May 8, 2001 Argument Docket, WV Supreme Court

Tuesday, May 8, 2001

1. State of W. Va. v. Clifford Allen Powers - 28459- Defendant appeals from his convictions for 2 counts of 3rd offense shop lifting, breaking and entering, burglary and grand larceny. He was sentenced to life in prison pursuant to the recidivist statute. He seeks a reversal of his convictions and a new trial.

2. SER Leonard Ellinger, Jr. v. Hon. David H. Sanders, Judge - 29098 - Ellinger, pro se, filed a writ of mandamus seeking a ruling on a Motion to Reconsider his sentence on 7/7/98 in the Berkeley County Circuit Court. - Dismissed.

3. SER Roger Jenkins v. Hon. Herman G. Canady, Jr., Judge - 29099- Jenkins, pro se, seeks a writ of mandamus seeking to compel Judge Canandy to rule upon a pending Writ of Mandamus seeking to compel the W.Va. Board of Osteopathy to provide petitioner with findings of fact and conclusions of law sufficient to justify the dismissal of petitioner's complaint against osteopathic physician, Mark Casdorph, D.O., and to prohibit Respondent from acting in any future proceeding involving petitioner. - Dismissed.

4. SER Norfolk Southern Railway Co. v. Rebecca L. Robie, Court Reporter - 29175 - No summary available. - To be presented on briefs only without oral argument.

5. SER David Hubbard v. Hon. John A. Hutchison, Judge - 29181- No summary available. Dismissed.

6. Ernestine Walls v. David L. Click, et al. - 28721- The petitioners, David L. Click, Anne C. Click and the Estate of Lewis R. Click, appeal from an order entered in the Circuit Court of Cabell County denying their motion for judgment as a matter of law or for a new trial. The jury found that a 1993 deed, conveying various parcels of real estate to petitioners David and Anne Click, was null and void, thus, in effect, determining that the respondent, Ernestine Walls, was the owner of the property. Issue: 1. Whether the Circuit Court erred in denying the petitioners' motion for judgment as a matter of law, or for a new trial, where the evidence was insufficient to support the jury verdict that there was no effective delivery of the 1993 deed from Lewis R. Click (deceased) to David L. Click and Anne C. Click.