1. Donald Nichols v. Roger Pritt, Commissioner - No. 021237. Petitioner appeals from the circuit court's order denying his petition for writ of prohibition and mandamus. Petitioner sought to prohibit the Commissioner of DMV from revoking his driver's license and to compel a reinstatement of that license or, in the alternative, to grant petitioner a hearing on the revocation of his driver's license.

Grant 3-2
[ Davis, C.J., Maynard, J. ]

2. Marlene J. McGee v. Louis L. McGee - No. 021238. Petitioner wife appeals from the circuit court's order directing that a 3% COLA be applied to her retirement thereby raising the value of her retirement by $100,875, which grossly affected equitable distribution.

Grant 4-1
[ Maynard, J. ]

3. SER Lawrence Dilsworth v. Howard Painter, Warden - No. 021240. Petitioner appeals from the circuit court's denial of his petition for habeas corpus relief. He seeks a reversal and an order voiding his convictions or, in the alternative, a remand for a new trial.

Refuse 5-0

4. Ronald E. Myers v. James Liller, Superintendent - No. 021255. Petitioner appeals from the circuit court's denial of his petition for habeas corpus relief.

Refuse 5-0

5. State of West Virginia v. Kevin R. Skidmore - No. 021272. Defendant was convicted of malicious wounding and domestic battery. His sentence was deferred and he was remanded to the Anthony Center. Defendant's motion to dismiss based upon the State's failure to prove venue was denied. His motion for a new trial based upon newly discovered evidence was also denied. Defendant seeks a dismissal or, in the alternative, a new trial.

Refuse 4-1
[ McGraw, J. ]

6. S. Dallas Cooley, M.D. v. Grant Memorial Hospital, Board of Trustees - No. 021273. Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants on this action for breach of an employment contract and wrongful termination.

Refuse 3-2
[ McGraw, J., Albright, J. ]

7. State of West Virginia v. Joshua Dean Sprague - No. 021312. Defendant seeks a reversal of his convictions for escape from a correctional institution, malicious assault on a correctional officer, aggravated robbery and conspiracy to commit escape from a correctional institution. He raises issues of venue, prosecutorial misconduct and insufficiency of the evidence.

Grant 3-2
[ Davis, C.J., Maynard, J. ]

8. State of West Virginia v. Jeremy Neace - No. 021314. Defendant appeals from his conviction of second degree murder. He was sentenced to 40 years in the penitentiary.

Accept To Motion Docket

9. In Re: West Virginia Rezulin Litigation - No. 020888. Plaintiffs appeal from the circuit court's order denying class certification and ruling on merit issues.

Grant 4-0
[ Davis, C.J., Diqualified ]

10. State of West Virginia v. Thomas E. Rush - No. 021325. The Petitioner appeals his conviction on two counts of felony driving under the influence of Alcohol Causing Death, as well as First Offense Driving Under the Influence of Alcohol.

Accept To Motion Docket

11. SER Stephen R. Witchoski v. Howard Painter, Warden - No. 021347. This is an appeal of the denial of habeas corpus relief in Jefferson County. Petitioner was found guilty of fourteen counts: two counts of sexual assault in the third degree, four counts of sexual abuse in the third degree, eight counts of sexual abuse by a custodian of a child. Relief by direct appeal was previously denied by the Supreme Court of Appeals.

Refuse 5-0

12. State Farm Mutual Auto Insurance v. David M. Jackson - No. 021349. This case falls under the West Virginia Unfair Claims Settlement Practices Act, more specifically, Code Section 33-11-4(9)(d) and (f), arises as a result of an accident which occurred on 5/16/96, when a vehicle being driven by the plaintiff was struck in the rear by a vehicle being driven by State Farm's insured, Teri Smoot. The Circuit Court granted Summary Judgment, finding violations as a matter of law by State Farm.

Accept To Motion Docket

 

13. West Virginia Department of Transportation, Division of Highways v. Carl and Geneva Hatfield - No. 021350. The following is an eminent domain action with an issue of determination of just compensation for real estate sought by the petitioner and damage to the residue. The jury returned a verdict of $110,000. This is an appeal of an Order entered in the circuit court denying the Motion for New Trial filed by petitioner. The Court confirmed the jury verdict.

Refuse 5-0