November 1, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, November 1, 2005

1. In Re: Brandon Lee H. S. (WV DHHR) - 050879 - DHHR appeals from the circuit court's Contempt Order issued against DHHR in this abuse and neglect proceeding. The circuit court found that DHHR had failed to take action to alleviate the Child Protective Services staffing crisis existing in the Eastern Panhandle of West Virginia thereby by placing children at risk. - Grant 4 - 1, Starcher.

2. State of W. Va. v. James Allen Mechling - 050901 - Defendant appeals his conviction for domestic battery. - Grant 3 - 2, Davis & Maynard.

3. SER H. E. Sigman v. George Piper, Adm.Law Judge, Office of Tax Appeals - 050463 - H.E. Sigman appeals the circuit court's order denying his petition for mandamus. He asserts that an Administrative Law Judge with the Office of Tax Appeals acted improperly and violated the statute which provides immunity to designated lawyers working for the Legislature. - Refuse 4 - 1, Maynard.

4. Marfork Coal Co. v. Director, WV Department of Environmental Protection and Janice Nease and Freda Williams - 051011 - This action arises out of the W.Va. Dept. of Environmental Protection's suspension of a Marfork Coal Company surface mining permit. The West Virginia Supreme Court of Appeals remanded a previous appeal on October 25, 2004 for consideration of the substantive issues. - Grant 4 - 1, Albright.

5. State of W. Va. v. Clinton Hensley - 051157 - Defendant appeals from the circuit court's order sentencing him to 1 to 10 years following his guilty plea to one count of forgery and 1 to 10 years following his guilty plea to uttering, those sentences to run consecutively. - Refuse 4 - 1, Starcher.

6. State of W. Va. v. Benny F. Gwinn - 051602 - Petitioner appeals maximum consecutive sentences imposed following his guilty plea to attempted murder in the second degree and two counts of wanton endangerment. - Refuse 3 - 2, Albright & Starcher.

7. William L. Sedgmer, Jr., Personally, et al. v. McElroy Coal Co., Consolidation Coal Co., Donsol, Inc., Eugene L. Saunders, Agent - 051309 - Plaintiffs appeal an adverse summary judgment order in a deliberate intent case. - Continued to January 10, 2006.

8. C & O Motors, Inc., Love Imports of St. Albans, Inc., Love Nissan, Inc. and Saint Albans Imports, Inc. v. Bell & Bands, Harry F. Bell, Jr., et al. - 051367 - Plaintiffs filed suit against defendants alleging tortious interference with existing and future business relationships, which resulted from two targeted direct mail advertisements sent to plaintiffs' customers. The Court granted a Motion to Dismiss submitted by the Respondent. - Refuse 4 - 1, Maynard.

9. U. S. Steel Mining Co., Inc., et al. v. Virgil T. Helton, State Tax Comm’r - 051345 - The State Tax Commissioner appeals the circuit court's order which denied the Commissioner's motion for leave to file appeal out of time and granted the Taxpayers' motion to dismiss appeal. The court held that the 60 day statutory deadline for filing an appeal from a decision of the Office of Tax Appeals to circuit court is jurisdictional, and additionally, that the Commissioner failed to show excusable neglect for missing the deadline by 10 days. - Refuse 4 - 1, Starcher.