March 2, 2010 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Tuesday, March 2, 2010

1. Philip Michael Collins v. Howard Painter, Warden - 091539 - Petitioner appeals from the circuit court's order denying his petition for habeas relief. Petitioner challenges the rulings of the circuit court and their sufficiency under applicable law. Petitioner seeks a reversal of the circuit court's order and the award of a new trial. - Refuse 5-0

2. Michael O’Dell v. Robert and Virginia Stegall - 091667 - Defendants appeal from an adverse jury verdict in this action brought by plaintiff seeking to establish a prescriptive easement. The jury found that plaintiff had established the existence of a prescriptive easement and, on plaintiff's claim that defendants had interfered with his easement, the jury awarded compensatory damages in the amount of $5,300 and punitive damages in the amount of $4,700. Defendants seek an independent review and reversal of the punitive damage award; a reversal of the compensatory damages award; and a definition of plaintiff's use of the prescriptive easement and limiting such use to egress from plaintiff's house to the highway by an existing 12 foot gravel lane situated in the center of a 25-foot right-of-way. Defendants do not seek a new trial. - Grant 5-0

3. State of WV v. Gregg Dulaney Smith - 091727 - Petitioner appeals his convictions of Malicious Assault (hammer); Malicious Assault (shotgun); Wanton Endangerment Involving a Firearm; and Attempted First Degree Murder. On April 8, 2009, the Ritchie County Circuit Court sentenced petitioner to a combined 12 years to 35 years of consecutive sentences. - Grant 3-2 (Workman, McHugh)

4. Meredith D. Williams v. WV Division of Motor Vehicles and Cicchirillo, Commissioner - 091655 - The DMV appeals from the circuit court's order reversing an order of revocation on the basis that the DMV's second order of revocation, after rescinding its initial order of revocation, was contrary to W.Va. Code §17C-5A-1a(d). The DMV seeks a reversal of the circuit court's order. - Grant 4-1 (Ketchum)

5. David S. Moran v. Thermal View Contracting, et al. - 091779 - Defendants appeal from an adverse jury verdict in this wage claim action, which included claims for defamation and loss of consortium. Defendants raise issues related to the non-compete agreement, attorney's fees, and whether treble damage awards were applicable in the case-at-bar. - Grant 5-0