Argument
Docket Wednesday, March 3, 2010
Supreme Court of Appeals of West Virginia
Argument
Docket
Wednesday, March 3, 2010
1. Jane Rissler, et al. v. The Jefferson County Board of Zoning Appeals, et al. - 35274 - Jane Rissler et al. appeal the circuit court's order denying their petition for writ of certiorari challenging the Jefferson County Board of Zoning Appeal's decision to grant a conditional use permit to Thornhill, Inc. for the development of a residential housing project in a district zoned as rural. Petitioners assert that two BZA members and a BZA attorney had conflicts of interest, and that the circuit court misinterpreted a zoning ordinance regarding sewer systems.
2. Fred and Sharon Johnson v. Board of Stewards of Charles Town Races - 35285 - Fred and Sharon Johnson appeal the circuit court's order which affirmed the W.Va. Racing Commission's order which affirmed the order of the Board of Stewards of Charles Town Races. The Johnsons' horse won the 2007 Breeder's Classic, but the Board of Stewards disqualified the horse and ordered the redistribution of the purse because the horse tested positive for the presence of caffeine in its system.
3. State of West Virginia v. William M. - 35130 - William M. appeals his conviction for four counts of Sexual Abuse by a Parent, Guardian or Custodian, and two counts of Sexual Assault in the Third Degree. He asserts, inter alia, that the State failed to disclose exculpatory material; he should receive a new trial because of newly discovered evidence; the court failed to properly evaluate the State's 404(b) evidence; the court committed evidentiary error; and cumulative error.
4. James L. Groves, III v. Joseph Cicchirillo, Comm’r., WV Div. of Motor Vehicles - 35132 - Commissioner Joe E. Miller, of the West Virginia Division of Motor Vehicle, appeals the Marshall County Circuit Court's Order which reversed the Commissioner's order on the basis that the testimony of the officer alone did not support the findings of the Commissioner in the Final Order. Commissioner Miller seeks reversal of the circuit court's order and reinstatement of the Commissioner's Final Order and the license revocation.
5. James Michael Casey, D.V.M., M.S. v. WV Board of Veterinary Medicine - 35288 - The West Virginia Board of Veterinary Medicine appeals from the circuit court's order granting respondent a writ of mandamus and finding that he had met the qualifications for licensure by reciprocity. The Board had deemed respondent's application for licensure in West Virginia to be incomplete. The Board seeks a reversal of the circuit court's order.
6. State of West Virginia v. Darrell Eugene Smith - 35133 - Petitioner Darrell Eugene Smith appeals his convictions and sentences for sexual abuse and sexual abuse by a custodian. Petitioner seeks a reversal and remand of the case to the circuit court for a new trial.
7. Clarence T. Coleman Estate v. R.M. Logging, Inc., Clonch Industries, et al. - 35139 - The Clarence T. Coleman Estate by its co-administrators appeal the circuit court's granting of summary judgment in favor of the defendant employer, R.M. Logging, Inc., in a deliberate intent action. The court held that plaintiffs failed to present evidence of at least two of the required elements of deliberate intent.
8. In Re: Katelyn T. and Joel T. - 35138 - Petitioners GAL and DHHR appeal the lower court's decision dismissing an abuse and neglect petition against Respondent/Mother, arguing that there was clear and convincing evidence that sexual abuse occurred and that Petitioner/Mother refused to acknowledge that Michael A., Sr., committed sexual abuse upon her children and, therefore, failed to protect her children.
9. Putnam Bancshares, Inc., et al. v. Progressive Classic Ins. Co. - 34769 - Defendant Progressive Classic Insurance Company appeals the circuit court's order granting summary judgment in favor of Plaintiff T.C.'s Used Cars, LLC on an insurance coverage issue.
The briefs and other filings are provided in PDF format.
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