents failed to reasonably accommodate her disability and instead fired her.

Accept To Motion Docket 

 11. Wood County Board of Education v. Mackey C. Hixon - No. 022063. Petitioner was dismissed from his position as a custodian by the Respondent Board of Education. The grievance board ordered that he be reinstated, but on appeal the circuit court reversed and upheld his termination. Petitioner appeals the circuit court’s order.

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

 12. State of West Virginia v. Douglas Paul Martus - No. 022065. Pursuant to a conditional plea agreement, petitioner appeals adverse rulings on motions to suppress evidence. Petitioner conditionally pled guilty to first degree murder and was sentenced to life with mercy.

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

13. Beverly Bolyard v. Grant County Board of Education - No. 022066. Petitioner appeals the Circuit Court’s denial of her Petition for Declaratory relief, Injunctive Relief and Writ of Mandamus concerning the respondent’s refusal to permit her resignation.

Grant 5-0

 14. Fred L. McCarty v. Juanita D. McCarty - No. 022090. Petitioner appeals the circuit court’s order which affirmed the family court’s entry of a temporary order on issues pertaining to the parties’ former marital home.

Refuse 5-0 

15. State of West Virginia v. Pamela Clark - No. 022092. Petitioner appeals the circuit court’s order which affirmed the family court’s entry of a temporary order on issues pertaining to the parties’ former marital home.

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

 16. Crystal Turner v. Wheeling Hospital and Chester Austin, M.D. - No. 022094. Petitioner appeals the circuit court’s order setting aside the entry of default against Respondent Wheeling Hospital.

Refuse 5-0 

 17. State of West Virginia and Mon Valley Drug Task Force v. $43,000 - No. 022098. Petitioner appeals the circuit court’s order finding forfeiture of $ 43,000 in cashier checks under the West Virginia Contraband Forfeiture Act.

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

 18. Robert L. Smallwood v. Lloyd W. Perkins - No. 022095. Petitioners appeal an adverse directed verdict on their lawsuit for property damage they allege was caused by water and mud leaking from an old strip mine earthen dam.

Refuse 4-1
[ McGraw, J. ] 

 19. Daniel R. Strahin v. Robert G. Cleavenger and Earl Sullivan - No. 022113. Petitioner appeals an adverse jury verdict and the court’s refusal of pre-trial and post-trial motions in a case where he was found liable for failing to protect a person who was shot by a third party.

Accept To Motion Docket 

 20. Donna Williams, Guardian and Conservator v. Adam Arnold, et al. - No. 022059. Petitioner, as guardian and conservator of her son, appeals the circuit court’s granting of summary judgment in favor of Intervenor/Respondent Westfield Insurance. The circuit court found no coverage under a contractor’s package insurance policy which Westfield Insurance had issued for a vehicle not involved in an accident.

Refuse 4-1
[ McGraw, J. ]

 21. State of West Virginia v. Robert Bradley Joseph - No. 022153. Petitioner appeals his conviction for first degree murder, where he was sentenced to life with mercy. He asserts that the circuit court improperly excluded evidence of diminished capacity. 

Accept To Motion Docket 

22. State of West Virginia v. John Shannon - No. 022154. Petitioner appeals from his conviction of two charges of obstruction which occurred in Putnam County.

Refuse 4-1
[ Starcher, C.J. ] 

 23. Ellen D. Moran v. Bell Atlantic, WV, Inc. - No. 022155. Petitioner appeals the granting of defendant’s Motion for Summary Judgment. On appeal, petitioner asserts that the lower court erred by granting the motion in this case under the Americans with Disabilities Act. 

Refuse 5-0 

24. Eddie Holik v. Consolidation Coal; Robert Hardman - 022156. Petitioner appeals from the circuit court’s order granting summary judgments on Counts I and II alleging negligent hiring entered in favor of defendant. Petitioner also appeals the Circuit Court of Mingo County’s transfer of the case from Mingo County to Monongalia County. The central issue is whether the employees of an independent contractor may sue a landowner for injuries alleged to be caused by the landowners own carelessness in the negligent hiring of an independent contractor.

Grant 5-0

 25. Norma Fike v. Health Care Retirement Corp.- No. 022181. Plaintiff appeals from the circuit court’s order granting defendant’s Motion for Summary Judgment. On appeal, petitioner alleges that the Court erred in dismissing her age discrimination case.

Refuse 4-1
[ McGraw, J. ] 

 26. State of West Virginia v. Steve R. Barker - No. 022182. Petitioner seeks to appeal his conviction of manufacturing a controlled substance challenging whether he consented to a warrantless search by police.

Refuse 5-0 

 27. State of West Virginia v. Barry White - No. 022194. Defendant who was convicted of multiple counts of sexual assault seeks to appeal primarily on the basis of witnesses who testified regarding letters sent by petitioner to his wife.

Accept To Motion Docket 

 28. State of West Virginia v. William R. Adkins - No. 022199. Petitioner seeks to appeal his conviction of first degree sexual abuse contending the lower court erred: (a) in its instructions on the voluntariness of his pre-trial statement and (b) the refusal of the court to have the jury specify which of the four separate events led to his conviction.

Accept To Motion Docket