Supreme Court of Appeals of West Virginia 
Motion Docket 
Tuesday, May 4, 2010


1.  Jimmy Cozard v. Board of Education of Raleigh County -  091764 - Petitioner Jimmy Cozart appeals from the Kanawha County Circuit Court's Order which declined to award any prospective relief to the petitioner. In his initial grievance, Mr. Cozart argued that he was entitled to a 261-day employment contract, retroactive wages, prospective wages, benefits and interest on all monetary sums.  Justice Workman disqualified. Judge Marks sitting by temporary assignment. - Refuse 4-1 (McHugh)

2.  Richard Rice v. Board of Education of Raleigh County - 091789 -  Petitioner Richard Rice seeks review of a ruling of the Kanawha County Circuit Court which denied, in part, petitioner's employment grievance. Although the Circuit Court reversed the Grievance Board denial of the grievance in its entirety and granted one year of retroactive relief, the petitioner seeks instatement of a 261-day employment contract, retroactive wages, prospective wages, benefits and interest on all monetary sums. Justice Workman disqualified. Judge Marks sitting by temporary assignment.  - Refuse 4-1 (McHugh)

3.  Ricky Scarbro v. Board of Education of Raleigh County - 091790 - Petitioner Ricky Scarbro seeks review of a ruling of the Kanawha County Circuit Court which denied, in part, petitioner's employment grievance. Although the Circuit Court reversed the Grievance Board denial of the grievance in its entirety and granted one year of retroactive relief, the petitioner seeks instatement of a 261-day employment contract, retroactive wages, prospective wages, benefits and interest on all monetary sums.  Justice Workman disqualified. Judge Marks sitting by temporary assignment.  - Refuse 4-1 (McHugh)

4.  State of WV v. Frederick K. Ferguson, III - 100118 - Petitioner Frederick K. Ferguson, III, appeals his conviction for Voluntary Manslaughter in the Ohio County Circuit Court. As a result of his conviction, Mr. Ferguson was sentenced to fifteen years in prison. - Grant 5 - 0 (on issues 1 through 3 only)

5.  Jewell K. Whittaker v. Andrew J. Whittaker - 100075 - Jewell K. Whittaker appeals from a Final Order dated December 2, 2009, in which the Raleigh County Circuit Court reversed a Family Court Order. The Circuit Court held that the Family Court lacked Subject Matter Jurisdiction to order the transfer of assets that are not part of the marital estate. Thus, the matter was remanded for further proceedings. - Grant 5 - 0

6.  Robert A. Doering, et al. v. City of Ronceverte, et al. - 100089 - Petitioners below appeal the circuit court's orders wherein the court ruled that they lack standing to challenge an annexation ordinance passed by the City of Ronceverte. - Grant 4-1 (Ketchum)

7.  Mary A. Rose, Executrix v. Henry L. Kettler, M.D. and Valley Radiologists, Inc. - 091706 - Plaintiff Mary A. Rose, Executrix of the Estate of Richard L. Rose, appeals after a defense jury verdict in a medical malpractice suit. She asserts error regarding jury selection. - Refuse 3-2 (Benjamin, McHugh)

8.  State of WV v. Randall Mack Hash - 091907 - Defendant appeals following his guilty plea to transporting a Schedule II controlled substance. Pursuant to defendant's plea agreement, he was allowed to pursue this appeal if given a sentence of incarceration. Defendant was sentenced to 1 to 15 years. - Refuse 4-1 (Ketchum)

 

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