2.  Frank Dixon v. Michael W. Jones and Linda K. Jones - No. 100260. Plaintiff appeals from the circuit court’s decision to allow a right-of-way in this action seeking both temporary and permanent injunctive relief and a determination regarding the location and use of the right-of-way. Plaintiff asserts that the circuit court erred in establishing a right-of-way on a parcel of land owned by plaintiff, but which is separate and distinct from the parcel of conveyance. Refuse  4- 1, (Benjamin, J.)

3.  Men and Women Against Discrimination v. The Family Protection Services Board, Judi Ball, Barbara Hawkins, Kathie King, Judy King Smith, and Lora Maynard - No. 100275. Defendants appeal from the circuit court’s order granting an injunction against the continued application of certain rules and policies allegedly maintained by defendant, The Family Protection Services Board, in relation to licensing of domestic violence shelters, the certification of domestic violence advocates, and the regulation of perpetrator intervention programs. Defendants seek a reversal of the circuit court’s decision and a remand with directions to dismiss the case. Grant  5- 0

4.  CACV of Colorado, LLC v. Ina M. Haynes - No. 100280. Petitioner appeals from the circuit court’s orders denying petitioner’s motion to set aside orders releasing judgment. Petitioner asserts that the circuit court abused its discretion in setting aside the unsatisfied judgments and in holding a hearing to resolve common questions of law or fact when the requirements for such a hearing were not met. Grant  5- 0

5.  Craig A. Hare v. Joe E. Miller, Commissioner, West Virginia Department of Motor Vehicles - No. 100282. The Commissioner of the Department of Motor Vehicles appeals from two orders of the circuit court which, together, rescinded the Commissioner’s order of revocation of respondent’s driver’s license for driving under the influence of alcohol, precluded DMV from rescheduling an administrative hearing following the revocation, and awarded attorney’s fees and costs to respondent for his attendance at the first day of the administrative hearing. DMV seeks a reversal of both orders on the basis that the circuit court exceeded its jurisdiction, abused its discretion, and committed error. Grant  5- 0

6.  Farouk Abadir, Hosny Gabriel, Ricardo Ramos, Alfredo Ribas, Michael Vega and Huntington Anesthesiology Group, Inc. v. Mark H. Dellinger and Bowles Rice McDavid Graff & Love LLP - No. 100283. Plaintiffs appeal from the circuit court’s order dismissing their action for damages against their former counsel whom they allege settled a case in which they were the named defendants without their consent. Plaintiffs assert that the circuit court failed to perceive the difference between actual and apparent authority and that collateral estoppel does not preclude them from establishing that their counsel was never authorized to do what he did and that they were damaged as a result, even though the settlement was upheld in Messer v. Huntington Anesthesia Group, Inc., 222 W.Va. 410, 664 S.E.2d 751 (2008). Accept to Motion Docket

7.  Jeffrey W. Wells and Darrell K. Wells, Jr. v. Cabot Oil & Gas Corporation - No. 100284. Plaintiffs appeal from the circuit court’s directed verdict in favor of defendant in this action for damages brought by the owners of the surface estate. Plaintiffs also assert that the circuit court erred when it granted defendant’s motion for judgment as a matter of law on the issue of punitive damages at the close of the evidence at trial. Plaintiffs seek a reversal of the circuit court’s rulings and a remand for a new trial on damages. Refuse  4- 0, (Benjamin, J. not participating)

8.  State of West Virginia v. Dennis D. Knopp - No. 100092. Dennis D. Knopp appeals his conviction for 6 counts of Sexual Assault in the First Degree, 13 counts of Sexual Abuse by a Parent or Custodian, 7 counts of Sexual Assault in the Second Degree, 7 counts of Sexual Assault in the Third Degree, 8 counts of Incest, and 2 counts of Child Abuse Causing Injury. He asserts insufficiency of the Indictment, Double Jeopardy, improper 404(b) evidence, erroneous jury instructions, and prosecutorial misconduct. Refuse  3- 2, (Benjamin, J. and Ketchum, J. would grant on issue #3)

9.  James W. Lyons, II v. Robert E. Barrat - No. 100114. Defendant below, a purchaser of property at a tax sale, appeals the circuit court’s summary judgment order in favor of plaintiff in an action to quiet title and set aside the tax deed. Refuse  5- 0

10.  State of West Virginia v. Allison Brooke Copeland - No. 100298. Allison Brooke Copeland appeals the circuit court’s two orders denying her motions for reconsideration of sentence. She previously pleaded guilty and was convicted of the felonies Grand Larceny, Robbery in the Second Degree, Abuse of an Elderly Person, and Conspiracy, for which she was sentenced to 7 to 28 years in prison. Defer

11.  Doug McArthur Dempsey and Iva Lynn Dempsey v. Devon Richards and Mark Richards - No. 100303. Devon Richards appeals the circuit court’s order denying her motion to set aside a settlement agreement in a case concerning the location of a boundary line. Refuse  5- 0

12.  Billy Ray Young, Jr. (Son of Louise Roberts) v. Charles A. Young, and Billy R. Young, Jr., Co-Executors of the Last Will and Testament of Bill R. Young, deceased - No. 100305. Petitioner below appeals the circuit court’s adverse summary judgment order in a declaratory judgment action concerning a testator’s intent in a Will. Refuse  5- 0

13.  State of West Virginia v. Jerry Lee Hedrick - No. 100313. Jerry Lee Hedrick appeals his conviction for two counts of Sexual Abuse in the First Degree. He asserts multiple constitutional violations and insufficiency of the evidence. Grant  5- 0 on issue #4 only.

14.  State ex rel. Mark Best, II v. Thomas McBride, Warden - No. 100317. Mark Best, II appeals the circuit court’s order denying his omnibus petition for post-conviction habeas corpus. He is incarcerated for 101 to 105 years for his conviction pursuant to guilty plea of Kidnapping and Conspiracy to Commit a Felony. He asserts ineffective assistance of counsel, involuntary guilty plea, no factual basis to support the guilty plea, excessive sentence, defective indictment, and that the Kidnapping statute is unconstitutional. Refuse  5- 0 (McHugh, J. disqualified, Judge Kirkpatrick sitting)

15.  John Mayle Jr., acting as agent for Patricia Avery née Whitman, Amy Bland v. Duane Bland - No. 100318. Duane Bland appeals the circuit court’s order after a de novo bench trial in an appeal from magistrate court. The circuit court ruled that Mr. Bland was wrongfully occupying property owned by Patricia Avery Whitman. Refuse  5- 0

16.  State of West Virginia v. Robert E. Gura - 100324. Robert E. Gura appeals his convictions for Attempted Murder; Assault During the Commission of, or Attempt to Commit, a Felony; and Malicious Assault. He argues that the circuit court erred by refusing two defense instructions and that the verdict was inconsistent. Defer for a response

17.  In re: Russell Smallwood - No. 100338. Russell Smallwood appeals the circuit court’s "Order Denying Motion for Reconsideration of Order Denying Petition for Expungement under West Virginia Code § 61-11-26." He seeks expungement of a 1972 conviction for felony Breaking and Entering. Refuse  3- 2, (Benjamin, J. and Ketchum, J.)

18.  State of West Virginia v. Johnny R. Mowell - No. 100344. Johnny R. Mowell appeals his conviction for two counts of Receiving Stolen Property. He argues that the court erred when denying his motion to suppress evidence, that the convictions are against the weight of the evidence, that the court should have granted a mistrial upon introduction of excluded 404(b) evidence, and that the State knowingly used perjured testimony. Accept to Motion Docket

19.  Med-Surge Group, Inc., Rouzbeh K. Parsi, M.D., and Bahman Parsi v. Donna Spradling, James A. Muldoon, Esq. and Payne & Muldoon, PLLC - No. 100345. Petitioners seek to reverse rulings of the Circuit Court of Raleigh County, which dismissed petitioner’s claims against Respondents for malicious prosecution and abuse of process. Refuse  5- 0

20.  State of West Virginia v. Aaron Nelson - No. 100351. Petitioner Aaron Nelson asserts that the lower court erroneously denied his request for Habeas Corpus relief. Mr. Nelson was convicted on September 17, 2004, of First Degree Murder, First Degree Sexual Assault and Kidnapping, and subsequently sentenced to life without mercy. Refuse  5- 0

21.  Stanley Stevenson, II v. Independence Coal Company - No. 100366. Independence Coal seeks review of the Boone County Circuit Court’s denial of its Motion for Summary Judgment, Motion for Judgment as a Matter of Law, and Motion for a New trial, following a jury verdict in favor of Mr. Stevenson. Mr. Stevenson had filed suit his personal injury lawsuit and argued that Independence was negligent in failing to provide a safe work place. Accept to Motion Docket (Benjamin, J. disqualified)

22.  State of West Virginia v. Eugene Likens - No. 100383. Petitioner Eugene Likens appeals his conviction of two counts of Delivery of a Controlled Substance and two counts of Conspiracy following a jury trial in Mingo County, West Virginia. The petitioner is seeking to have his conviction set aside and asserts several errors in the trial. Accept to Motion Docket

23.  State of West Virginia v. Stanley R. Maditz - No. 100286. Petitioner Stanley R. Maditz seeks relief from a final Order of the Circuit Court of Harrison County wherein the lower court denied the petitioner’s Motion for Post Verdict Judgment of Acquittal or, in the alternative, Motion for New Trial. Refuse  4- 1, (Ketchum, J.)

24.  Tyrone Keith Persinger v. Kanawha County Board of Education - No. 100281. Petitioner appeals from the circuit court’s order affirming the decision of the Grievance Board, which upheld petitioner’s dismissal from his employment as a school teacher in Kanawha County. Petitioner challenges the due process afforded to him when the administrative law judge writing the decision was not the administrative law judge who presided over the administrative hearing. Petitioner seeks a reversal of the circuit court’s order, a vacation of the Grievance Board’s Final Order, and a remand to the Grievance Board with directions that arrangements be made so that the administrative law judge, who heard the testimony, can issue a final decision on the merits. Accept to Motion Docket (Davis, C. J. and Workman, J. disqualified, Judge Pratt and Senior Status Judge Chafin sitting)

 
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