November 18, 2003 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, November 18, 2003

1. State of W. Va. v. Irvin Victor Cowgill - 030926 - Petitioner appeals his conviction for murder in the second degree and his sentence of forty years incarceration. - Refuse 5 - 0.

2. Amber Edens v. Carrie Newhouse, Stephaine Walker and David Walker and Progressive Paloverde Insurance Co. v. Carrie Newhouse - 030304 - Petitioner appeals from the circuit court's finding as a matter of law that there were no questions of fact for the jury to determine regarding Progressive's obligation under a motor vehicle liability policy to provide coverage to its insureds Carrie Newhouse and Stephanie Walker and hence Amber Edens and granted summary judgment. An order was issued on October 1, 2002, granting the summary judgment and denying motor vehicle insurance coverage to petitioner. - Refuse 4 - 1 , McGraw.

3. Tommy A. Rohrbaugh v. State of W. Va. - 031037 - The State appeals from the circuit court's order granting to respondent, who is a convicted felon, the reinstatement of various civil rights, including the right to possess firearms. In doing so, the circuit court declared several West Virginia statutes unconstitutional and found that W.Va. Code §61-7-7, insofar as it prohibits a convicted felon from possessing a firearm, constitutes cruel and unusual punishment and violates the proportionality doctrine. The State seeks a reversal of the circuit court's rulings. In the alternative, the State requests that a writ of prohibition issue which (1) prohibits the circuit court from restoring to respondent any civil rights to which he is not entitled by law, and (2) prohibits the circuit court from restoring or granting to respondent the right to possess any type of firearm under any circumstances. - **Grant 5 - 0.

4. Melissa R. Pittsnogle & Jennifer L. Wasson v. WV Department of Transportation - 031071 - Plaintiffs below appeal the circuit court's order which granted summary judgment to the defendant employer in a W.Va. Human Rights Act case. They assert the circuit court erred in determining as a matter of law that they had not proven that a disparate impact is caused by the defendant's training policy. They also assert error in the court's finding that "women with infant children" are not a protected class under the Human Rights Act. - Grant 4 - 1 , Davis.

5. State of W. Va. v. Bradley Earl Hacker - 031073 - Petitioner appeals his convictions and sentences for felony murder without a recommendation of mercy, for which he was sentenced to life in prison, and for possession with intent to deliver marijuana, for which he was sentenced to one to five years. - Refuse 3-2, Starcher & Albright.

6. Leland Thorne, et al. v. Richard L. Comer, et al. - 031261 - Petitioners appeal from the circuit court's order determining that petitioners have only a 14 ft. right-of-way accessing their real estate pursuant to written deeds and documents filed in the Office of the Clerk of the County Commission of Grant County. Petitioners sought injunctive relief to restrain respondents from interfering with petitioners' claimed 30 ft. right-of-way. Petitioners appeal to this Court on the issue of the width of the subject right-of-way. - Grant 4 - 1 , Davis.

** Justice McGraw would grant at issue #1 only.