Supreme Court of Appeals of West Virginia

 Argument Docket  
Wednesday, March 31, 2010

1.  SER Max Paul Kitchen v. Howard Painter, Warden  - 34713 - Max Paul Kitchen appeals the circuit court's denial of his omnibus petition for post-conviction habeas corpus. He was previously convicted of first degree murder without a recommendation of mercy and conspiracy to commit malicious assault. He asserts ineffective assistance of counsel, erroneous admission of evidence, failure to instruct regarding improper prosecutorial comments, failure to disqualify two jurors for cause, and cumulative error.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

2.  Michelle Isaacs v. Daniel P. Bonner  - 35284 - Plaintiffs appeal an adverse decision of the circuit court following a bench trial in this action for statutory liquidated damages and attorney's fees under the Wage Payment and Collection Act. Plaintiff seeks a reversal, an order directing defendant to pay liquidated damages, a remand for a determination of attorney's fees, a reversal of the decision finding plaintiff liable to defendant for fraud, a reversal of the award of punitive damages and attorney's fees in favor of defendant, and a remand for further consideration.

• Circuit Court Order
• Response as Brief of Daniel Bonner
• Appellant's Brief/Michelle Isaacs
• Appellee's Brief
• Amicus Brief of W. Va. Division of Labor 
• Amicus Brief of W. Va. Employment Lawyers 
• Reply Brief

3.  SER Richmond American Homes of WV, Inc., et al. V. Hon. David Sanders, Judge - 35440 - Petitioner in State of West Virginia ex rel. Richmond American Homes of West Virginia, Inc., and M.D.C. Holdings, Inc. v. The Honorable David H. Sanders, No. 091796, seeks a writ of prohibition to challenge an order which strikes the answers and defenses of petitioner and enters default judgment against petitioners.

• Petition for Writ of Prohibition
• Plaintiff's Opposition to Petition

4.  In Re: Faith C., Sophia S. and Madelyn S. - 35452 - Petitioners/Children, through the GAL, appeal the court's decision to not terminate parental rights, but to grant an improvement period instead.

• Appellant's Brief

5.  SER Charles E. Walls v. Circuit Court of Logan County - 35451 - Petitioner seeks to compel the lower court to rule on his petition for writ of habeas corpus and his motion for production of transcripts.  - Dismissed. 

• Petition

The briefs and other filings are provided in PDF format. 
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