1. Marjorie Maxey v. McDowell County Board of Education - No. 011674. Petitioner appeals from the circuit court’s order affirming the West Virginia Education and State Employee’s Grievance Board’s decision to uphold the Board of Education’s termination of petitioner’s employment for alleged insubordination and intemperance.

 

2. Raymond S. Morris v. Carl Casto - No. 012510. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendant in this personal injury action arising out of a dog bite incident.

3. Bradley S. Rohrbaugh v. Wal-Mart Stores, Inc. - No. 012516. Petitioner appeals an adverse jury verdict in this wrongful discharge action citing various evidentiary errors and the circuit court’s decision to bifurcate the trial.

 

4. Q. Ray Ungaro v. Keith L. Bowles - No. 012533. Defendant appeals from the circuit court’s order granting the plaintiffs a new trial after a defense verdict.

 

 

5. Michele M. Beto v. Daniel Stewart, M.D. - No. 012554. Defendant appeals from the circuit court’s order denying his motion for a new trial in this medical malpractice action.

6. Affiliated Construction Trades Foundation v. PSC/Big Sandy Peaker Plant - No. 012204. Plaintiff appeals from the circuit court’s adverse order in this declaratory judgment action in which plaintiff sought a declaration that the actions of the Wayne County Commission were not in compliance with the Industrial Development and Commercial Development Bond Act.

 

7. State of West Virginia v. Grant L. Lewis - No. 012570. Defendant pled guilty to voluntary manslaughter. He appeals from the circuit court’s order sentencing him to the maximum penalty allowed by statute.

 

8. Gary C. Beverage v. Pocahontas Board of Education - No. 012573. The plaintiffs appeal from the circuit court’s order that found that the defendants had violated the Open Governmental Proceedings Act but then only awarded attorney’s fees. The plaintiffs seek limited "make-whole" relief for the two individuals adversely affected by the violations of the Act.

 

9. Reginald Gray v. Kimberly Hughes - No. 012583. Petitioner mother appeals from the circuit court’s order affirming a family law master’s recommended decision awarding custody of petitioner’s minor children to their paternal grandparents, Reginald and Patricia Gray.

10. Brenda S. Gooch v. Timothy D. Gooch - No. 012584. Petitioner husband appeals from the circuit court’s order adopting the recommended order of the family law master as it relates to issues of equitable distribution, the parenting plan and the spousal support award.

 

11. Charles N. Slack v. Garland A. Wilson - No. 012591. The petitioners, Charles N. Slack and Doris A. Slack, appeal from an order entered in the Circuit Court of Kanawha County holding that they were not entitled to an easement of any kind through the property of the respondents, Garland E. Wilson and Judith J. Wilson. The dispute arose when the petitioners sought to place mobile homes upon their adjoining tract. The petitioners contend, inter alia, that the Circuit Court committed error because the petitioners had an express or, at least, an implied easement through the respondents’ property.

 

12. State of West Virginia v. Charles C. Damron - No. 012592. In this direct appeal, the petitioner, Charles C. Damron, challenges his convictions in the Circuit Court of Jackson County, upon pleas of guilty, to burglary and petit larceny. The petitioner contends, inter alia, that the convictions should be set aside because the Circuit Court did not act promptly in arraigning the petitioner and in appointing counsel to represent him.

 

13. SER Willis R. Stollings v. William Haines, Warden - No. 012621. The petitioner, Willis Ray Stollings, has filed an original petition for a writ of habeas corpus with this Court challenging his denial of parole by the respondent West Virginia Parole Board. The petitioner was convicted in the Circuit Court of Logan County in 1987 of first degree murder, with a recommendation of mercy. The conviction arose from the shooting death of the petitioner’s girlfriend. The petitioner contends, inter alia, that, in emphasizing his past criminal conduct rather than his progress while incarcerated, the respondent Parole Board abused its discretion and acted in an arbitrary and capricious manner in denying him parole.

 

14. Jessie Wellman v. Tri-County Mining and Charles Brewer - No. 020005. In this boundary dispute action, the petitioner (defendant below), Charles Brewer, appeals from an order entered in the Circuit Court of Mingo County denying him post-judgment relief from a jury verdict returned in favor of the respondent (plaintiff below), Jesse Wellman. Petitioner Brewer’s 43 acre tract of land adjoined respondent Wellman’s 50 acre tract of land, and the dispute involved a 6 to 7 acre parcel and the related entitlement to royalties from the mining activities of Tri-County Mining. Petitioner Brewer contends, inter alia, that the jury verdict was against the overwhelming weight of the evidence.

 

15. Nancy L. Ellithorp v. Gary Dean Ellithorp - No. 020023. In this divorce matter, the petitioner (defendant below), Gary Dean Ellithorp, appeals from an order entered in the Circuit Court of Putnam County upholding an agreed order entered in that Court to the effect that West Virginia, rather than Texas, would govern the petitioner’s child support and alimony responsibility to the respondent (plaintiff below), Nancy L. Ellithorp. The petitioner contends that the Circuit Court of Putnam County committed error when it ruled that the parties could confer jurisdiction in West Virginia by agreement.

 

16. George P. Velegol v. City of Weirton - No. 020030. The petitioners, George P. Velegol and Anthony Laquinta, appeal from an order entered in the Circuit Court of Brooke County upholding a police and fire service fee ordinance of the respondent City of Weirton, West Virginia. The petitioners contend that the ordinance is invalid because: (1) it was not properly enacted, (2) it improperly imposes a user fee upon non-users of the service and (3) the ordinance is unreasonable and discriminatory.

 

17. Doug Tennant v. Marion County Board of Education - No. 020032. The petitioner, Doug Tennant, appeals from an order entered in the Circuit Court of Marion County upholding a Level IV grievance decision denying his request for 35.5 days of donated time from the Sick Leave Bank of the respondent, Board of Education of Marion County. The petitioner’s request resulted from an absence from work due to an injury during which he exhausted his regular sick leave. The petitioner’s request for donated time was denied as untimely. The petitioner contends, inter alia, that he should have been awarded the requested time because the requirements of the Sick Leave Bank program, concerning when an application for donated time must be submitted, were not adequately communicated to the affected employees.

 

18. State of West Virginia v. Danny L. Evans - No. 020033. The petitioner, Danny L. Evans, appeals from an order entered in the Circuit Court of Pocahontas County sentencing him to 1 to 5 years in the penitentiary upon his conviction of 3rd offense domestic violence. The petitioner allegedly committed the offense against his wife, Melissa Evans, in downtown Marlinton, West Virginia. The petitioner contends, inter alia, that the Circuit Court committed error in allowing one of the investigating officers to express an opinion at trial that Ms. Evans, during the investigation, tended to minimize her problems with the petitioner.

 

19. Senior Trooper H. J. Baniak v. West Virginia State Police and Col. Gary Edgell - No. 020034. The petitioner, Senior Trooper H. J. Baniak, appeals from an order entered in the Circuit Court of Kanawha County affirming a Level IV grievance decision which upheld the respondent Superintendent’s discharge of the petitioner from his employment. The petitioner was discharged for allegedly driving a motor vehicle in Clarke County, Virginia, while under the influence of alcohol. The petitioner raises a number of assignments of error.

 

20. State of West Virginia v. Robert J. Reed, II - No. 012433. Criminal defendant seeks to appeal denial of habeas relief following an omnibus hearing on the basis of insufficiency of evidence and ineffective assistance of counsel.