1.    State of West Virginia v. Jackie Dane Terry, No. 010523. Defendant was convicted of second degree murder and he was sentenced to 30 years in the State Penitentiary. Defendant appeals his conviction raising primarily constitutional issues.

Refuse 3-2
[Albright, J., Starcher, J.]

2.    John W. Ash v. Paula J. Ash, No. 010526. Plaintiff appeals from the circuit court's order denying his petition for a modification of the alimony provided for in the final divorce decree.

Grant 4-1
[Davis, J.]

3.    Kathy Feliciano v. James G. McClung, No. 010513. Plaintiff appeals from the circuit court's order denying post-judgment execution on the proceeds from defendant's workers' compensation permanent total disability award.

Grant 5-0

4.    Hobart Howerton v. Tri-State Salvage, Inc., No. 010515. Plaintiff appeals from the circuit court's denial of his motion to reconsider the circuit court's earlier order, which denied plaintiff's motion to reinstate his personal injury action.

Grant 5-0

5.    The Gallagher Group v. State of West Virginia Department of Administration, No. 010517. Plaintiff appeals from the circuit court's order ruling that no insurance coverage was available for plaintiff's alleged damages arising out of a breach of contract based upon the circuit court's interpretation of the policy language and Arnold Agency v. WV Lottery Comm'n (1999).

Refuse 4-1
[McGraw, C.J.]

6.    Robert E. Weiford and Patricia A. Weiford and Mary Ingles Trail Associates, Incorporated v. G. Russell Goff, No. 010528. Plaintiffs appeal from the circuit court's order ratifying, confirming and approving a written mediation settlement agreement and modifying that agreement to include certain vehicle restrictions on the use of a roadway.

Refuse 3-2
[Starcher, J., McGraw, C.J.]

7.    Iona M. Legg v. Lang Brothers, Inc., No. 010537. Plaintiff appeals from the jury's verdict rendered in favor of defendant in this personal injury action arising out of an automobile accident.

Refuse 4-1
[McGraw, C.J.]

8.    Ray Phillip Hess d/b/a Hess Service Center v. Tax Commissioner of the State of West Virginia, No. 010539. The Tax Commissioner appeals from the circuit court's order reversing the Tax Commissioner's administrative decision and holding that the taxpayer's remuneration in the form of commissions is not subject to consumer sales and service tax.

Refuse 5-0

9.    Honorable Johnny Linville, Mayor of the Town of Kermit, West Virginia and Johnny Maynard, Chief of Police of the Town of Kermit, West Virginia v. M. Timothy Crum, et al., No. 010538. Plaintiffs appeal the circuit court's order refusing to apply the West Virginia Wage Payment and Collection Act to municipalities so as to award them liquidated damages and attorney's fees. They also appeal the circuit court' denial of their requests for declaratory and injunctive relief.

Accept for Motion Docket

10.    Dorsey Wiseman and Harriet C. Wiseman v. Charles E. Stanley and Atha Trucking, Inc., No. 010549. Plaintiffs appeal from the circuit court's order granting defendant's motion in limine to exclude the testimony of plaintiffs' medical expert on the basis that under a Daubert analysis, the circuit court find no support that the proposed expert testimony met any of the five required factors.

Defer

11.    Isabel J. Bryan v. Big Two Mile Gas Co., No. 010552. The petitioner, Isabel J. Bryan, appeals from an order entered in the Circuit Court of Cabell County, inter alia, awarding her a 1/8th royalty for gas wrongfully converted from a gas well and sold by the respondent, Big Two Mile Gas Company. One of the issues raised by the petitioner concerns whether, in view of the wrongful conversion, she was entitled to the actual value of gas sold, rather than a 1/8th royalty.

Grant 4-0
[Albright, J., Disqualified]

12.    Helen J. Wilson v. Westbrook Health Services, Inc., No. 010553. The petitioner, Westbrook Health Services, Inc., appeals from an order entered in the Circuit Court of Wood County granting summary judgment in favor of the respondent, Helen J. Wilson, based upon this Court's decision in Meadows v. Wal-Mart, 207 W.Va. 203, 530 S.E.2d 676 (1999). Based upon Meadows, the Circuit Court held that the respondent was entitled to payment for unused sick leave upon separation from employment, since the petitioner's written leave policy was silent upon that issue. The petitioner contends that, under the subsequent 3per curiam opinion in Ingram v. City of Princeton, No. 26351 (W.Va. - 7/12/00), the respondent was not entitled to payment for unused sick leave. An unrelated portion of this action, State ex rel. Westbrook Health Services, Inc. v. Judge Hill, No. 28591, was submitted to this Court for decision on January 1, 2001.

Accept for Motion Docket

13.    State of West Virginia v. Samuel B. Evans, No. 010572. The petitioner, Samuel B. Evans, appeals from his convictions in the Circuit Court of Mingo County of third offense driving under the influence of alcohol and third offense driving while his operator's license was revoked. The petitioner contends that he stipulated to his prior convictions and that, therefore, under the principles of State v. Nichols, the Circuit Court committed error in allowing the State to relate his prior convictions to the jury.

Grant 3-2
[Maynard, J., Davis, J.]

14.    SER Robert E. Carter v. Howard Painter, Warden, Mount Olive Correctional Center, No. 010563. The petitioner, Robert Eugene Carter, appeals from an order entered in the Circuit Court of Berkeley County denying him relief in habeas corpus. In the underlying case, the petitioner was convicted of two counts of malicious assault upon a correctional officer and one count of battery upon a correctional officer. This Court affirmed the convictions in State v. Carter, 204 W.Va. 491, 513 S.E.2d 718 (1998) [Maynard, J.]. The petitioner contends that, although this Court, in Carter, addressed the statutory three term rule, the petitioner's right to a speedy trial, in the constitutional context, was violated.

Refuse 5-0

15.    Peter S. Hartman v. Morningstar Building Co., Inc., No. 010571. The petitioner, Peter S. Hartman, appeals from an order entered in the Circuit Court of Berkeley County dismissing his action against respondent Village Limited Liability Company and Judy Morningstar for failure to prosecute. The dismissal followed this Court's decision in Hartman v. Morningstar Building Company, 206 W.Va. 616, 527 S.E.2d 160 (1999), wherein a prior dismissal of the action for failure to prosecute was reversed for failure to afford the petitioner adequate notice and hearing. The petitioner contends that dismissal was unwarranted, especially since the respondent was not prejudiced by the inactivity in the action.

Grant 3-2
[Maynard, J., Davis, J.]

16.    Curtis Gunnoe v. Raleigh County Board of Education, No. 010573. The petitioner, Curtis Gunnoe, appeals from an order entered in the Circuit Court of Kanawha County affirming a Level IV grievance decision. The Level IV Administrative Law Judge held that, except for one instance, the petitioner did not work out of his classification as a Custodian III for the respondent, Raleigh County Board of Education, during the summer of 1997. The petitioner contends that he worked out-of-classification during that summer and should have been paid at the multi-classification Custodian III / Electronic Technician rate.

Refuse 4-1
[McGraw, C.J.]

17.    State of West Virginia v. Jimmy Cochran, No. 010561. The petitioner, Jimmy E. Cochran, challenges his convictions in the Circuit Court of Lewis County of two felony counts of wanton endangerment involving a firearm. As the result of a dispute with his neighbors, the petitioner allegedly fired a shotgun at his

neighbors' residence while they were at home. The petitioner contends, inter alia, that the Circuit Court committed error in not instructing the jury upon the lesser included offense of brandishing a deadly weapon and in employing sentence enhancement procedures.

Refuse 5-0

18.    In Re: Kenna Homes Cooperative Corp., No. 010584. The petitioners, J. L. Jessup, Jr., and Bernice Jessup, appeal from an order entered in the Circuit Court of Kanawha County holding that Rule 21 of the Rules and Regulations for Occupancy of Kenna Homes did not violate any State or federal laws. Pursuant to that Rule, also known as the “no animals nor reptiles rule,” pets were to be phased out of the Kenna Homes complex where the petitioner resided. The petitioners, who suffer from disabilities and who contend that their two dogs were medically necessary for therapeutic reasons, argue that Rule 21 is unlawful because it fails to afford them the reasonable modification they need to remain at the Kenna Homes complex.

Grant 3-2
[McGraw, C.J., Maynard, J.]
19.    State of West Virginia v. James R. Goodwin, No. 010586. The petitioner, James Rusty Goodwin, appeals from his convictions in the Circuit Court of Harrison County of 10 counts of third degree sexual assault of a 14-15 year old boy. During the trial, the petitioner's co-defendant, who had entered guilty pleas to two counts of third degree sexual assault, principle in the second degree, testified against the petitioner as a witness for the State. The petitioner contends that the Circuit Court committed error in failing to give the jury a limiting instruction to the effect that, although the co-defendant's guilty plea could be considered as to the co-defendant's credibility, the guilty plea could not be considered as proof of the petitioner's guilt.

Refuse 5-0

20.    Christine Remsberg v. K-Mart Corp., No. 010590. This matter is a continuation of Meadows v. Wal-Mart Stores, 207 W.Va. 203, 530 S.E.2d 676 (1999). The petitioner, K-Mart Corporation, appeals from an order entered upon remand by the Circuit Court of Berkeley County directing K-Mart to pay vacation pay and damages in excess of $6,000,000 to eligible former employees. The petitioner contends, inter alia, that the Circuit Court committed error in including for payment those former employees covered by K-Mart's pre-February 1, 1993, “half-year” vacation policy.

Accept for Motion Docket

21.    State of West Virginia v. Natalie Bates, No. 010511. Petitioner appeals court ruling on her motion for reconsideration of sentence.

Refuse 5-0

22.    State of West Virginia v. Anthony Wayne Marcucci, No. 010512. Whether the lower court erred when it failed to further investigate petitioner's ability to voluntarily plead guilty when petitioner admitted daily prescription use of the “mind-altering drug” Vistaril in his plea hearing.

Refuse 5-0

23.    Sue Martin Politino v. Azzon, Inc., and John P. See, No. 010467. Petitioners seek to appeal summary judgment in favor of respondent for breach of contract and subrogation rights relating to a payment made to a bank to regain heavy equipment seized by the bank as collateral for delinquent debt of petitioner. Petitioners also seek to overturn summary judgment on counterclaims against respondent.

Accept for Motion Docket

24.    Elias H. Khoury, M.D. v. Roane General Hospital Foundation, No. 010540. Petitioner seeks to appeal grant of summary judgment to defendant Hospital which terminated petitioner's staff privileges.

Refuse 5-0

25.    State of West Virginia v. Traci D. Southard, No. 010551. Petitioner seeks to overturn her conviction of third offense shoplifting.

Refuse 4-1
[Starcher, J.]