2. Michael Stout and Darla Stout v. Century Aluminum of WV, Inc., formerly Ravenswood Aluminum Corp. - No. 022539. Plaintiffs appeal from an adverse jury verdict in favor of defendant in their action for personal injuries brought pursuant to the deliberate intent statutory exception to employer immunity from work-related tort liability. Plaintiffs seek a reversal of the jury’s verdict based upon evidentiary errors.

3. State of West Virginia v. Eric Arnold- No. 030111. Defendant was found guilty of 12 counts of cruelty to animals following a jury trial. He was sentenced to six months in jail on each of the 12 convictions and fined the sum of $100 for each. The trial court further ordered that the sentences imposed under Counts 1 and 2 be served consecutive to each other and concurrent to the sentences imposed under the remaining 10 counts. Upon further consideration, the trial court suspended the sentences and placed defendant on probation for five years conditioned upon him not owning any animals, participating in a litter control program for 50 hours and immediately being remanded to jail to serve 60 days of incarceration. The circuit court then ordered that upon the posting of post-conviction bond, the execution of the sentences would be stayed pending his appeal to this Court.

4. In Re: The Marriage of Angela Joe Frinzi v. James Michael Frinzi - No. 022532. Petitioner appeals from the circuit court’s order affirming the final order entered by the Family Court in this child custody dispute. Petitioner seeks either a reversal or a remand of the action for further hearing.

5. State of West Virginia v. Elmer Mills, Jr. - No. 030004. Defendant appeals from his conviction on two counts of first degree sexual abuse and eight counts of first degree sexual assault. He was sentenced to 1 to 5 years for each first degree sexual abuse conviction and 10 to 20 years for each first degree sexual assault conviction, those sentences to run consecutively with one another. The Court proceeded to suspend the sentences on six of the eight counts of first degree sexual assault and placed defendant on probation for a period of 5 years following his completion of his remaining sentences. Defendant seeks a reversal and a remand for a new trial. In the alternative, he seeks a reversal of six of his sexual assault convictions and a remand for re-sentencing.

6. April L. King and David King, as parents and natural guardian of Emily King, a minor v. David Heffernan, M.D.; Cabell-Huntington Hospital, Inc.; and The University of West Virginia Board of Trustees- No. 030020. Plaintiffs appeal from the circuit court’s order dismissing this medical malpractice action against the University of West Virginia Board of Trustees on the basis of improper venue. Plaintiffs seek a reversal of this order with directions that the circuit court allow the case to proceed against the WVBOT in Kanawha County.

7. Raleigh General Hospital v. Debra Caudill - No. 030022. Plaintiff Hospital appeals from the circuit court’s order granting summary judgment in favor of defendant finding that the common law only requires that a husband provide for his wife but did not create a concomitant responsibility for a wife to pay the debts of her husband. The circuit court also found that it could not modify the common law and that neither the former Married Womens’ Act or the current statute regarding the financial responsibility of spouses towards each other has applicability to hospital bills. Plaintiff Hospital seeks a reversal of the circuit court’s order and a finding that the common law doctrine of necessaries embraces a gender neutral position in West Virginia.

8. State of West Virginia v. Gregory Scott Crouch - No. 030037. Defendant appeals from the circuit court’s order finding that but for defendant’s mental disease or defect, he would have been convicted of first degree murder and could have been sentenced to life in prison and finding that defendant was a danger to himself and others. The trial court entered an order committing defendant to a mental health facility and retained jurisdiction over him for the rest of his life. Defendant seeks a reversal and entry of a judgment that he would otherwise have been convicted of voluntary manslaughter instead of first degree murder.

9. Allied Warehousing Services, Inc. v. Tax Commissioner of the State of West Virginia - No. 030039. The State Tax Commissioner appeals from the circuit court’s order reversing an administrative decision, which upheld an assessment of sales tax. The circuit court reversed on the basis that the administrative decision was not issued in a "reasonable time" and because it believed that certain legislative regulations are in conflict with the sales tax statutes. The Tax Commissioner seeks a reversal of the circuit court’s decision and a reinstatement of the administrative decision.

10. West Virginia Department Of Transportation, Division of Highways v. Timothy Ferrell - No. 030040. Petitioner seeks a reversal of the circuit court’s order reversing the Grievance Board’s decision and finding that petitioner had been properly terminated after he tested positive a second time for the use of marijuana. Petitioner seeks a reinstatement of the Grievance Board’s decision, which found that he had been improperly terminated, plus back wages and benefits and interest.

11. Dencil Woods and Barbara Woods v. Ira Dobbins and Avis Houghton - No. 030041. Petitioners appeal from the circuit court’s order in this injunction proceeding involving a boundary dispute.

12. Bessie Young, C.N.A. v. West Virginia Department of Health and Human Resources, Office of Health Facility Licensure and Certification - No. 030050. Petitioner appeals from the circuit court’s order upholding DHHR’s administrative decision placing petitioner on a registry of abusers. Petitioner seeks a reversal of the circuit court’s order and the DHHR’s decision with directions that her name be removed from the abuse registry.

13. Martinka Coal Company v. West Virginia Division of Environmental Protection - No. 030051. Petitioners appeal from the circuit court’s final order denying their request for reasonable attorney’s fees and finding that the state regulations promulgated pursuant to the West Virginia Surface Coal Mining and Reclamation Act do not allow citizen litigants to recover such fees for the time spent in successfully defending against a coal company’s appeal of a West Virginia Surface Mine Board decision.

14. State of West Virginia v. Thomas Eugene Lowe - No. 030052. Defendant was convicted for delivery of cocaine and conspiracy to deliver cocaine. He was sentenced to 1 to 15 years for delivery of cocaine and 1 to 5 years for the conspiracy, those sentences to run consecutively. Defendant seeks a new trial.

15. Lois Thompson v. Town of Alderson; Harryette Williams; John C. McCurdy; Ann Eskins; George Lively; Mike Hanna; and Tod Hanger - No. 030054. Plaintiff appeals from the circuit court’s order denying her request for reinstatement to her job. The circuit court concluded that although the jury found that she had been wrongfully discharged by defendants, the jury did not award her front pay, which precluded her reinstatement. Plaintiff seeks a reversal of this circuit court’s decision.

16. Donald M. Stark v. St. Paul Fire & Marine Insurance Company - No. 030055. Petitioner appeals the circuit court’s order granting summary judgment to respondent. Petitioner asserts the court erred in ruling that negligent testing and reporting of a DNA paternity test is not covered under a commercial general liability insurance policy which respondent had issued.

17. Brian Chad McGilton and Regina Gilton v. U.S. Xpress Enterprises, Inc., a foreign corp. - No. 030068. Petitioners appeal the circuit court’s dismissal of their deliberate intent workplace injury case.

18. National General Insurance Company v. Estate of Drexel Duncan, Jr., Estate of Gloria Duncan, and Estate of Molly Faye Blankenship - No. 030007. Petitioners, the estates of three people killed in a car accident caused by a drunk driver, appeal the circuit court’s declaratory judgment order finding no underinsured motorist coverage.

19. Debra Wiley v. Raleigh County Board of Education - No. 030096. Petitioner appeals the circuit court’s order affirming a decision of the Grievance Board and upholding a reduction in benefits to long-term substitute service personnel.

20. Robert J. Muncy and Kimberly S. Muncy v. Pen Coal Corporation, a Tennessee Corporation, and Ted Tue, individually - No. 030097. Petitioners appeal an adverse summary judgment in their deliberate intent case.

21. State of West Virginia v. Dennis B. Burch - No. 030108. Petitioner appeals the circuit court’s denial of his petition for a writ of habeas corpus. Petitioner was previously convicted of first degree murder with a recommendation of mercy.

22. Joseph Coleman v. Howard Painter, Warden - No. 022553. Petitioner appeals the circuit court’s denial of his petition for a writ of habeas corpus. He was previously convicted of nineteen counts of sexual abuse and/or assault of his stepson. He asserts ineffective assistance of counsel and multiple trial errors.

23. John G. Flynn and Ethel M. Smith, as Co-Administrators of the Estate of Kim Flynn v. National Association of I.B.P.O. Elks of the World, Inc. - No. 030125. Petitioner, the National Association of I.B.P.O. Elks of the World, Inc., appeals the denial of post-trial motions after an adverse jury verdict in a case where respondents’ decedent was shot and killed in the parking lot of a local Elks Lodge.

24. Katie Sierra, a minor and through her next friend and guardian Amy Sierra, her mother v. The Kanawha County Board of Education and Forest Mann - No. 030126. After a jury verdict which was partly adverse, petitioners appeal the circuit court’s denial of motions to set aside verdict and for attorneys’ fees. Petitioners assert that the respondent school board violated a student’s first amendment free speech rights by preventing her from wearing t-shirts containing written political messages and by suspending her from school for exercising her rights.

25. Erica Hager v. Travis Hager - No. 030129. Petitioner appeals the lower court’s denial of her petition for contempt and to modify custody.

26. Resorts Convenience Shops, Inc. d/b/a The General Store, an Indiana Corp. v. Intrawest Resorts, Inc., a Delaware Corp., Intrawest Snowshoe Development, Inc., a WV Corp., and Snowshoe Mountain, Inc., d/b/a Mountain Sweets and d/b/a/ The H20 Zone, a WV Corp. - No. 030135. Petitioners, collectively known as "Snowshoe Resort", appeal the circuit court’s order granting a permanent injunction to Respondent "The General Store", a convenience store operated at the resort under a lease agreement. The injunction prohibits Snowshoe and its other lessees from selling foodstuffs, including franchised coffee, chocolates, and the like, within a certain area, based upon an exclusivity clause in The General Store’s lease.

27. David J. Meadows, Sheriff of Nicholas County v. David Hopkins - No. 030137. Petitioner Hopkins appeals the circuit court’s refusal to award him attorneys’ fees and expenses based upon his argument that this is a mandamus case in which he prevailed. Respondent Meadows counter-petitions asserting the circuit court erred in awarding back pay and benefits when Hopkins had not previously raised these issues.

28. Denise Giardina and Reverend James Lewis v. City of Charleston and Mayor Jay Goldman, in his official capacity - No. 030138. Petitioners appeal the circuit court’s order refusing an injunction to stop the city from contracting with a private entity for the use of a city park for three weeks and part of a city street for a day. They seek a clarification of the application of W. Va. Code § 18-12-18(c), "Sale, lease or disposition of other municipal property", to this type of situation.

29. State of West Virginia v. Henry Christian Morris - No. 030139. Petitioner appeals his conviction, based upon a plea agreement and a guilty plea, for sexual abuse by a custodian. He asserts that his plea was not voluntary because he did not know he was subject to the length of incarceration which he later received – ten to twenty years.

30. John B. Crowder v. Kanawha County Board of Education - No. 030140. Petitioner appeals the circuit court’s order affirming a decision of the Grievance Board. The petitioner unsuccessfully sought a regular service position with the respondent school board and asserts that his experience and tenure as a long-term substitute in that position entitles him to the regular position.

31. Marcia K. Sipple (now Elliott) v. Gary Dean Sipple - No. 030141. Ex-wife appeals the circuit court’s order affirming the decision of the family court which found that partial mortgage payments ex-husband made per the final divorce order constituted property settlement and not child support.

32. Mario Perito, II v. Brooke County - No. 030147. The Circuit Court of Brooke County certifies a question regarding whether a convicted felon who has received an unconditional pardon from the Governor must still petition a circuit court for the right to possess a firearm as is required of felons per W. Va. Code § 61-7-7(c).

33. State of West Virginia v. Tony Dean Arbaugh, Jr. - No. 030155. Petitioner appeals the circuit court’s refusal to reconsider the revocation of petitioner’s probation and the reimposition of his original sentence for sexual assault in the first degree. He asserts that this refusal results in an unconstitutionally disproportionate sentence when considering his circumstances.

34. Patricia G. Williams v. West Virginia Board of Examiners for Nurses - No. 030168. Petitioner appeals the circuit court’s order which affirmed the WV Board of Examiners of Registered Nurses’s order to suspend petitioner’s nursing license for one year.

35. Danny L. Benson v. AJR, Inc., a West Virginia Corporation, and John M. Rhodes - No. 030169. Petitioner appeals the granting of summary judgment to respondents, and the denial of his motion for summary judgment, in his breach of employment contract and wrongful discharge case.

36. Daniel Mrotek v. Coal River Canoe Livery, Ltd., d.b.a. Elk River Outfitters, Elk Mountain Outfitters, Inc., d.b.a. Elk Mountain Outfitters and Elk Mountain Outfitters, Inc. v. Skis Dynastar, Inc., d.b.a., Dynastar and Adidas American Incorporated, d.b.a Salomon - No. 030170. Petitioner appeals the circuit court’s granting of an adverse summary judgment in his negligence lawsuit. Petitioner alleges that he was severely injured in a fall caused by faulty ski equipment rented to him by respondent.

37. State of West Virginia v. Carla Jo McComas - No. 030173. Petitioner appeals from the circuit court’s order accepting a conditional plea to the felony offense of obtaining a Controlled Substance by Fraudulent Misrepresentation, Code Section 60A-4-403(a)(3). Petitioner was sentenced to a term of imprisonment in the penitentiary for not less than one year nor more than four years, which sentence was suspended to two years of adult supervised probation.

38. Patricia Ann Weigle, Individually and as Administratrix C.T.A. under the Last Will and Testament of Nelma Ann Mathews Cochran v. Urban Renewal Authority of the City of Parkersburg, a/k/a Urban Renewal and Redevelopment Authority - No. 030174. Petitioner appeals from the circuit court’s finding that the Urban Renewal Authority complied with West Virginia Code §16-18-1 and dismissed Petitioner’s complaint. This Court stayed the Order on 9/19/02. Petitioner sought an injunction prohibiting the Urban Renewal Authority from acquiring real property by eminent domain and demolishing the house without first complying with the requirements under the Code.

39. State of West Virginia v. Dennis E. Myllykoski - No. 030178. Petitioner appeals from the circuit court’s order entering judgment against defendant for driving with a suspended license and for DUI, first offense.

40. State of West Virginia v. Donald P. Gallagher - No. 030180. Petitioner appeals from the circuit court’s conviction of five counts of First Degree Sexual Abuse and ten counts of Sexual Abuse by a Parent or Custodian. Petitioner now seeks a direct appeal by stating numerous grounds for a new trial.

41. SER Dexter D. Shaffer v. Howard Painter, Warden, Mount Olive Correctional Center - No. 030182. Petitioner appeals from the circuit court’s order denying a Habeas Corpus petition in Putnam County. Petitioner prays for reversal of his murder conviction and/or a new trial.