Tuesday,  May 8, 2001

1. State of W. Va. v. Kenneth James Chapman- 002834 - The petitioner, Kenneth James Chapman, appeals from his convictions in the Circuit Court of Logan County of two counts of malicious assault. The petitioner, who entered pleas of guilty to those offenses, contends that the Circuit Court failed to make a sufficient determination upon the question of whether the petitioner was mentally competent to enter the pleas.  - Granted 3- 2, McGraw & Maynard. 

2. William T. Fahey v. Raymond A. Hinerman, individually & Hinerman & Associates, PLLC- 002922 - The petitioner, Raymond A. Hinerman, appeals from an order entered in the Circuit Court of Hancock County holding that a pension plan was meant to be included in an oral settlement agreement between the petitioner and respondent William Fahey which settlement agreement followed the break-up of the parties' law office partnership. The petitioner contends, inter alia, that pension plan claims were not resolved in the mediation sessions culminating in the settlement agreement and that, therefore, the Circuit Court was without jurisdiction to include the pension plan in the settlement agreement. - Withdrawn



3.  State of W. Va. v. William Severn  - 010062 - Defendant appeals from his convictions for multiple sexual offenses for which he was sentenced to a period of not less than 15 nor more than 35 years.  - Refused 5- 0.

4.  Scott James Feathers, D.P.M. v. West Virginia Board of Medicine- 001983 - Petitioner appeals from the circuit court's denial of his petition for a writ of prohibition filed against the West Virginia Board of Medicine to prohibit the enforcement of a subpoena duces tecum. - Granted
 3- 2, Davis & Maynard. 

5.  State of W. Va. v. Timothy A. Cavallaro- 010337 - The petitioner, Timothy Cavallaro, appeals from an order entered in the Circuit Court of Greenbrier County sentencing him to life imprisonment following a recidivist proceeding. The petitioner raises a number of assignments of error.  - Refused 5- 0.

6. State of W. Va. v. Herman R. Palmer - 010472 - Petitioner, who was convicted of driving while suspended/revoked for DUI - 3rd offense, challenges sufficiency of the indictment. - Granted
  3- 2, Davis & Maynard.  

7.  State of W. Va. v. Barbara L. Carpenter - 010252 - Defendant seeks to appeal conviction of second offense DUI for State's failure to timely disclose proper evidence of first DUI conviction.   - Refused 5- 0.

8. Melissa Judy v. Grant County Health Department, Grant Memorial Hospital, John L.Hahn, M.D. and Tamara Kessel, C.N.M.  - 010334 - In this medical malpractice action, the petitioner-patient, Melissa C. Judy, appeals from an order entered in the Circuit Court of Grant County denying her motion to alter the judgment. Although the judgment was based upon a jury verdict returned in the petitioner's favor, the amount of recovery was reduced by the jury's finding that the petitioner was 49% negligent. The petitioner contends that the Circuit Court committed error in giving a comparative negligence instruction to the jury in the circumstances of this action. - Granted  3- 2, Davis & Maynard. 

9.  State of W. Va. v. Jackie M. Martin - 010270 - Petitioner, who was convicted of kidnapping, aggravated robbery, extortion, and sexual abuse in the first degree, seeks to appeal on basis that lower court should have excluded all evidence from the State's case-in-chief regarding petitioner's impersonation of a police officer and for incidents at trial and sentencing.  - Refused 5- 0.

10.  State of W. Va. v. Ricky Melvin Holley - 010461 - The petitioner, Ricky Melvin Holley, was convicted in the Circuit Court of Kanawha County of murder of the first degree, without a recommendation of mercy. The victim was the petitioner's wife, Leigh Ann Holley. The petitioner raises a number of assignments of error. - Refused  3- 2, Starcher & Albright.