March 23, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, March 23, 2005

1. Sheryl L. Green v. Board of Education of Raleigh County, et al. - 041390 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendant board of education on plaintiff's deliberate intent cause of action. Plaintiff seeks a reversal of the circuit court's order with instructions that her deliberate intent cause of action be reinstated and that defendants are not immune from liability. - Refuse 5 - 0.

2. State of W. Va. v. Carlotta Endicott - 041579 - Petitioner appeals the 1 to 10 year sentence she received after pleading guilty to one count of child neglect causing serious bodily injury. - Refuse 4 - 1, Starcher.

3. C&H Company v. PSC of W. Va.; City Cab of Charleston, Inc.; International Transportation of W. Va.; & Carol Jean Thomas - 042453 -Taxicab company appeals an order of the PSC approving a transfer of a Certificate of Convenience and Necessity. - Refuse 5 - 0.

4. City of Kenova v. PSC of W. Va.; W. Va. Water Development Authority; City of Huntington; City of Huntington Sanitary Board - 050096 - City of Kenova appeals a PSC order adopting tariff rates for City of Huntington Sanitary Board. - Refuse 3 - 2 , Albright & Benjamin.

5. Northern Wayne Co. PSD & Town of Ceredo v. PSC of W. Va., WV Water Development Auth.; City of Huntington, City of Huntington San. Bd. - 050104 - Northern Wayne County PSD and the City of Ceredo appeal an order of the PSC relating to sewer rates. - Refuse 3 - 2 , Albright & Benjamin.

6. State of W. Va. v. Chesdon James Haught - 041763 - Petitioner appeals his conviction for domestic battery and kidnaping for which he was sentenced to life in prison with a recommendation of mercy. - Grant 3 - 2, Davis & Maynard, as to issue #1 only.

7. Justin D. Bailey v. Mayflower Vehicle Systems, Inc., etc. - 042067 - The plaintiff appeals the circuit court's order granting judgment as a matter of law for the defendant on plaintiff's claims of discrimination in violation of the Worker's Compensation statute. - Grant 4 - 1, Maynard.

8. State of W. Va. v. Tom Webb - 041627 - Petitioner was convicted of one count of obtaining money or property by false pretenses. He appeals the conviction and the failure of the Court to grant a Motion for Directed Verdict. - Refuse 3 - 2 , Albright & Maynard.