3.  State of W. Va. v. Roger Eric Jones - 052947 - Petitioner was convicted for First Degree Murder and sentenced to life in prison with no possibility of parole. The defendant appeals on jurisdiction/venue and evidentiary grounds and seeks reversal of his conviction and remand for a new trial. -  Grant 3 - 2 ,  Davis & Maynard. On issue #2 only.

4.  In Re: Asbeston Personal Injury Litigation Jack Edward Lynch & Adah C. Lynch, his wife v. 20th Century Corporation of Texas, et al. - 052898 - efendant submits its petition to accept certification seeking a review of the certified questions submitted by the circuit court, which address the use of the doctrine of offensive collateral estoppel in a deliberate intent mass asbestos litigation. The certified questions are as follows:

1. Can the doctrine of offensive collateral estoppel be used to estop a defendant from defending against plaintiffs' claims in future litigation on the basis of a jury's answers to interrogatories rendered in the first phase of a bifurcated mass-trial where the subsequent phases have not occurred and where appeals have not been resolved?

The Circuit Court of Kanawha County answered this question, "Yes."

2. Does the doctrine of offensive collateral estoppel apply to estop a defendant from defending against plaintiffs' claims of Deliberate Intent liability under West Virginia Code § 23-4-2 on the basis of a jury verdict against the defendant on claims of negligence in which the jury determined that the defendant's premises were "unreasonably dangerous" and awarded punitive damages and which was rendered in different proceedings and on behalf of a separate group of plaintiffs that specifically did not include any of the defendant's employees?

The Circuit Court of Kanawha County answered this question, "Yes."

3. Does the doctrine of offensive collateral estoppel apply in a mass trial situation to estop a defendant from generally defending against plaintiffs' premises liability claims on the basis of a prior ruling against that defendant in the first phase of a bifurcated trial in a different mass trial proceeding and on behalf of a separate group of plaintiffs whose work history, involvement with the defendant and precise injuries were not specified?

The Circuit Court of Kanawha County answered this question, "Yes." -  Refuse 3 - 1, Maynard.   Davis disqualified.

5.  American Disposal Services of W. Va., Inc. v. PSC of West Virginia & Jacob F. Jochum, Jr. - 060475 - Petitioner appeals a PSC order granting a Certificate of Need. - Continued to June 6.

6.  State of W. Va. v. Eddie Mullins - 060014 - Defendant appeals from the circuit court's order denying his motion to suppress audio/video evidence. Defendant entered a conditional guilty plea which allows him to appeal the circuit court's decision in this regard. -  Grant 3 - 2 ,  Davis & Maynard.

7.  Rodney W. Clay v. T. Denise Clay - 060035 - Petitioner husband appeals from the circuit court's order affirming the decision of the family court denying his petition for modification of his monthly child support obligation. -  Refuse 5 - 0.

8.  Jessica Robbins v. Michael T. Wayt, M.D. - 060133 - The defendant in a medical malpractice action appeals the circuit court's order granting a new trial in light of Louk v. Cormier. -  Refuse 4 - 1, Maynard.

9.  Michael Giannini v. The Firemen’s Civil Service Commission of the City of Huntington, & David A. Felinton, Mayor of the City of Huntington - 060124 - The City of Huntington appeals the circuit court's decision which reversed the Huntington Firemen's Civil Service Commission. The commission had upheld the termination from employment of Huntington Firefighter Michael Giannini, but the circuit court found that there was not just cause for termination. -  Grant 5 - 0.

10.  State of W. Va. v. Tony Franklin Daugherty, Sr. - 060286 - Petitioner appeals the December 27, 2005 order of the circuit court denying a Motion for a New Trial. On September 30, 2004, petitioner was convicted, following a jury trial, on four counts of sexual abuse by a parent, guardian or custodian. -  Grant 3 - 2 ,  Davis & Maynard.  On issue #1 only.

11. SER Darrell V. McGraw, Jr., Attorney General v. Imperial Marketing, Inc. and Seta Corporation of Boca, Inc. - 060213 - The defendant, Seta Corporation of Boca, Inc., appeals the circuit court's award of summary judgment in favor of the plaintiff, the West Virginia Attorney General, and the circuit court's denial of relief from this judgment under Rule 60(b). -  Grant 4 - 1,  Starcher.

12.  State of W. Va. v. Vernon Henderson Dunlap, Jr. - 060177 - Defendant appeals his conviction for first degree murder. He was sentenced to life in prison without mercy.  - Refuse 3 - 2,  Starcher & Albright.