In response, the Hospital contends that appellant did not prove her prima facie case of sexual harassment, as the nature of the sexual harassment case, as presented, failed to prove the damages alleged by the plaintiff. The hospital argues that appellant failed to establish causation and therefore the directed verdict was proper and should be upheld on appeal.

(Lisa Akers is represented by Nancy S. Brewer of Legal Aid of West Virginia, Huntington WV. Cabell Huntington Hospital, Inc. is represented by Thomas L. Craig and Molly K. Frick of Bailes, Craig and Yon, Huntington WV. An amicus curiae brief is filed by Georgia Lee Gates, Fairmont WV and Kathryn Reed Bayless, Princeton WV on behalf of West Virginia Employment Lawyers Association)

2.  MARIO PERITO, II V. COUNTY OF BROOKE, No. 31544 -  A certified question from the Circuit Court of Brooke County is presented to this Court. The certified question is: Whether a convicted felon who has been unconditionally pardoned by the Governor of the State of West Virginia is entitled to a restoration of rights such that the pardoned felon is exempted from the requirements of W. Va. Code §61-7-7 requiring convicted felons to petition the Circuit Court and prove by clear and convincing evidence that the felon is competent and capable of exercising the responsibility concomitant with the possession of a firearm.

The circuit court answers this question in the negative, holding there is no such exemption and the unconditionally pardoned felon must nonetheless petition as set forth in W. Va. Code §61-7-7.

Mario Perito contends the grant of an unconditional pardon operates as a constitutional restoration of his right to possess a firearm as an operation of law without the necessity of further affirmative action by the convict.

The County of Brooke argues the constitutional right to keep and bear arms is subject to reasonable regulation by the legislature and that constitutional right is not automatically restored by the grant of an unconditional pardon.

(Mario Perito, II is represented by Stephen D. Herndon, Wheeling WV. The County of Brooke is represented by David B. Cross, Brooke County Prosecuting Attorney, Wellsburg WV. Amicus curiae briefs were filed by Jon R. Blevins, Assistant Attorney General, Charleston WV, Fred J. Giggenbach, Jr. on behalf of the West Virginia Prosecuting Attorneys Institute, and John A. Rogers on behalf of West Virginia Public Defender Services.)

3.  Katherine Ann Hoover, M. D. v. West Virginia Board of Medicine, No. 31576 - Continued to April 28. 

4.  STATE V. JIMMIE MECCYA WILLIAMS, No. 31569 -  This is a criminal appeal from the Circuit Court of Kanawha County by the defendant who appeals his conviction for two felony counts of third degree sexual assault. He alleges that his conviction violates double jeopardy principles. He asserts that his previous conviction for abduction in Nicholas County arises from the same set of events that led to the Kanawha County conviction. He also argues that illegal wiretapping evidence was used against him, violating his rights against unreasonable search and seizure. Lastly, he raises the issue of credit for good time served and argues that the court erred by not crediting him with time served.

In response, the State argues that appellant's conviction for third degree sexual assault did not violate double jeopardy principles because third degree sexual assault does not have the same elements as abduction, nor is it a lesser-included offense of abduction. In response to the wiretapping issue, the State argues that the circuit court did not err by admitting the taped conversation because one of the parties to the taped conversation properly consented to the recording. Finally, the State argues that the time served by the defendant for which he is seeking credit was being served on a separate sentence that had not been discharged.

(Jimmie Meccya Williams is represented by Jennifer McGinley, Ballard-McGinley, Morgantown WV. The State is represented by Colleen A. Ford, Assistant Attorney General, Charleston WV.) 

5.  RALEIGH MINE AND INDUSTRIAL SUPPLY V. WILLIAM VIEWEG, COMMISSIONER, No. 31571 -  This is an appeal from the circuit court's order affirming the decision of the West Virginia Bureau of Employment Programs, Workers' Compensation Division, which determined that Raleigh Mine and Industrial Supply's acquisition of Teays Incorporated was a "succession" for the purposes of West Virginia workers' compensation law. On appeal, the appellant argues that in reaching this conclusion, there is a violation of rights of due process, violation of the doctrine of separation of powers, and the Commissioner exceeded his statutory, rule-making authority.

The Commissioner responds that appellant has misinterpreted the applicable workers' compensation law, and that the circuit court correctly applied the law in reaching its determination.

(Raleigh Mine and Industrial Supply is represented by Robert P. Martin and Robert W. Compton, of Campbell, Woods, Bagley, Emerson, McNeer & Herndon, PLLC, Charleston WV and William Vieweg, Commissioner is represented by William Ballard and Elizabeth A. Morgan, Bureau of Employment Programs, Charleston WV)