March 12, 2009

Justice Albright did not participate in the consideration or decision of the cases on this docket. 
 Senior Status Justice McHugh sitting by temporary assignment.

1.  L. H. Jones Equipment Company v. Swenson Spreader LLC - No. 090214. The United States District Court for the Northern District of West Virginia presents the following certified question: Grant  5- 0

Recognizing that Article 6, Section 30, of the West Virginia Constitution provides that "[n]o act hereafter passed, shall embrace more than one object, and that shall be expressed in the title," and that an act shall be void as to any object in it which is not so expressed, and also acknowledging the long-standing precedent of the Supreme Court of Appeals of West Virginia that "[t]he title of an act should be construed most liberally and comprehensively in order to give validity to all parts of the act," Syl. Pt. 2, Brewer v. City of Point Pleasant, 114 W.Va. 572 (1934), and that "[w]hen the principal object of an act is fairly expressed in its title, other incidental or auxiliary objects which are germane to the principal object may be included in the act without titular specification," id. at Syl. Pt. 3, is the West Virginia Farm Equipment Dealer Contract Act, W.Va. Code § 47-11F-1, et seq. ("the Act"), limited in its scope and application to "dealers" and "suppliers" of "farm equipment," as stated in the Act’s title, or do the protections of the Act extend to "dealers" and "suppliers" of "farm, construction, industrial or outdoor power equipment or any combination of the foregoing," as provided in the definition of "dealer," found in the Act at § 47-11F-2?

2.  Lori Smith, Administratrix of the Estate of Jonathan Sturgill v. Singer Construction, Inc., Brian Charles Singer, Nicole Ashley Singer, and Diana Sturgill, Administratrix of the Estate of Marcus C. Sturgill - No. 090026. Plaintiff appeals from the circuit court’s order granting defendants’ motion for summary judgment and defendants’ motion in limine in this wrongful death action arising from a motor vehicle collision. Plaintiff raises evidentiary error below. Refuse 5- 0

3.  State of West Virginia ex rel. Paul David Hill v. Thomas McBride, Warden, Mount Olive Correctional Complex  - No. 090027. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Petitioner asserts that he was denied his right to appeal; that he was denied due process; that his conviction was obtained by use of coerced confession; and that he was denied effective assistance of counsel. Refuse 5- 0

4.  State of West Virginia v. Jeremy Haggerty - No. 090046. Defendant pled guilty to one count of forgery and one count of uttering a $45 check. He was sentenced to 2 to 20 years in the penitentiary. Defendant asserts that the circuit court considered impermissible factors in sentencing him. Defendant seeks an order reducing his sentence at least at the recommendation of the State. Refuse 5- 0

5.  State of West Virginia v. DeAaron Fields - No. 090049. Defendant appeals from his first degree murder conviction with mercy. He challenges the circuit court’s disqualification of his trial counsel for insufficient cause. Grant  4- 1(Davis)

6.  State of West Virginia v. William David Belcher - No. 090050. Defendant appeals from his first degree murder conviction and life sentence with mercy. Defendant seeks a reversal and a remand for a new trial on the basis of ineffective assistance of counsel. Refuse 5- 0

7.  Andrea Karpacs-Brown, individually and as administratrix of the Estate of her mother, Elizabeth Karpacs, and the Estate of her father, Andrew Karpacs v. Anandhi Murthy, M.D. - No. 082321. Defendant doctor appeals from a $4 million verdict rendered in favor of plaintiff in this medical malpractice action. Defendant raises various evidentiary and procedural errors. Defendant seeks a reversal and a remand for an entry of judgment in defendant’s favor on the decedent’s claim and for a new trial on the claims of the decedent’s children. In the alternative, defendant seeks a reversal of the judgment and a remand with instructions that the trial court enter judgment for no more than $1 million, plus post-judgment interest and ordinary taxable costs. Grant  4- 1(Davis)

8.  Dianna Mae Savilla, Administratrix of the Estate of Linda Sue Good Kannaird, Deceased v. Speedway SuperAmerica, LLC d/b/a Rich Oil Company, a Delaware corporation, City of Charleston, a municipality, Charleston Fire Department, Bruce Gentry and Rob Warner and Eugenia Moschgat, Intervenor - No. 090051. Intervenor and beneficiary Eugenia Moschgat appeals the circuit court’s "Order Awarding Attorney’s Fees" for work performed by counsel for Administratrix Dianna Mae Savilla on a deliberate intent claim. Refuse 5- 0 (Benjamin & Workman recused, Judge Evans and Judge Johnson sitting by temporary assignment.

9.  State of West Virginia v. Jewell L. Parsons - No. 090054. Jewell L. Parsons appeals her conviction for three felony counts: "intentional neglect of an elder person," "misappropriation or misuse of funds of an elder person by means of deception," and "embezzlement of money of a value of $1,000 or more by misuse of a fiduciary relationship." She asserts that the circuit court erred by admitting gruesome photographs, by limiting jury voir dire, by excluding testimony about her reputation for honesty, for failing to grant motions for acquittal, for failing to properly instruct the jury, and for subjecting her to double jeopardy. Refuse 5- 0

10.  State ex rel. Santo J. Crisafulli v. Howard Painter, Warden, Mount Olive Correctional Complex - No. 090073. Santo J. Crisafulli appeals the denial of his petition for post-conviction habeas corpus. He asserts ineffective assistance of counsel with respect to his plea bargain and guilty pleas, that his guilty pleas were not voluntary, that the habeas court should have granted judgment in his favor because the State did not file an answer or present evidence to oppose his habeas petition, and that the habeas court erroneously relied on evidence outside of the habeas record. Refuse 5- 0

11.  Flossie Craighead v. Phil Gardner, West Virginia Alloys, Inc., and John Doe Corporation - No. 090064. Plaintiff Flossie Craighead appeals the circuit court’s order granting summary judgment for defendants Phil Gardner and West Virginia Alloys, Inc. She asserted claims of outrage, invasion of privacy, defamation, and failure to train, but the circuit court held that she failed to make a showing that defendants’ alleged conduct rose to the level of being actionable. Refuse 5- 0

12.  State of West Virginia v. Kirk Moffett - No. 090086. Kirk Moffett appeals his conviction for four counts of breaking and entering, four counts of petit larceny, and one count of conspiracy to commit breaking and entering. He asserts insufficiency of the evidence and ineffective assistance of counsel. Refuse 5- 0

13.  Danny L. Benson v. AJR, Inc., a West Virginia corporation, and John M. Rhodes - No. 090088. Defendants AJR, Inc. and John M. Rhodes appeal the circuit court’s order entering judgment on liability for plaintiff Danny L. Benson in this case concerning employment termination and an employment contract. Inter alia, the parties dispute the meaning of an opinion issued by this Court when their case was before this Court in 2004. Grant 5- 0

14.  State of West Virginia v. Robert Sarver - No. 090092. Robert Sarver appeals his conviction for "Driving While License is Revoked for Driving Under the Influence, Third Offense." He asserts that the circuit court erroneously excluded evidence which would have supported his argument that he did not know his conduct was criminal. Refuse 5- 0

15.  Candace Gordijenko v. Trampus Wolford; Perdue Incorporated; Perdue Farms, Inc.; Perdue Farms Incorporated; D & R Builders, Inc.; Stoneburner Inc.; Stoneburner Construction & Engineering Company, Inc.; Plyco Corporation; and Trim Line, Inc. t/d/b/a Plyco East Coast - No. 082399. Plaintiff Candace Gordijenko received a personal injury and asserted liability against multiple defendants. She appeals four orders: the order granting summary judgment to defendant Perdue Farms Inc. and Perdue Incorporated; the order granting summary judgment to defendant Stoneburner Inc.; the order denying her motion to amend her complaint to add Delmar R. Berg as a party defendant; and the order denying her motion in limine with respect to admission of building code evidence. Refuse 4- 0 (McHugh disqualified)

16.  Roger G. Phillips and Melda Phillips v. Sharon P. Griffith, Danny Griffith, Brandon Edwards, and Carrie Edwards and Kevin Thompson, her husband - No. 082401. Plaintiffs Roger and Melda Phillips appeal the portion of the circuit court’s order which declared and established the boundary line of property they own which is adjacent to property owned by the defendants. Refuse 5- 0

17.  Joan Robey and David Robey v. Progressive Max Insurance Company - No. 090103. Petitioners appeal an Order of the Pleasants County Circuit Court which granted summary judgment in favor of Respondent Progressive Max Insurance Company while on a declaratory judgment counterclaim against the petitioners, and the dismissal of Progressive Max as a defendant from the pending Civil Action. Refuse 5- 0

18.  State of West Virginia v. Surinder Mohan - No. 090110. Petitioner, Surinder Mohan, seeks relief from felony convictions before the Mercer County Circuit Court for three counts of the charge of First Degree Sexual Abuse. On appeal, Petitioner asserts several issues of error by the lower court. Refuse 5- 0

19.  Keith West and Susan West v. West Virginia Department of Transportation, Division of Highways, a department or agency of the State of West Virginia; Paul A. Mattox, in his capacity as commissioner of highways - No. 090112. Petitioners, the West Virginia Department of Transportation, Division of Highways and Commissioner Paul A. Mattox, appeal following a Brooke County Circuit Court jury verdict in favor of the plaintiffs in the amount of more than $8 million. On appeal, petitioners argue that the lower court erred in failing to remit the judgment amount exceeding the DOH insurance coverage, and in failing to recognize that Endorsement No. 7 provides an exclusion to coverage under the State’s insurance policy. Grant 5- 0