March 26, 2009

1.  Katherine L. McGlinchey and Katherine L. McGlinchey, as administratrix of the Estate of John W. Frye, deceased v. Michael Tripoli, Tina Tripoli, Craig P. Erhard, and Gary Dickson - No. 090114. Plaintiff appeals from the circuit court’s order dismissing the complaint against defendant in this action alleging slander of title in relation to a satisfied judgment lien against realty owned by plaintiff. Plaintiff seeks a reversal of the circuit court’s dismissal order. Refuse  5- 0

2.  West Virginia Retirement Board v. Nesselroad - No. 090123. The Consolidated Public Retirement Board appeals from the circuit court’s order overturning the Board’s administrative decision denying respondent’s request for reclassification of 6.592 years of service credit from the statutorily salary capped higher education years to full salary years (non-higher education years) and a corresponding recalculation of his annuity benefits. Accept to Motion Docket

3.  The County Commission of Jefferson County, Jefferson County, West Virginia, and Jefferson County Board of Education v. The Corporation of Ranson, aka the City of Ranson, and P. David Mills - No. 090111. Petitioner municipality appeals from the circuit court’s order granting the petition for a writ of mandamus filed by respondent county commission. The circuit court’s order mandates that petitioner comply with respondent’s Impact Fee Procedures Ordinance adopted under the Local Powers Act (W.Va. Code §7-20-1 et seq.) and refrain from issuing any type of city building permit for new construction until building permit applicants have paid county-imposed impact fees. Petitioner seeks a reversal of the circuit court’s order and a clarification of the relationship between cities and counties and their respective powers, including those under the Local Powers Act. 
Refuse  5- 0

4.  The Associated Press v. Steven D. Canterbury, Administrative Director of the Supreme Court of Appeals of West Virginia - No. 090122. Petitioner appeals from the circuit court’s order ruling that eight of thirteen e-mails were not public record because they did not contain information related to the affairs of government, former Justice Maynard’s "official acts" as a state officer, or the conduct of the public’s business, but that had Justice Maynard not recused himself from the Caperton cases and other cases involving Massey, the e-mails would have been placed into the public’s business. Petitioner seeks a reversal and asserts that the circuit court erred in refusing to order the disclosure of the requested public record. Grant  5- 0

5.  State of West Virginia v. Nathan Long - No. 090149. Defendant appeals from his convictions following a jury trial on three counts of first degree sexual assault and six counts of sexual abuse by a custodian. Defendant raises evidentiary and procedural error below, in addition to challenging the sufficiency of the evidence. Accept to Motion Docket

6.  State of West Virginia v. Gary L. Himes - No. 090150. Defendant appeals his sentencing following his guilty plea to first degree attempted robbery, burglary, malicious assault, breaking and entering, and two counts of conspiracy to commit robbery. Defendant asserts that his effective sentence of approximately 34 years is excessive and disproportionate to the sentences of his co-defendants. Defendant seeks either a reduction of his sentence or a full sentencing hearing in which the sentencing court elaborates upon the factors justifying the sentence imposed. Refuse  5- 0

7.  State of West Virginia v. Rodney Lantz - No. 090155. Defendant appeals his sentencing following his guilty plea to domestic battery, third or subsequent offense, a felony. Defendant was sentenced to one to five years in the penitentiary. Defendant seeks a reversal of his sentencing and asserts that the circuit court erred in not granting him alternative sentencing. Refuse  5- 0

8.  Putnam Bancshares, Inc., a West Virginia corporation d/b/a Putnam County Bank and T.C.’s Used Cars, LLC, a West Virginia limited liability company v. Progressive Classic Insurance Company, a corporation - No. 090074. Defendant Progressive Classic Insurance Company appeals the circuit court’s order granting summary judgment in favor of Plaintiff T.C.’s Used Cars, LLC on an insurance coverage issue. Grant  5- 0

9.  State of West Virginia v. Daniel Jason Chancey, Docket No. 090177, and State ex rel. Daniel Jason Chancey v. Teresa Waid, Warden, Huttonsville Correctional Center, Docket No. 090130 - No. 090177. Daniel Jason Chancey appeals the circuit court’s order amending and correcting his criminal sentence and denying his petition for habeas corpus. He asserts that the court failed to abide by an agreement to admit him to probation when a detainer was issued by the Commonwealth of Virginia. Accept to Motion Docket

10.  State of West Virginia v. Carlton Ray Guffey - No. 090167. Carlton Ray Guffey appeals his conviction for attempt to manufacture methamphetamine. He asserts, inter alia, that the circuit court erred by not suppressing his statement to police. Accept to Motion Docket

11.  Sandra K. Shaffer and Garnett Louise Godbey v. Jackee Long, Robert Brown, and West Virginia School Service Personnel Association - No. 090170. Defendants Jackee Long, Robert Brown, and the West Virginia School Service Personnel Association appeal after an adverse jury verdict in a libel and false light invasion of privacy case. Accept to Motion Docket

12.  Sandra K. Shaffer and Garnett Louise Godbey v. Jackee Long, Robert Brown, and West Virginia School Service Personnel Association - No. 090171. Plaintiffs Sandra K. Shaffer and Garnett Louise Godbey appeal the circuit court’s order granting a remittitur of damages. The jury awarded each plaintiff $400,000 for libel and false light invasion of privacy, but the court remitted the damages to $40,000 for each plaintiff. Accept to Motion Docket

13.  State of West Virginia v. Charles J. Lively - No. 090183. Charles J. "Jason" Lively appeals his conviction for felony murder with a recommendation of mercy. He asserts improper admission of 404(b) evidence, erroneous jury instruction, insufficiency of the evidence, and a violation of his right of confrontation. Accept to Motion Docket

14.  State of West Virginia v. Dallas Daron Hughes - No. 090184. Dallas Hughes appeals his conviction for first degree murder with mercy, the use or brandishing of a firearm in the commission of murder, wanton endangerment, fleeing police officers, and making a false report of emergency. He alleges multiple errors regarding the State’s pursuit of a felony murder theory, that certain jurors should have been struck, and the cumulative prejudicial impact of trial errors. Grant 3-2 (Davis, J., Workman, J.)

15.  State of West Virginia v. Keith D. Payne - No. 090196. Keith D. Payne appeals the sentence he received for his convictions of domestic battery and misdemeanor obstructing an officer, both misdemeanors. He argues that the court erred by considering evidence outside of the record and the pre-sentence report when sentencing him to consecutive one year jail sentences for each offense. Grant 3-2 (Workman, J., Ketchum, J.)

16.  W. Va. Oil and Natural Gas Association, et al. v. Ronald Wooton - No. 090202. Petitioners, the West Virginia Board of Coal Mine Health & Safety, appeals the Kanawha County Circuit Court’s issuance of a rule to show cause and stay of enforcement of West Virginia C. S. R. §§ 37-27-2 and 14.  Deferred.

17.  Samuel Scarbro v. Transunion and AFNI, Inc. - No. 090209. Petitioner, Samuel Scarbro, seeks a reversal of a Raleigh County Circuit Court Order entered on September 15, 2008, granting Summary Judgment in favor of AFNI, Inc. Based upon the lower court’s Order, petitioner’s Complaint against Respondent AFNI, Inc. for alleged violations of the West Virginia Consumer Credit and Protection Act was dismissed. Refuse 4-1 (Benjamin, C. J.)

18.  Bernard Hickman v. Department of Transportation, Division of Motor Vehicles and Commissioner Joseph Cichirillo - No. 090224. Petitioner Bernard Hickman seeks to overturn the Final Order of the Commissioner of Motor Vehicles suspending his driving privileges following an arrest for Driving Under the Influence of Alcohol. The Kanawha County Circuit Court upheld the Commissioner’s decision. Refuse  5- 0

19.  Jane Doe v. Kanawha County Board of Education, Larry Pauley, National Union Fire Insurance Company of Pittsburgh, PA and Scottsdale Insurance Company - No. 090003. Petitioner National Union Fire Insurance Company of Pittsburgh, PA brings this petition to appeal the Kanawha County Circuit Court’s Order dated August 14, 2008, which denied Petitioner’s Motion for Summary Judgment. National Union also seeks reversal of the Court’s finding that insurance coverage exists for Larry Pauley under three of five coverage parts of the relevant insurance policies. Deferred.