March 14, 2006 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, March 14, 2006

1. State of W. Va. v. James Mineer - 052906 - Defendant appeals from the circuit court's order denying his motion for a reduction of sentence. - Refuse 3 - 2, Starcher & Albright.

2. John Parsons and Sherrie Parsons v. Russell L. Schreiber, D.O. - 052467 - Defendant Russell L. Schreiber, D.O. appeals in a medical malpractice case. - Refuse 3 - 2, Maynard & Benjamin.

3. SER John R. Phillips v. Thomas McBride, Warden - 052944 - Petitioner John R. Phillips appeals the denial of his petition for post-conviction habeas corpus. He was previously convicted of two counts of aggravated robbery and one count of kidnapping. - Grant 5 - 0 and Remand.

4. State of W. Va. v. Kevin Ray Middleton - 052933 - Kevin Ray Middleton appeals his conviction and sentence for one count of sexual abuse by a parent, guardian or custodian and one count of first degree sexual abuse. - Grant 4 - 1, Maynard.

5. Diana Martin v. Roger Lee Martin - 051887 - Defendant appeals from the trial court's post-trial order denying defendant's motion to re-occupy certain real property, upholding the jury's verdict on the issue of ownership of that property, and granting a new trial on the issue of damages in this action seeking to quiet title. - Refuse 3 - 2, Starcher & Albright.

6. Clarence D. Good, Jr. v. PNGI Charles Town Gaming Limited Liability Co., doing business as Charles Town Races & Slots, et al. - 052590 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants in this action for injunctive relief and damages for abuse of process, intentional infliction of emotional distress, defamation, and fraudulent misrepresentation. - Refuse 3 - 2, Starcher & Albright.