Supreme Court of Appeals of West Virginia

      Motion Docket   

Wednesday, May 1, 2002

 

1.  SER Rick Penwell v. Harold Painter, Warden - 012191 - Petitioner appeals from the circuit court's order denying his petition for a writ of habeas corpus.  - Refuse 3 - 2, Starcher, Albright.

2.  State of W. Va. v. David Anderson -  012398 - Defendant appeals from his conviction on the charge of transferring stolen property. His sentence of 12 months in the county jail was suspended and defendant was placed on probation for two years.  - Grant 5 - 0. 

3.  Georgia Poling, Jessica Poling, and Deidre Poling v. Pre-Paid Legal Services, Inc. - 012442 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendant on plaintiffs' fraud and breach of contract claims. - Grant 4 - 1, Maynard. 

4.  Clark Apartments by J. E. Hood v. Lawrence Walaszczyk -  012449 - Defendant appeals from the circuit court's award of damages to the landlord in the amount of $2,610.00 in this landlord/tenant dispute.  - Grant 3 - 2, Maynard, McGraw. 

5.  State of W. Va. v. James Michael Flippo -  012417 - Life Without Mercy - This appeal concerns the denial by the Circuit Court of Fayette County of petitioner James Michael Flippo's motion to suppress, following the remand of the case to the Circuit Court by the United States Supreme Court in Flippo v. West Virginia, 528 U.S. 11 (1999). In the underlying case, the petitioner was convicted by a jury of murder of the first degree, without mercy, based upon circumstances wherein the petitioner's wife was found dead in a cabin at Babcock State Park. The petitioner contends, inter alia, that the Circuit Court, upon remand, committed error in denying the petitioner's motion to suppress photographs seized, without a warrant, from the petitioner's closed briefcase at the crime scene.   - Grant 3 - 2, Maynard, McGraw. 

6.  Brenda Sue Gooch v. Timothy D. Gooch -  012584 - Petitioner husband appeals from the circuit court's order adopting the recommended order of the family law master as it relates to issues of equitable distribution, the parenting plan and the spousal support award. - Grant 4 - 1, Maynard. 

7.  John E. Porter, Jr. v. Pebble I. Porter - 020188 - This is a bifurcated divorce action wherein the petitioner, John E. Porter, appeals from an order entered in the Circuit Court of Marion County concerning the equitable distribution of the parties' property. The petitioner contends, inter alia, that the Circuit Court committed error in making the distribution because it determined that the respondent, Pebble I. Porter, should receive a one-half interest in property acquired during the parties' unmarried cohabitation. In April 2001, this Court granted an appeal in John E. Porter v. Pebble I. Porter, no. 29333. That appeal concerns the issue of alimony and has been continued pending the disposition of this matter.   - Grant 3 - 2, Davis, Maynard. 


8.  State of W. Va. v. Charles C. Damron -   012592 -
In this direct appeal, the petitioner, Charles C. Damron, challenges his convictions in the Circuit Court of Jackson County, upon pleas of guilty, to burglary and petit larceny. The petitioner contends, inter alia, that the convictions should be set aside because the Circuit Court did not act promptly in arraigning the petitioner and in appointing counsel to represent him.  - Grant 4 - 1, Maynard. 

9.  George P. Velegol and Anthony Iaquinta v. City of Weirton -  020030 - The petitioners, George P. Velegol and Anthony Iaquinta, appeal from an order entered in the Circuit Court of Brooke County upholding a police and fire service fee ordinance of the respondent City of Weirton, West Virginia. The petitioners contend that the ordinance is invalid because: (1) it was not properly enacted, (2) it improperly imposes a user fee upon non-users of the service and (3) the ordinance is unreasonable and discriminatory.  - Grant 5 - 0. 

10.  Betty R. Wendling v. W. Va. Real Estate Commission & W. Va. Human Rights Commission -  012280 - The petitioners, George P. Velegol and Anthony Iaquinta, appeal from an order entered in the Circuit Court of Brooke County upholding a police and fire service fee ordinance of the respondent City of Weirton, West Virginia. The petitioners contend that the ordinance is invalid because: (1) it was not properly enacted, (2) it improperly imposes a user fee upon non-users of the service and (3) the ordinance is unreasonable and discriminatory. - Withdrawn. 

Thursday, May 02, 2002 09:02 AM