May 12, 2005
1. State of West Virginia v. James Blaine Waldron - No. 050294. Defendant was convicted of voluntary manslaughter following a jury trial. He seeks a new trial.
Grant 3 - 2
[Davis,.J., Maynard, J. ]
2. Vicky Lynn Gray v. Ashraf Kamez Mena, M.D., Princeton Endocrinology, PLLC and Princeton Community Hospital Association, Inc., D/B/A Princeton Community Hospital - No. 32507. Plaintiff appeals from the circuit court’s order dismissing her medical malpractice action for failure to follow the pre-suit requirements as set forth in the Medical Professional Liability Act.
Grant 4 - 1
[ Maynard, J. ]
3. Subcarrier Communications, Inc. v. Ronald E. Nield, John B. Lusk, Patrick Lee Nield, and LL&N Investments, LLC, a West Virginia Limited Liability Company v. Neil A. Reed and the County Commission of Preston County - No. 050668. Defendants and third-party plaintiffs appeal from the circuit court’s order awarding summary judgment in favor of plaintiff in this action to set aside a tax deed.
Accept To Motion Docket
4. West Virginia Country Club, Inc. v. West Virginia Alcohol Beverage Control Commissioner - No. 050570. Petitioner appeals from the circuit court’s order affirming the administrative revocation of the Pink Pony’s liquor license.
Refuse 5 - 0
5. In the Interest of: Andrew Harrison S., a child under the age of 8 years - No. 050571. The juvenile defendant appeals from the circuit court’s order transferring his case to adult jurisdiction.
Accept To Motion Docket
6. Ellenda Ward, et al. v. Cabell County Board of Education - No. 050574. Petitioners appeal from the circuit court’s order upholding the decision of the West Virginia Education and State Employees Grievance Board that the county board of education did not violate West Virginia law by employing some central office administrators for a period of 240 days while employing other central office administrators for 261 days per year.
Refuse 5 - 0
7. State of West Virginia v. Larry G. Dinger - No. 050446. Petitioner appeals his conviction for voluntary manslaughter. He asserts several trial errors and that the court should have granted him a new trial on the basis of newly discovered evidence.
Grant 3 - 2
[Davis,.J., Maynard, J. ]
8. State of West Virginia v. Brian W. Strobridge - No. 050600. Petitioner appeals his convictions for three counts of DUI causing death, two counts of DUI causing injury, one count of reckless driving, one count of driving left of center, and one count of failing to drive within a single lane.
Accept To Motion Docket
9. Jennifer Thomas v. Anil K. Makani, M.D., South Branch Surgical Associates, Inc., a West Virginia corporation - No. 050627. Plaintiff in a medical malpractice case appeals an adverse jury verdict and the court’s order denying a motion for new trial.
Accept To Motion Docket
10. Appalachian Emergency Medical Services, Inc. v. Rebecca Melton Craig, Tax Commissioner - No. 050636. Petitioner Appalachian Emergency Medical Services appeals the circuit court’s order affirming the State Tax Commissioner’s property tax ruling. The State Tax Commissioner ruled that petitioner’s property is not used for charitable purposes such that it would qualify for an exemption from ad valorem property taxation.
Grant 5 - 0
11. In re: The Matter of Daisy Keesee and John Keesee v. Kimberly Turley (formerly Keesee) and Kevin L. Keesee - No. 050637. Mother petitions for appeal from the circuit court’s order which affirmed the family court’s order granting paternal grandparent visitation.
Grant 5 - 0
12. Joseph T. Fleming and Kathleen R. Fleming v. Farmers & Mechanics Mutual Insurance Company of West Virginia, Inc. - No. 050693. The circuit court certifies two questions seeking the applicable statute of limitations for a first-party common law bad faith action. The circuit court has answered the questions finding that the ten year statute of limitations for a breach of contract applies.
Accept To Motion Docket
13. Stephen A. Shafer v. The State of West Virginia and F. Douglas F. Stump, Commissioner, West Virginia Division of Motor Vehicles - No. 050669. Petitioner Stephen Shafer appeals the circuit court’s order affirming the decision of the DMV Commissioner to revoke petitioner’s driver’s license for DUI.
Refuse 5 - 0
14. State of West Virginia v. Steven Lee Walker - No. 050674. Petitioner appeals his 70 year sentence for first degree robbery and the circuit court’s order denying a Rule 35 motion to reconsider sentence.
Accept To Motion Docket
15. Mathew Thornsbury v. Issac Michael Blankenship and George M. Blankenship - No. 050676. Plaintiff Matthew Thornsbury, a guest passenger in a car driven by defendant Isaac Michael Blankenship, asserts that defendant’s negligence caused a single-vehicle crash. Plaintiff asserts that the circuit court erred by not granting his motions for judgment as a matter of law on liability. The jury found that the defendant was not negligent.
Refuse 4 - 1
[ Starcher, J. ]
16. Clark Barrows, David Alan Butcher, Greg Drae and John Marion v. Highlanders Alloys, LLC, a limited liability company, Leighton Wolf, an individual, and Boris Bannai, an individual - No. 050677. Defendant Highlers Alloys, LLC, appeals the circuit court’s order denying a motion to set aside default judgment.
Accept To Motion Docket
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