Supreme Court of Appeals of West Virginia

gavel Argument Docket 
Tuesday November 1, 2005

State Capitol
Charleston, West Virginia

1.  United Bank, Inc., Trustee v. Robert C. Blosser, et al. - 32691- This is an appeal from two consolidated lawsuits in which a motion for Summary Judgment was granted to United Bank. Petitioner seeks a reversal of Summary Judgment, reinstatement of the case, transfer of the case to Boone County and an interpretation of the term "blood relatives".Justice Benjamin disqualified.  Judge Recht sitting by temporary assignment.

2.  Thornton Cooper v. City of Charleston - 32612 - Petitioner Thornton Cooper appeals from the circuit court's order upholding the Respondent City of Charleston's "City Service Fee" ordinance. 

3.  State of W. Va. v. Terri Lynn Singleton - 32673 - Petitioner files an appeal from her conviction of Conspiracy to Possess with Intent to Distribute in the Circuit Court of Raleigh County. Petitioner was sentenced to 1 to 5 years.  - To be submitted on briefs only without oral argument. 

4.  State of W. Va. v. Michelle L. McCracken - 32665 - Petitioner appeals her conviction for three counts of first degree murder with recommendations of mercy.

5.  In Re: Petition by Scott A. McKinney for Judicial Review of Adm. Decision, etc. - 32748 - The DMV Commissioner appeals the circuit court's order reversing an administrative driver's license revocation.

6.  State of W. Va. v. Larry G. Dinger - 32694 - Petitioner appeals his conviction for voluntary manslaughter. He asserts several trial errors and that the court should have granted him a new trial on the basis of newly discovered evidence.

7.  State of W. Va. v. Brandon B. - 32052 - The WV Department of Health and Human Resources appeals from the disposition in a juvenile proceeding where the juvenile was placed in the Department's custody for a placement which the court specified. The Department asserts that the circuit court failed to comply with the statutes setting forth a mandatory multidisciplinary treatment planning process.

     State of W. Va. v. Jacquin B., et al. - 32563 - The WV Department of Health and Human Resources appeals from the disposition in a juvenile proceeding where the circuit court temporarily placed the juvenile in the custody of the DHHR for placement in a specific out-of-state facility. The DHHR asserts that the court failed to comply with statutes setting forth a mandatory multidisciplinary treatment planning process.

8.  Lawyer Disciplinary Board v. Theodore R. Dues, Jr. - 31713 - The Court will hear argument in this lawyer disciplinary matter.

9.  Realco Limited Liability Co. v. Apex Restaurants, Inc. - 32564 - This suit stems from an action alleging breach of contract. Petitioner seeks to have the order denying their Motion to Set Aside Judgment reversed and the default judgment entered in favor of the Plaintiff's vacated. 

10.  Reggie Lee Philyaw v. Eastern Associated Coal Corp. - 32754 - Petitioner files a direct appeal from the circuit court's order granting summary judgment to Eastern Associated Coal. Petitioner filed suit against Eastern alleging intentional infliction of emotional distress because Eastern allegedly required him to commit federal felonies. - Dismissed.

The briefs and other filings are provided in PDF format. 
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Tuesday, November 01, 2005