Requests for Oral Presentation
and
Petitions for Appeal
March 30, 1999
1. State of West Virginia v. James R. Stephens, No.
990037. Defendant appeals conviction of first degree sexual assault (15 to 35) and
conviction of the offense of sexual abuse by a custodian (5 to 15).
Grant 3-2
[Workman, J., Maynard, J.]
2. William D. Adams v. S. R. A., No. 990050. Petitioner,
natural mother of two minor children, intervened in an adoption petition seeking to
withdraw her consent and have her minor children returned to her.
Grant 3-2
[Workman, J., Davis, J.]
3. University of WV v. Thomas Aglinsky, No. 990051.
Claimant appeals lower court order reversing the West Virginia Bureau of Employment
Programs, Board of Review and Deputy Commissioner decisions and finding that the claimant
was disqualified from benefits for gross misconduct.
Grant 4-1
Submit On Brief
[Maynard, J.]
4. Rhonda L. Szakacs v. Ernest Szakacs, Jr., No. 990052.
Defendant in a post-divorce proceeding appeals order with respect to child support
arrearages and award of attorney fees.
Refuse As Premature
5-0
5. Charles Ray Edgell v. George Trent, Warden, No.
990054. Petitioner appeals lower court denial of his petition for writ of habeas corpus.
Petitioner had been found guilty of three counts of second degree sexual assault and
sentenced to three concurrent 10 to 20 year terms of imprisonment.
Grant 2-2
[Workman, J., Maynard, J.]
[Starcher, C.J. Disqualified]
6. State of West Virginia v. Daniel J. Asumendi,
No. 990059. Defendant appeals conviction of second degree sexual assault. He was sentenced
to 10 to 25 years. The sentence was suspended and he was placed on probation for a period
of 5 years.
Refuse 5-0
7. Superior Mobile Home v. WVHRC, No. 990075. Petitioner
appeals lower court order affirming the decision of the Human Rights Commission in a Fair
Housing Act case finding discrimination and awarding the complainant $31,992.88 for
out-of-pocket interest charges incurred incident to the alleged act of discrimination,
$3,000.00 for humiliation and embarrassment and $19,292.60 in attorney fees.
Refuse 4-1
[Davis, J.]
8. Hartzel Ray Forester v. WV State Penitentiary No.
990089. Petitioner appeals lower court order denying a petition for Writ of Habeas Corpus.
Petitioner was convicted of first degree murder and sentenced to life without the
possibility of parole.
Refuse 5-0
9. Nina R. Harbaugh v. Christ Coffinbarger, No. 990087.
The petitioner, representing the estate of an 18 year old killed by way of a handgun while
attending a party, appeals from an order entered in the Circuit Court of Berkeley County
granting summary judgment in favor of the respondents. The respondents include the parents
of the individual who brought the handgun to the party and the owners of the home where
the party took place.
Accept
10. Ronald Joe Houck v. Cynthia L. Houck, No. 990090. The
petitioner, Cynthia Lynn Houck, appeals from an equitable distribution order entered in
the Circuit Court of Wayne County. According to the petitioner, her federal bankruptcy
proceeding was not properly considered by the circuit court, resulting in the circuit
court's failure to award her a proper share of the proceeds from the sale of the marital
residence.
Refuse 5-0
11. State of West Virginia v. Ira Greene, No.
990093. The petitioner challenges his conviction in the Circuit Court of Cabell County of
unlawful wounding.
Refuse 5-0
12. Dennis H. Burks v. Joe Miller, Commissioner, No.
990096. The petitioner, the Division of Motor Vehicles, challenges an order entered in the
Circuit Court of Raleigh County reversing the administrative revocation of the
respondent's drivers license.
Grant 3-2
[Starcher, C.J., McGraw, J.]
13. Roger G. Fussell v. Preston Fuel &
Propane, No. 990097. The petitioner, Fussell, appeals from an adverse jury verdict
returned in the Circuit Court of Randolph County. The action concerns a gasoline spill at
the petitioner's convenience store.
Refuse 4-1
[McGraw, J.]
14. Harold F. Flint v. Harrison County BOE, No. 990098.
The Harrison County Board of Education appeals from a ruling of the Circuit Court of
Harrison County to the effect that nine service employees of the Board, hired under a
240-day annual contract, are entitled to compensation under a 261- day annual contract.
Grant 3-2
[Starcher, C.J., McGraw, J.]
15. Patrick Rundle v. Cynthia P. Keane, No. 990136. The
petitioners, Patrick Rundle and Sandra Rundle, appeal from an adverse jury verdict
returned in the Circuit Court of Monongalia County. The jury found that the action,
concerning the continuing tort of surface water damage to a commercial building, was not
timely filed.
Accept
16. Continental National v. R. Castelli, Inc., No.
990149. The petitioner, Continental National Indemnity Company, appeals from a summary
judgment granted by the Circuit Court of Brooke County in favor of the respondents. The
appeal concerns whether an insurance policy issued by Continental afforded coverage for
damage caused by an insured vehicle to the named insured's own property.
Refuse 5-0
17. Michelle L. Allen v. Jesse W. Allen, No. 990099. The
petitioner, the mother of an infant child, appeals from an order entered in the Circuit
Court of Wayne County awarding custody to the father. Both parties have alleged child
abuse against the other.
Refuse 3-2
[Davis, J., Workman, J.]
[Workman, J. would grant, appoint a guardian ad litem and expedite.]
18. James F. Wygal, III v. Shawn A. Jones, No.
990151. The petitioner, James F. Wygal, appeals from a summary judgment entered in the
Circuit Court of Cabell County in favor of intervenor State Farm Mutual Automobile
Insurance Company. At issue is a "family use exclusion" contained within one of
two applicable State Farm policies.
Refuse 3-2
[Starcher, C.J., McGraw, J.]