November 17, 2005
1. T. Weston, Inc. v. Mineral County, West Virginia and County Commission of Mineral County, West Virginia, et al. - No. 052196. The United States District Court for the Northern District of West Virginia submits an order of certification pursuant to West Virginia Code §51-1A-1, et seq., setting forth the following question:
Is a county commission, which has created a planning commission pursuant to Chapter 8, Article 24 of the West Virginia Code, precluded from adopting a county ordinance limiting the areas of the county in which a business may offer exotic entertainment pursuant to Chapter 7, Article 1, Section 3jj(b) of the Code?
Grant 5 - 0
2. Robert J. Campbell, III v. Morgan County Board of Health - No. 051665. Plaintiff appeals from the circuit court’s order denying his motion for a new trial following an adverse jury verdict in this employment discrimination action.
Refuse 3 - 2
[ Albright, C. J., Starcher, J. ]
3. State of West Virginia ex rel. Robert L. McCabe v. Evelyn Seifert, Warden of the Northern Correctional Center - No. 051788. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus.
Accept To Motion Docket
4. Associated Architects, Inc., a West Virginia Corporation v. John Wolfe, individually and as owner of Wolfe Construction Co., Inc., a West Virginia Corporation - No. 051805. Defendants appeal from the circuit court’s order awarding summary judgment in favor of plaintiff following defendants’ admission of liability in this action for negligence and fraud.
Accept To Motion Docket
5. Mark Roberts v. West Virginia American Water Company, a West Virginia Corporation; Kanawha County Commission; E.L. Robinson Engineering Co., a Virginia Corporation, and FAMCO Contracting, Inc., a West Virginia Corporation - No. 051806. Plaintiff appeals from the circuit court’s order awarding summary judgment in favor of defendant water company finding that plaintiff’s claims are time-barred.
Refuse 5- 0
6. State of West Virginia v. James Allen Mechling - No. 051808. Defendant appeals from the jury verdict finding him guilty of two counts of forgery. Defendant requests that the verdict be reversed and that he be granted a new trial.
Refuse 5- 0
7. Heather C. Washington v. Charles D. Washington - No. 051819. Petitioner husband appeals from the circuit court’s order dismissing the petition for appeal as untimely. Petitioner seeks a remand to the circuit court with directions that it make a finding that the appeal was timely filed and to consider the appeal on the merits.
Accept To Motion Docket
8. John Doe and Jane Doe v. State of West Virginia and Col. Gary Edgell, Superintendent, West Virginia Department of Public Safety - No. 051841. Plaintiffs appeal from the circuit court’s order entered in favor of defendants in this declaratory judgment action to determine whether West Virginia Code §15-12-1, et seq. [formerly §61-8F-1, et seq.] applies to plaintiff, John Doe, and the consequent effect upon plaintiff, Jane Doe.
Refuse 5- 0
9. Clifford Lee Griffin, II v. Mark Hobbs - No. 051842. Plaintiff appeals from the circuit court’s order dismissing plaintiff’s legal malpractice action on the basis that the attorney represented the plaintiff’s father’s estate and not plaintiff.
Accept To Motion Docket
10. Diana Martin v. Roger Lee Martin - No. 051887. Defendant appeals from the trial court’s post-trial order denying defendant’s motion to re-occupy certain real property, upholding the jury’s verdict on the issue of ownership of that property, and granting a new trial on the issue of damages in this action seeking to quiet title.
Accept To Motion Docket
11. In Re: Curtis Andre R. - No. 051897. Defendant appeals from the circuit court’s disposition order in this juvenile proceeding sentencing defendant to the Davis Correctional Facility until he reaches the age of 18.
Refuse 4-1
[ Starcher, J. ]
12. In Re: Estate of Inez Trail - No. 051898. Petitioner appeals from the circuit court’s order granting summary judgment in favor of respondent and denying petitioner’s motion for summary judgment in this will contest action.
Accept To Motion Docket
13. In Re: Estate of Inez Trail - No. 052142. Petitioner appeals from the circuit court’s order granting summary judgment in favor of respondents in this will contest action.
Accept To Motion Docket
14. Jesse Littleton and Janice Littleton v. Robert M. Kelley, Betsy Carol Kelley, John D. Mays, Jr., Robin M. Mays, Marion Dudley and other unnamed defendants - 051632. Plaintiffs appeal the circuit court’s order in their suit seeking declaratory relief and a permanent injunction to stop defendants from trespassing on plaintiffs’ property. After a bench trial, the court granted partial relief, but found that defendants are entitled to use a specific part of plaintiffs’ property to access defendants’ property.
Refuse 5- 0
15. State of West Virginia v. Tex G. Holbrook, II - No. 051686. Tex G. Holbrook, II appeals his conviction for eight counts of incest, eight counts of sexual assault in the second degree, and eight counts of sexual abuse by a parent, guardian or custodian.
Refuse 4-1
[ Starcher, J. ]
16. Mickey McClure v. Point Mining, Inc., a West Virginia Corporation, Joy Technologies, Inc., d/b/a Joy Mining Machinery, a Delaware corporation, and John Doe, an unknown person, persons, entity, or entities - No. 051911. Plaintiff Mickey McClure appeals the circuit court’s order which granted defendant Joy Technologies’ motion to dismiss a products liability complaint based upon expiration of the statute of limitations.
Accept To Motion Docket
17. State of West Virginia v. Nicholas Adam Talbott - No. 051928. Nicholas Adam Talbott appeals his sentence imposed after he pled guilty to sexual assault in the third degree. He asserts that 1 to 5 years is excessive in light of the evidence, and that he was not fully informed that registration as a sex offender would be a definite part of his sentence.
Refuse 5- 0
Grant 3 - 2
18. Virgil T. Helton, State Tax Commissioner of the State of West Virginia v. R. MichaEl Reed, Chief Administrative Law Judge, West Virginia Office of Tax Appeals, and Elk Run Coal Co., Inc. - No. 051951. The State Tax Commissioner appeals from the circuit court’s order 1) denying the Commissioner’s petition for writs of prohibition and mandamus and for appeal, and 2) granting taxpayer Elk Run Coal Co., Inc.’s motion to dismiss. This case involves procedural issues in a coal severance tax case.
[ Maynard, J., Bejnamin, J. ]
19. Stephen M. Ash v. West Virginia Department of Education - No. 051952. Stephen Ash appeals the circuit court’s order which affirmed the administrative decision to deny him a teaching certificate.
Refuse 3 - 2
[ Albright, C. J., Starcher, J. ]
20. Tony Reese and Elizabeth Reese v. Robert Jaramillo and Leatrice Jaramillo - No. 051954. The plaintiffs in a suit involving a disputed property line appeal the circuit court’s findings and conclusions after a bench trial. The court found that the defendants have adversely possessed the property in dispute, the defendants are not liable to plaintiffs for the cost of a bulldozer rental, and the defendants are not liable for the plaintiffs’ attorneys fees. The plaintiffs also appeal an earlier order granting a new trial.
Refuse 5- 0
21. Stephanie Adkins, Maureen Clemons, Lou Jones and Jim McIntyre, on behalf of Gauley Bridge Citizens for Equal Education v. Board of Education of Fayette County: Steve Pilato, President; Carolyn Arritt; Peggy Farmer; Missy Smith; and Patricia Spangler; and West Virginia Board of Education - No. 051955. The Fayette County Board of Education and its members, and the State Board of Education, appeal the circuit court’s order granting a petition for mandamus and preliminary injunction. The circuit court’s order stops the closure of Gauley Bridge High School and changes to the configuration of certain other Fayette County schools. The order has been stayed by this Court pending appeal.
Accept To Motion Docket
22. Beverly Gandee v. Division of Corrections and Division of Personnel - No. 052003. Petitioner is an employee of the WV Division of Corrections who appeals the circuit court’s order affirming the decision of the Grievance Board to deny her employment grievance. She asserts that she is misclassified in her position of Corrections Program Specialist, Senior.
Refuse 4-1
[ Starcher, J. ]
23. Ray Massie, Michael Fink, Jeanie Pennington and Lorain Meadows v. The County Commission of Raleigh County - No. 051990. Plaintiffs appeal the circuit court’s order dismissing their case. They seek equitable relief to ensure that future election recounts by the defendant county commission are fair and proper, and assert that the defendant committed fraud in inducing plaintiff Fink to pay the costs of an improper recount in 2004.
Refuse 5- 0
24. Joe Bias and Jerry Bias v. Thomas E. Stowers, Watson V. Wiley, Dwight E. Plumley, Charles W. Gibson, Cebert Shelton, Obita Kay Nelson and Janet L. Plumley - No. 051996. Defendants appeal the circuit court’s order which held that after a court-ordered vote of church members, the congregation chose to be the Buffalo Missionary Baptist Church and the church’s real property is to be deeded to the Buffalo Missionary Baptist Church.
Refuse 5- 0
25. State of West Virginia v. Harry Lee Franks, Jr. - No. 052004. Harry Lee Franks, Jr. appeals his conviction for felony unlawful assault.
Refuse 5- 0
26. State of West Virginia v. Dewayne Russell Ramsey - No. 052005. Petitioner appeals his conviction for two counts of sexual abuse in the third degree and two counts of sexual abuse by a parent, guardian or custodian.
Refuse 4 - 1
[ Albright, C. J. ]
27. State of West Virginia v. Anthony Ward - No. 052006. Anthony Ward appeals his conviction for felony third offense domestic battery.
Refuse 5- 0
28. Jennifer E. Ingram, by and through her next friend and guardian, Elizabeth Gail Ingram v. GEICO General Insurance Company, a Maryland Corporation- No. 052008. Plaintiff Ingram appeals the granting of summary judgment to Defendant GEICO. The court determined that Virginia law applies and that Jennifer Ingram is not covered under her father’s underinsurance policy because she is not a member of his household.
Refuse 5- 0
29. Town of Jefferson v. Kanawha County Commission - No. 051909. The Town of Jefferson appeals the Circuit Court’s Order dissolving the Town of Jefferson. On March 24, 2005, the Kanawha County Commission ordered that the Town’s certificate of incorporation be forfeited. On June 23, 2005, the Circuit Court affirmed the dissolution and denied Certiorari.
Refuse 5- 0
30. State of West Virginia v. Mitchell L. Mullins - No. 052157. Petitioner was convicted of ten counts of sexual abuse by a parent, guardian or custodian. He seeks reversal of his conviction of and for a Judgment of Acquittal to be entered, or in the alternative, for him to be granted a new trial.
Refuse 5- 0
31. State of West Virginia, Ex. Rel. Hanley C. Clark, Insurance Commissioner of the State of West Virginia v. Blue Cross and Blue Shield of West Virginia, Inc., and United Mine Workers of America, International Union v. Receiver of Blue Cross and Blue Shield of West Virginia - No.
052166. This appeal involves a contested matter arising in an action filed by the West Virginia Insurance Commissioner in 1990 against Blue Cross and Blue Shield of West Virginia, which resulted in an order placing Blue Cross in receivership and enjoining any actions by creditors or other parties against Blue Cross. This action comes from a May 10, 2005 Order adopting the referee’s recommendations and entering an order granting summary judgment to the Receiver and denying the UMWA’s motion for summary judgment.
Accept To Motion Docket
32. Judith Sheehan v. Board of Education of the County of Fayette- No. 052167. Petitioner appeals the circuit court’s Order affirming the decision of the ALJ at the Grievance Board denying the grievance. Petitioner was seeking college equivalent credit for training she had received on May 16, 2003.
Accept To Motion Docket
33. State of West Virginia v. Joey L. Ruble - No. 052177. Petitioner appeals the denial of his Motion for Reconsideration and requests for alternative sentencing. The court sentenced petitioner to not less than one (1) year and not more than five (5) years in the penitentiary for his guilty plea to Delivery of a Controlled Substance within 1000 feet of a school.
Refuse 4-1
[ Starcher, J. ]
34. State of West Virginia v. Miguel Delgado - No. 052178. Petitioner was convicted of First Degree Murder by a jury in July of 2004. He was subsequently sentenced to life imprisonment with no possibility of parole. Petitioner requests a new trial or a judgment of acquittal.
Accept To Motion Docket
35. Tom B. Farley, Jr. v. Crystal Farley - No. 052179. Petitioner appeals the decision of the Mingo Count Circuit Court denying his petition for appeal from an order modifying in part and denying in part the petition to Modify Child Support and Alimony. The lower court held that Mr. Farley had been granted relief for the period of time that he was unemployed by the reduction of his alimony obligation to $0.00 although child support remained the same. The Circuit Court held that the record did not support the allegation of error that the Family Court had held part of the alimony award to be alimony in gross and therefore not subject to modification.
Refuse 5- 0
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