Supreme Court of Appeals of West Virginia 1. Tracy Ann Ross and Darcie Lynn Christopher v. Hazem A.
Ashab, M.D. - 082172 - Defendant physician appeals from the circuit court's order granting plaintiffs' motion for a new trial in this medical malpractice action. Defendant asserts that there was no evidentiary error and that the jury verdict should be reinstated. -
Continued to April 7. 2. State of WV v. Gary D. Martin - 082320 - Gary D. Martin appeals his convictions and sentences for two counts of first degree murder with a recommendation of mercy and one count of second degree murder. He asserts problems with the chain of custody of evidence, disproportionate sentencing, and insufficiency of the evidence to warrant a finding of premeditation.
- Continued to April 8. 3. State of WV v. Michael J. Kanode, Sr. - 082384 - Michael Joe Kanode, Sr. was convicted of malicious assault, burglary, attempted murder in the first degree, violation of a protective order, wanton endangerment, and assault during the commission of a felony (to wit, shooting the victim during the course of burglary). He asserts that his convictions for malicious assault and wanton endangerment violate his right against double jeopardy; that there was insufficient evidence to support the burglary conviction; and that since he should not have been convicted of burglary, he could has a matter of law be convicted of assault during the commission of a burglary.
- Continued to April 7. 4. Kyle D. Ramey and Trina Ramey v. Contractor Enterprises,
Inc. - 082318 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendant employer in this deliberate intent action. Plaintiffs assert that the circuit court erred in determining that there was no genuine issue of fact on two of the elements required to maintain a deliberate intent action and failed to construe conflicting evidence in the light most favorable to plaintiffs, the non-moving party. Plaintiffs seek a reversal of the circuit court's order.
- Continued to April 8.
Motion Docket
Wednesday, March 25, 2009
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