Supreme Court of Appeals of West Virginia
SUPREME COURT CHAMBER 1. State of W. Va. v. Michael Rogers - 31566 - Petitioner appeals his conviction for burglary and conspiracy to commit burglary. - Continued to April 28. 2. (#) Brenda Brum, et al. v. Wood County Board of Education - 31596 - Petitioners appeal the circuit court's order which upheld the decision of the WV Education and State Employees Grievance Board. The Grievance Board found that petitioners were not denied due process with respect to their proposed employment transfers. 3. Kevin Neiswonger, et al. v. Officer B. K. Hennessey, et al. - 31274 - Petitioner appeals from a decision of lower court granting summary judgment based upon Federal Judge Irene Keeley's prior order granting a motion to dismiss. On appeal, petitioners request that this Court reverse the three orders dismissing the claim and the granting of summary judgment in favor of the defendants.
Continued to May 25. 4. David M. Jackson v. State Farm Mutual Automobile Insurance Co. - 31372 - This case falls under the West Virginia Unfair Claims Settlement Practices Act, more specifically, Code Section 33-11-4(9)(d) and (f), arises as a result of an accident which occurred on 5/16/96, when a vehicle being driven by the plaintiff was struck in the rear by a vehicle being driven by State Farm's insured, Teri Smoot. The Circuit Court granted Summary Judgment, finding violations as a matter of law by State Farm. David M. Jackson v. State Farm Mutual Automobile Insurance Co. - 31643 - State Farm appeals an adverse jury verdict and the circuit court's denial of several motions in a third-party Unfair Claims Settlement Practices Act case. A jury found that State Farm had intentionally and maliciously denied a valid claim and awarded $89,000 in compensatory damages and $1,250,000 in punitive damages. State Farm alleges multiple trial errors. This petition arises from the same case as docket number
31372. 5. Joseph Coleman v. Howard Painter, Warden - 31394 - Petitioner appeals the circuit court's denial of his petition for a writ of habeas corpus. He was previously convicted of nineteen counts of sexual abuse and/or assault of his stepson. He asserts ineffective assistance of counsel and multiple trial errors.
- To be submitted on briefs only without oral argument. 6. Kenneth Ingram Adkins v. M. Timothy Koontz - 31510 - Adkins appeals the circuit court's 11/01/02 Dismissal Order, in which the court dismissed his civil action against Koontz under Rule 41(b) of the West Virginia Rules of Civil Procedure because there had been no activity in the case for more than one (1) year.
- Dismissed. 7. SER Clyde H. Richey v. Col. Howard E. Hill, Jr., et al. - 31676 - The petitioner seeks issuance of a writ of mandamus against the head of State Police and the local prosecutor to perform DNA testing of
certain prosecution evidence based upon the involvement of Fred Zain in the underlying criminal case. 8. SER Earnest Pauley v. Hon. Jay M. Hoke, Judge - 31677 - Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Boone County to set a date certain for Petitioner/Inmate's transport to Family Services of Kanawha Valley so that Petitioner/Inmate might be enrolled in the sexual offenders program in order to make him eligible for probation.
- Dismissed. 9. SER Sylvia J. Bourne v. Robert J. Smith, Comm’r, WCEB, et al. - 31680 - Dismissed. 10. SER Erik P. Wells v. Hon. James A. Matish, Judge, et al. - 31684 - The petitioner, a former news anchor, seeks a writ of prohibition to prohibit the enforcement of a lower court order requiring him to
submit certain pending claims to arbitration.
Argument
Docket
Tuesday, March 30, 2004
State Capitol
(#) Justice Albright disqualified
This case will be heard immediately following case no. 2.
(
*
) Justice Starcher disqualified
Judge Zakaib sitting by temporary assignment
Wednesday, June 16, 2004