May 20, 2008 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of s of West Virginia
Motion Docket
Tuesday, May 20, 2008

1. State v. Floyd A. Nelson, Jr. - 073748 - Defendant appeals following his convictions on two counts of forgery and six counts of uttering. Defendant challenges his eight consecutive sentences of 1 to 10 years in the penitentiary arguing that they are constitutionally disproportionate, that they were imposed in violation of his constitutional rights to equal protection of the law, and that they were the result of ineffective assistance of counsel below. - Refuse 3 - 2, Starcher & Albright.

2. State v. Steven Ray Fisher - 073751- Steven Ray Fisher appeals the order transferring him to the court's adult criminal jurisdiction. He asserts that the alleged crime did not constitute kidnaping, for which he is charged.- Refuse 3 - 2, Starcher & Albright.

3. David W. Crites v. Pilgrim’s Pride Corp., K and B Trans., Inc. & Jeffrey Dearing - 073921 - Petitioner, David Crites, seeks review of a August 13, 2007, Order from the Hardy County Circuit Court which denied the plaintiffs Motion for Relief from Summary Judgment. The Circuit Court found that the petitioner did not carry his burden to demonstrate entitlement to relief from the Order granting Summary Judgment, pursuant to Rule 60(b)(2) or (3). Petitioner asserts that the lower court used the wrong standard of law.- Refuse 3 - 2, Starcher & Albright.

4. Ryan Strick v. Comm’r. of WV Dept. of Motor Vehicles - 073811 - The petitioner, Ryan Strick, appeals from a Kanawha County Circuit Court Order upholding the administrative order by the Division of Motor Vehicles suspending Petitioner's privileges to operate a motor vehicle in this state for one year for first offense Driving Under the Influence. On appeal, the petitioner requests that he is issued a full and valid license and that the Order of Revocation be reversed. - Grant 3 - 2, Maynard & Davis.

5. State v. Ronald Reed, Sr. - 073503 - Ronald Reed, Sr. appeals his convictions for 2 counts of Incest, 2 counts of Sexual Abuse by a Parent, 1 count of Sexual Assault in the First Degree, 31 counts of Sexual Abuse by a Custodian, and 30 counts of Sexual Assault in the Third Degree. He raises 26 assignments of error.- Grant 5 - 0.

6. Russell Stuyvesant, Admn’r. v. The Preston County Comm. - 073790 - Russell Stuyvesant, as Administrator of the Estate of Timothy Daft, appeals the circuit court's order dismissing his wrongful death and negligence action based upon the statute of limitations. He asserts application of the discovery rule.- Grant 5 - 0.

7. Cynthia L. Archer v. PPG Industries, Inc. and Joe Polus - 073806 - Joe Polus and PPG Industries, Inc. were found by a jury to be liable for violation of the Human Rights Act, sexual abuse, assault and/or battery and the intentional infliction of emotional distress. Petitioner Polus, seeks a reversal of the Circuit Court's post-trial rulings and an order vacating the judgment Order which quashed PPG's subpoena seeking plaintiff's billing records and granting attorneys fees and costs. Mr. Polus also requests a remand to the Circuit Court for a new trial.- Refuse 4 - 1, Maynard.

8. Cynthia L. Archer v. PPG Industries, Inc. and Joe Polus - 073807 - Joe Polus and PPG Industries, Inc. were found by a jury to be liable for violation of the Human Rights Act, sexual abuse, assault and/or battery and the intentional infliction of emotional distress. Petitioner PPG Industries, Inc., seeks a reversal of all the Circuit Court's post-trial rulings and an order vacating the judgment Order. Petitioner PPG Industries, Inc. also requests a remand to the Circuit Court for a new trial. - Refuse 4 - 1, Maynard.

9. State v. Steven A. Robinson - 073557 - Defendant appeals from the circuit court's order removing him from the Anthony Center, sentencing him to the Penitentiary for 15 years, and ordering him to pay $4300 in restitution, jointly and severally with his co-defendants. Defendant contends that the testimony given at the hearing held before the circuit court upon his return from the Anthony Center was inadmissible hearsay and that the Anthony Center's disciplinary process violated his due process rights.- Refuse 3 - 2, Starcher & Albright.

10. Martha L. Cudd, Trustee v. Hall Development Co. and PropertyMark, LLC - 073931 - Defendant appeals from the circuit court's order awarding summary judgment in favor of plaintiff and reforming multiple deeds so as to place title to certain disputed real estate in the name of plaintiff. Defendant seeks a reversal of the summary judgment order and a remand of this action to the circuit court with instructions to enter summary judgment in favor of defendant. Alternatively, defendant seeks a remand for a trial on the merits. - Refuse 3 - 2, Starcher & Albright.

11. State v. Dennis Burke - 080220 - Defendant appeals his conviction of voluntary manslaughter. He challenges the sufficiency of the evidence and alleges ineffective assistance of counsel. Defendant seeks a reversal of his conviction and a remand for a new trial. - Refuse 3 - 2, Starcher & Albright.

12. State v. Danielle Hilling - 080281 - Defendant appeals from her conviction of first degree murder without mercy and conspiracy to commit murder. Defendant raises evidentiary and procedural errors below and challenges the sufficiency of the evidence. Defendant seeks a reversal of her conviction and either a judgment of acquittal or a new trial.- Refuse 3 - 2, Starcher & Albright.