West Virginia Supreme Court of Appeals

Miscellaneous Motions Conference

Thursday, March 27, 2003

1. Marvin W. Masters
David L. White
R. Christopher Anderson
(Counsel for Petitioners)

Susan B. Saxe
(Counsel for Respondent)

Refuse 3 - 2
[ Maynard, J., McGraw, J. ]
 

 

State Troopers in State ex rel. Trooper Mike Lynch v. J. Michael Adkins, No. 030113, have filed an amended petition and seek a writ of mandamus to compel the West Virginia Consolidated Public Retirement Board to implement a prior decision of the Board to enroll certain troopers in one of two retirement systems.
2. Charles Houdyschell, Jr.
(Asst. Atty. Gen.)

Perry J. DeChristopher
(Asst. Pros. Atty.)

Withdrawn

Petitioner, Warden of the Anthony Correctional Center, in State of West Virginia ex rel. Scott Patterson v. The Honorable Russell M. Clawges, No. 030409, seeks a writ of mandamus to compel the circuit court to rule on the fitness of a specific offender to remain at the Center.
3. Christopher S. Smith
(Counsel for petitioner)

Stephen Stockton
(Sen. Asst. Atty. Gen.)

Grant 5- 0

 

The taxpayer and the Tax Commissioner in BB Enterprises, Inc. v. Joseph Palmer, No. 021755 and JDA Management, Inc. v. Joseph Palmer, 021756, jointly move to renew the petition for appeal out-of-time.
4. Dino S. Colombo
Richard W. Stuhr
(Counsel for petitioners)

David B. Cross
(Pros. Atty.)

Frank Cuomo
(Counsel for respondents)

Refuse 4 - 1
[ Maynard, J. ]

 

Medical Center in State of West Virginia ex rel. Weirton Medical Center v. The Honorable James Mazzone, No. 31147, moves for leave to supplement its petition for a writ of prohibition.
5. James K. Brown
Taunja Willis Miller
(Counsel for petitioner)

Rebecca Tinder
(Counsel for respondent State Bd. of Ed.)

Darrell V. McGraw, Jr.
(Atty. Gen.)

Refuse 4 - 1
[ Maynard, J. ]

 

Kanawha BOE in the Board of Education of the County of Kanawha v. West Virginia Board of Education, No. 030356, seeks a writ of mandamus to compel the State Board of Education to promulgate a rule to exclude part of the tax receipts of the local BOE which are devoted by law to non-school purposes in the computation of the School Financing Formula.
6. Stephen S. Burchett
D.C. Offutt, Jr.
(Counsel for Respondent Heffernan)

Thomas L. Craig, Jr.
Rebecca C. Brown (Counsel for Respondent Cabell Huntington Hospital)

Dwayne E. Cyrus
(Counsel for Respondent Univ. Of West Virginia Bd. Of Trustees)

Richard D. Lindsay
(Counsel for Petitioners)

Madonna Estep
(Counsel for Petitioners)

Refuse 4 - 1
[ Maynard, J. ]

Respondents in April L. King v. David Heffernan, M.D., Cabell Huntington Hospital, Inc., and the University of West Virginia Board of Trustees, No. 030020, move to strike portions of the petition for appeal and designation of record.
7. Brian S. Green
(Counsel for petitioner)

Scott Smith
(Pros. Atty.)

Refuse 4 - 1
[ Albright, J. ]

 

Petitioner in State of West Virginia ex rel. Jarrett L. Deitt v. James Spencer, No. 030371, files a petition for a writ of habeas corpus.
8. Harry M. Rubenstein
Jason S. Long

(Counsel for Petitioners)

3 Judge Panel -

N. Edward Eagloski, II,
Jennifer Bailey Walker and
John W. Hatcher, Jr.

Refuse 3 - 2
[ Maynard, J., McGraw, J. ]
 

 

Board of Education members Kenneth Vance and Kermit Friel in Norman Lee Alderman v. Dr. James B. Phares, No. --, seek to stay an order of a 3 judge panel effectively removing them as members of the Pocahontas County Board of Education pending appeal. 30 days of the March 19 Order and seek a stay of same.
9. Charlene A. Vaughan
(Petitioners' Counsel)

Judge Matish, pro se

Grant 4 - 1
[ Davis, J. ]

Petitioners DHHR and the Attorney General in State of West Virginia ex rel. West Virginia Department of Health and Human Resources and Darrell V. McGraw, Jr., Attorney General v. The Honorable James A Matish, No. 030507, seek a writ of prohibition against Judge Matish and an immediate stay of the Judge's order requiring an assistant attorney general (AAG) to serve as Special Prosecuting Attorney to represent DHHR in a civil child abuse and neglect case.