2.  Estate of Garrison G. Tawney, by Lela Ann Goff, Executrix, Lela Ann Goff and Vernon B. Goff, husband and wife, Janice E. Cooper and Clifford R. Cooper, husband and wife, Larry G. Parker, John W. Parker, Orton A. Jones, Ancillary Administrator of the Estate of Richard L. Ashley, and Orton A. Jones, Administrator of the Estate of Alice Myrtle Ashley Jones v. Columbia Natural Resources, LLC, a Delaware corporation, f/k/a Columbia Natural Resources, Inc., a Texas corporation; NiSource Inc., a Delaware corporation; Columbia Energy Group, a Delaware corporation; and Chesapeake Appalachia, L.L.C., an Oklahoma Limited Liability Company - No. 080482. Defendants appeal following an adverse jury verdict totaling $404,335,138 in this action arising out of ceratin oil and gas leases. Defendants raise a variety of errors, including violations of their due process rights and issues related to class certification, jurisdiction, evidentiary rulings, and instructional error, among others. Refuse 5-0 [ Kirkpatrick, Judge and O’Hanlon, Judge By Temporary Assignment ] [ Davis, J. Disqualified ] [ Benjamin, J. Disqualified ]

3.  State of West Virginia v. Frank D. Foster, Jr. - No. 080311. Defendant appeals his conviction of fleeing from an officer in a vehicle causing injury and second offense DUI. He was sentenced to 1 to 5 years for fleeing and 1 year for second offense DUI, those sentences to be served consecutively. Defendant asserts procedural and evidentiary errors. - Accept to Motion Docket

4.  State of West Virginia v. Michael S. Hutzler - No. 080313. Defendant appeals following his guilty plea to felony destruction of property, having preserved the right to appeal two issues related to the circuit court’s denial of his motion to dismiss. Defendant raises issues related to venue, jurisdiction, and the destruction of evidence. Defendant seeks a reversal of the circuit court’s decision and a dismissal of the indictment. - Accept to Motion Docket

5.  State of West Virginia v. Troy Luther Knight - No. 080314. Defendant pled guilty to fleeing from an officer in a vehicle while under the influence of alcohol, possession of a controlled substance with intent to deliver, and battery of a police officer. Defendant entered his pleas after his motion to suppress evidence was denied. Defendant seeks a remand with directions to grant his motion to suppress so that he can plead anew, plus such other relief as may be appropriate. - Accept to Motion Docket

6.  State of West Virginia v. Danny Minigh - No. 080333. Defendant appeals from his conviction for conspiracy to commit the felony offense of manufacturing a controlled substance. Defendant moved for a new trial or a judgment of acquittal asserting lack of evidence to prove the conspiracy. The circuit court found sufficient evidence in the record to support the conviction, denied defendant’s post-trial motions, and sentenced defendant to one to five years to be served consecutive to a charge in Gilmer County. Defendant raises issues related to double jeopardy, the sufficiency of the evidence, and evidentiary error. - Accept to Motion Docket

7.  State of West Virginia v. Deborah Wildberger a/k/a Maria H. Crush - No. 080334. Defendant appeals from her convictions for insurance fraud, conspiracy, and obtaining money by false pretense. Defendant raises issues related to the sufficiency of the evidence and the ability of the State’s primary witness to testify. Defendant seeks a reversal of her convictions, a hearing or new trial below, and such other relief as the Court deems appropriate.  - Refuse 4-1 (Starcher)

8.  State of West Virginia v. Robert S. Hart, Jr. - No. 080335. Defendant appeals from the circuit court’s order imposing consecutive sentencing and asserts that it violates the proportionality rule because his sentencing was different from that of his co-defendants who received concurrent sentences. - Accept to Motion Docket

9.  James R. "Sonny" Griffith v. Barbour County Board of Education - No. 080338. Petitioner appeals from the circuit court’s final order granting summary judgment in favor of the Barbour County Board of Education. Petitioner asserts various procedural errors, as well as constitutional arguments. - Accept to Motion Docket

10.  State of West Virginia v. Joshua Ryan Baker - No. 080341. Defendant appeals from the circuit court’s order denying his pre-sentence motion to withdraw his guilty plea. Defendant seeks a reversal of that order or, in the alternative, a remand for re-sentencing. Defendant asserts procedural error below and raises issues related to the validity of the grand jury and his subsequent indictment. Defendant also asserts ineffective assistance of counsel and an abuse of discretion in sentencing.  - Refuse 4-1 (Starcher)

11.  State of West Virginia v. Bryan C. Kilmer, Sr. - No. 080345. Defendant files his petition for appeal seeking a remand to the circuit court to provide him with a hearing to develop the record for an allegation of ineffective assistance of counsel and to obtain a new effective sentencing date for his guilty plea to driving revoked DUI 3^rd. -Refuse 5-0

12.  CBC Holdings, LLC, a West Virginia Limited Liability Company, in its own behalf and in behalf of the other owners of undivided interests in the minerals underlying the realty in question v. Dynatec Corporation, USA, a foreign corporation not licensed in West Virginia, Dynatec Energy, Inc., a foreign corporation licensed to do business in West Virginia, Dynatec Drilling, Inc., a foreign corporation licensed to do business in West Virginia, New Gauley Coal Corporation, a West Virginia Corporation, licensed to do business in West Virginia, and the other unknown heirs, successors and assigns of Hugh K. Cosgray, Cora B. Stewart, E.E. Stewart, I.C. Cosgray, W.B. Cosgray, T.L. Cosgray, John A. Cosgray, Lucy L. Cosgray, Tolla Sole, Lydia Booth and Bertha D. Cosgray - No. 080356. Plaintiff appeals from the circuit court’s order dismissing this declaratory judgment action on the basis that plaintiff’s claim was governed and encompassed by the Coalbed Methane Act and that plaintiff could not maintain its civil action without first applying for relief under that Act. Plaintiff sought to confirm its rights to certain coalbed methane, as well as a judgment declaring the leasehold interests asserted by defendants null and void as a matter of law. - Accept to Motion Docket

13.  State of West Virginia v. Troy Allen Coffman - No. 080360. Defendant appeals from his convictions on various sex crimes. He was sentenced to 11 to 30 years in prison. Defendant challenges the circuit court’s ruling refusing to suppress his confession. - Accept to Motion Docket

14.  Jennifer L. Caruso v. Brian N. Pearce v. Quality Machine Co. - No. 080477. Plaintiff appeals from the circuit court’s order dismissing this civil action under Rule 41(b). Plaintiff contends that good cause was shown for the dormancy and delay; there was no prejudice to defendant; and the dismissal order was entered even though the circuit court had never entered a Rule 16(b) scheduling order. -Grant 4-0 [Benjamin Not Participating]

15.  Wheeling Pittsburgh Steel Corporation and Mountain State Carbon, LLC v. Central West Virginia Energy Company and Massey Energy Company - No. 080182. Defendant Massey Energy Company appeals after an adverse jury verdict and the circuit court’s denial of motions in a case where plaintiffs Wheeling Pittsburgh Steel Corporation and Mountain State Carbon, LLC, allege breach of contract and fraud. Co-defendant Central West Virginia Energy Company has filed a separate appeal, No. 080183. - Refuse 5-0 [ Jolliffe, Senior Status Judge By Temporary Assignment ] [ Maynard, C.J. Disqualified ]

16.  Wheeling Pittsburgh Steel Corporation and Mountain State Carbon, LLC v. Central West Virginia Energy Company and Massey Energy Company - No. 080183. Defendant Central West Virginia Energy Company appeals after an adverse jury verdict and the circuit court’s denial of motions in a case where plaintiffs Wheeling Pittsburgh Steel Corporation and Mountain State Carbon, LLC, allege breach of contract and fraud. Co-defendant Massey Energy Company has filed a separate appeal, No. 080182. - Refuse 5-0 [ Jolliffe, Senior Status Judge By Temporary Assignment ] [ Maynard, C.J. Disqualified ]

17.  Jacob Frederick Jochum and Jacob F. Jochum, Jr., d/b/a Jack Jochum Truck Service v. Waste Management of West Virginia, Inc., a corporation, American Disposal Services of West Virginia, Inc., a corporation, d/b/a Rohrig Sanitation, Short Creek Landfill, and Allied Waste Services of Wheeling, BFI Waste Systems of North America, Inc., a corporation, Allied Waste Services of North America, LLC, a corporation, and Jeff Brown - No. 080362. Plaintiffs Jacob Frederick Jochum and Jacob F. Jochum, Jr., d/b/a Jack Jochum Truck Service, file an appeal under Rule 54(b) of the circuit court’s order granting summary judgment in favor of one defendant, Waste Management of West Virginia, Inc. The court found that contractual conditions precedent to the sale of a business had not been met, thus defendant did not breach the sales contract or cause detrimental reliance when it notified plaintiffs it would not go forward with the sale. Plaintiffs assert that summary judgment was not appropriate because of several outstanding genuine issues of material fact.  - Accept to Motion Docket [ Benjamin J. Disqualified]

18.  State of West Virginia v. Willie Ray Trembly, Jr. - No. 080365. Willie Ray Trembly, Jr. appeals his sentence for his conviction upon guilty plea to 1 count of Breaking and Entering, 3 counts of Second Degree Arson, and 2 counts of Causing Injury During an Arson-Related Crime. He argues inter alia that his consecutive sentences totaling 51 to 60 years in prison are excessive. - Accept to Motion Docket

19.  State of West Virginia v. Tony Stephon Hood - No. 080388. Tony Stephon Hood appeals his conviction for Wanton Endangerment. He argues that the court erred in allowing evidence at trial that a female was shot and rendered quadriplegic, and that the jury’s verdict is contrary to the law and evidence. - Accept to Motion Docket

20.  Retail Designs, Inc. v. West Virginia Division of Highways; One-Gateway Associates, LLC, a limited liability company, and Wal-Mart Stores, Inc., and One-Gateway Associates, LLC v. Center Designs, Inc. a Georgia corporation, now known in West Virginia as CD Liquidating Company, Inc.; William A. Abruzzino, individually, and Rebecca A. Abruzzino, individually and as officers, directors or general partners - No. 080390. Third-Party Plaintiff One-Gateway Associates, LLC, appeals the circuit court’s adverse summary judgment order on the issue of whether One-Gateway is entitled to a right-of-way. - Accept to Motion Docket

21.  State of West Virginia v. Robert L. Holcomb - No. 080392. Robert L. Holcomb appeals his conviction for Gross Child Neglect and the imposition of a life sentence pursuant to the recidivist statute. He asserts that the recidivist information was untimely, his life sentence is cruel and unusual, and the court erred by not suppressing evidence obtained during a pretextual traffic stop. - Accept to Motion Docket

22.  In re: The Marriage of Andrea Shaun Hasley v. Lawrence Eber Hasley - No. 080433. Lawrence Eber Hasley appeals from the circuit court’s order affirming the family court on an issue of equitable distribution. The family court held that Mr. Hasley’s police pension fund was a marital asset and that Mr. Hasley is not legally entitled to an offset in lieu of social security benefits. - Accept to Motion Docket

23.  Alice I. Richardson a/k/a Isabella Richardson v. George W. Ledford, individually, Alice E. Ledford, individually, Johnnie R. Richardson, individually, and George W. Ledford and/or John Richardson, alleged successor Trustees of the Alice I Richardson 2001 Trust - No. 080211. Petitioners appeal the circuit court’s order which concluded that Alice I. Richardson is competent to handle her own affairs. Petitioners argue, inter alia, that the circuit court should have dismissed or stayed the case sub judice because Mrs. Richardson’s competency was the subject of guardianship proceedings that were already pending in an Ohio probate court. -Refuse 5-0

24.  Ulissa D. Howell v. John Goode - No. 080480. Ulissa Howell appeals the circuit court’s order which affirmed the family court’s order denying her petition to extend child support beyond her child’s 18^th birthday while the child completes an Individualized Education Program with the public high school. -Grant 5-0

25.  Wells Fargo Bank, N.A., Assignee and Successor in Interest to Fleet National Bank, a national banking association v. UP Ventures II LLC; Ironwood Acceptance Company, a Delaware corporation, Palo Verde Trading Company, L.L.C., an Arizona limited liability company; Jeffrey E. Hall and Annette L. Hall - No. 080485. Wells Fargo Bank appeals the circuit court’s adverse summary judgment order. The court concluded that the bank’s petition to set aside a tax sale deed was filed beyond the statute of limitations of W.Va. Code § 11A-4-4(a). Wells Fargo asserts a lack of notice of the right to redeem, making constitutional and statutory arguments. - Accept to Motion Docket

26.  In re: The Marriage of Deborah K. Wright and Mark A. White - No. 080490. Mark A. White appeals the circuit court’s order which affirmed the family court’s final divorce order. Mr. White asserts eleven assignments of error, including that without following the proper procedures and without notice to him, the family court erroneously converted a temporary hearing into the final divorce hearing and then entered the final divorce order the same day. He also asserts error with respect to rulings on rehabilitative alimony, equitable distribution, and attorney’s fees/costs. - Accept to Motion Docket

27.  Dan’s Carworld, LLC d/b/a Dan Cava’s Toyota World v. David Serian - No. 080491. Defendant/Counter-Claim Plaintiff David Serian appeals the circuit court’s order granting summary judgment in favor of plaintiff/counterclaim defendant Dan’s Carworld, LLC d/b/a Dan Cava’s Toyota World. Mr. Serian asserts inter alia that the court incorrectly ruled that the W.Va. Consumer Credit and Protection Act does not apply to this case involving an auto loan pay-off figure used in documents for the purchase of a new vehicle. -  Grant 3-2 (Maynard, C. J., Davis, J.)

28.  Victor T. Peoples v. Sue J. Erps and William G. Erps, d/b/a Improvements Unlimited and the West Virginia Human Rights Commission - No. 080498. Sue J. Erps and William G. Erps, d/b/a Improvements Unlimited, appeal a Human Rights Commission order which affirmed the decision of a Commission administrative law judge. The ALJ concluded that Improvements Unlimited had subjected Victor T. Peoples to hostile work environment racial discrimination, retaliatory discharge, and retaliation for filing this complaint. Improvements Unlimited appeals issues of liability and damages. - Accept to Motion Docket

29.  The West Virginia Consolidated Public Retirement Board v. Johnny Mendez - No. 080499. Johnny Mendez appeals the circuit court’s order terminating his Public Employees Retirement System benefits based upon the court’s finding that petitioner rendered less than honorable service because of a federal conviction for 2 counts of felony Conspiracy to Buy Votes. - Defer

30.  State of West Virginia v. Gregory Jerome Borowske - No. 080518. The petitioner, Gregory Borowske, appeals the sentence imposed upon him as a result of the Lewis County Circuit Court’s denial of his motion to withdraw his plea of nolo contendere and guilty. On appeal, the petitioner seeks a reversal of the Circuit Court’s denial of his motion to strike surplusage from both indictments, and that the matter be remanded for trial accordingly. -Refuse 5-0

31.  Larry D. Elmore, individually and as Administrator of the Estate of Dorothy Mae Elmore v. John M. Johnson, D.O. - No. 080531. Petitioner, Larry D. Elmore, seeks relief from an Order entered on October 9, 2007, by the Circuit Court of Greenbrier County, denying Plaintiff’s Motion to Set Aside Verdict and New Trial. The underlying case involves a suit for medical malpractice concerning a wrongful death based on failure to recognize evidence of septicemia in Dorothy Elmore and to provide appropriate treatment for her symptoms, and a failure to admit her for future follow-up care and treatment. The jury returned a verdict in favor of defendant John M. Johnson, D.O. -Refuse 5-0

32.  Dan S. McQuain and Jeffrey H. McQuain v. William E. Nelson and Elizabeth A. Nelson and Paul G. Mallow - No. 080566. The petitioners appeal from an Order of the Pendleton County Circuit Court which limited and restricted use of a right of way deeded to the petitioners’ predecessors in title in 1916. On appeal, petitioners seek to eliminate the restrictions the court ordered placed upon the deeded timber right-of-way and assert that the Order is in violation of their rights to use their appurtenant easement. -Refuse 5-0

33.  Jonathan Bartram v. The Huntington Mall Company, et al and The Huntington Mall Company (third party plaintiff) v. Hoop Retail Stores, LLC, d/b/a The Disney Store, et al. v. Stark Electric, Inc, et al (fourth party defendants) - No. 080569. The petitioner, Huntington Mall Company, seeks review and reversal of the lower court’s entry of summary judgment in favor of Hoop Retail Stores, LLC d/b/a Disney Store. In granting summary judgment, the Cabell County Circuit Court held that express indemnification language set forth in a lease was void pursuant to West Virginia Code §23-2-7. -Defer

34.  State of West Virginia v. Richard O. Rizk - No. 080571. Petitioner, Richard O. Rizk, appeals his conviction of a felony count of distribution of a controlled substance and asserts that the failure of the State of West Virginia to disclose additional uncharged conduct of the confidential informant violates his right to due process of law under Article III, Section 14 of the West Virginia Constitution. - Accept to Motion Docket

35.  Wesley Cross v. Mark E. Smith - No. 080613. The petitioner, Mark E. Smith, seeks reversal of the trial court’s Order granting the plaintiff’s Rule 59 Motion for a New Trial. The Brooke County Circuit Court granted a new trial on the basis that it believed it was up the jury to determine whether the defendant did, in fact, look effectively before making a left-hand turn.  Grant 3-2 (Starcher J., Albirght, J.)

36.  State of West Virginia v. James Kevin Marcum - No. 080614. Petitioner, James Marcum, seeks a reversal of his conviction for Forgery, and asserts that the Kanawha County Circuit Court erred by not granting his Motion to Set Aside his Conviction and a Judgment of Acquittal as the State did not present evidence that other corporate officers did not authorize the check in question. - Accept to Motion Docket

37.  State of West Virginia v. Shelby Eugene Moore - No. 080615. Petitioner, Shelby Moore, was charged and convicted of operating or attempting to operate a clandestine drug lab. The Kanawha County Circuit Court ruled that the search of petitioner’s vehicle was legal because petitioner gave verbal consent to a search. On appeal, petitioner asserts that the evidence seized during the search and the statement given by the petitioner following the search should have been suppressed by the trial court. -Refuse 5-0

38.  Dan S. McQuain and Jeffrey H. McQuain v. Naomi Brandli, Grail Simmons and Jerry P. Simmons - No. 080301. The petitioners appeal from an Order from the Pendleton County Circuit Court which denied any right of way to the plaintiffs’ 4.32 acres through the real estate of the defendants, and granted a right of way through real estate of persons named in another civil action. Petitioners allege that the Circuit Court’s Order dated November 2, 2007, incorporated two separate civil actions into a single Order to affect real estate owned by persons who were not common parties in both actions. -Refuse 5-0

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