Wednesday, May 14, 2003

1.  State of W. Va. v. James Richard Haney - 022421 - Petitioner appeals his conviction, based on guilty plea, of two felony counts of forgery. He asserts that the circuit court lacked venue over one count and that his defense counsel was ineffective, causing him to plead guilty. - Refuse  4 - 1, Starcher.

2.  State of W. Va. v. Jackie Lee Barker -   022479 - Petitioner appeals a criminal conviction for grand larceny and conspiracy. On appeal petitioner seeks to have his conviction set aside, sentence vacated and his release from incarceration or in the alternative that the matter be remanded for a new trial. - Refuse  5 - 0.

3.  Linn Rose and Adam Rose, by and through his mother and legal guardian, Linn Rose v. St. Paul Fire & Marine Insurance Co. & Stephen Brown - 022481 - Defendant insurer appeals from the circuit court's order denying its motion for partial summary judgment and finding that the duties imposed upon defendants under the West Virginia Unfair Trade Practices Act are not delegable and that said defendants can be held liable for the conduct of the attorney's employed to defend the underlying action against defendant's insured to the extent that such conduct implicates the various provisions of the Unfair Trade Practices Act. Grant 4 - 1 ,  McGraw. 

 4.  Robert J. Trozzi v. Board of Review of the WV Bureau of Employment Programs; James G. Dillon, Chairman, et al. - 022495 - Petitioner appeals the circuit court's denial of his motion for attorney's fees in connection with his successful petition for a writ of mandamus and prohibition. -  Grant 3 - 2 , Davis & Maynard. 

5.  State of W. Va. v. Charles W. Chaffin -  022214 - Defendant appeals from his conviction of first degree murder. He sentenced to life without mercy. He seeks either a remand for resentencing or, in the alternative, a commutation of his sentence to one with a recommendation of mercy. Refuse 3-2, Starcher & Albright.