Wednesday, November 1, 2000

1. Linda Ward, Exec., et al. v. The WV Insurance Guaranty Association - 27872 - Petitioner appeals the granting of a motion for summary judgment of defendant West Virginia Insurance Guaranty Association in a uniform declaratory judgment action. The lower court held that the West Virginia Insurance Guaranty Association's statutory obligation to indemnify a physician defendant is not triggered until such time as the limits of coverage available to a co-defendant and alleged tortfeasor, another physician, had been exhausted. - Dismissed.

2. Nathan Peters, et al. v. County Commission of Wood County  - 27908 - Peters and Hoffman appeal the circuit court order dismissing their complaint seeking injunctive and other relief from the Wood County Commission for alleged violation of the Open Governmental Proceeding Act arising from three 1997 meetings of the Commission. Previously, the circuit court had granted summary judgment in favor of the County Commission, which Peters and Hoffman appealed. This Court granted review, reversed the order granting Summary Judgment, and remanded with direction to the circuit court to hold in camera review of the communications between the Commission and its counsel during the challenged meetings in order to determine if the meetings were properly closed due to attorney/client privilege.

3. William K. Hall v. Mingo County Board of Education  - 27870- The petitioner, William K. Hall, appeals from an order entered in the Circuit Court of Kanawha County upholding a Level IV grievance decision to the effect that the petitioner, a substitute bus operator employed by the respondent, Mingo County Board of Education, had less seniority for certain bus operator vacancies than Joel T. Crum, another employee of the Board.

   William K. Hall v. Board of Education of Mingo County, et al.  - 28396 - The petitioner, William K. Hall, appeals from an order entered in the Circuit Court of Kanawha County affirming a Level IV grievance decision that an individual named Ron Matney is entitled to back pay and appropriate seniority with regard to a bus operator position questionably awarded to the petitioner in 1993.

4. Change, Inc. v. Westfield Insurance Company, et al.  - 27863 - No summary available.

5. State of W. Va. v. Chad Coleman  - 27807 - The petitioner, Chad Coleman, challenges his conviction in the Circuit Court of Ohio County of third offense driving under the influence of alcohol, a felony. The petitioner raises a number of assignments of error, including an assertion that the Circuit Court erred in instructing the jury that certain evidence of the State constituted prima facie evidence that the petitioner was under the influence of alcohol. - To be presented on briefs only without oral argument.

6. State of W. Va. v. Jason Anthony Parr  - 27871 - Defendant appeals his conviction by a jury trial of Entering Without Breaking and his sentence of 1 to 10 years to be served consecutively with a previous felony sentence. Defendant was also convicted of Petit Larceny and sentenced to 12 months in the county jail, which sentence is to run concurrently with his Entering Without Breaking sentence, and the defendant was ordered to pay restitution of $5,000 to the victim. On appeal, the defendant argues that the circuit court erred in refusing to accept the defendant's guilty plea and in denying the defendant's motion for Judgment of Acquittal. - To be presented on briefs only without oral argument.

7. State of W. Va. v. David Laney  - 27813 - Laney, pro se, challenges Judge King's denial of Laney's Motion for Reconsideration of his sentence. Petitioner asserts that the trial court clearly erred in failing to hold a hearing.  - Dismissed.

8 State of W. Va. v. Jamaal Wallace  - 27770 - Defendant appeals from his conviction for battery of a police officer for which he was committed to The Industrial Home for Youth at Salem for a period of one year.

9. State of W. Va. v. Clarence E. Boyd  - 27661 - Defendant appeals from the circuit court's denial of his post-trial motion to dismiss. His requests that his conviction for possession of a Schedule 1 controlled substance (marijuana) be set aside. 

10. State of W. Va. v. Evan LaMarr Sears  - 27766 - The petitioner, Evan LaMarr Sears, appeals from his convictions in the Circuit Court of Berkeley County of aggravated robbery and battery. The petitioner contends, inter alia, that an out-of-court identification of the petitioner by the victim, based upon a photographic array, was unduly suggestive and resulted in a denial of the petitioner's right to a fair trial.

11. State of W. Va. v. Anthony Albright  - 27773 - Albright appeals his conviction on one count of unaggravated robbery, claiming that the court erred in failing to suppress the Defendant's statement and in denying Defendant's motion for acquittal.

12. Kevin M. Lee v. The Gentlemen’s Club, Inc., dba Silk Stockings  - 27806 - The petitioner, The Gentlemen's Club, Inc., appeals from an order of the Circuit Court of Harrison County refusing to set aside a default judgment entered against the petitioner and in favor of the respondent, Kevin M. Lee. Although the Secretary of State sent a copy of the summons and complaint to the petitioner's managing officer by certified mail, the managing officer contends that he was not aware of the lawsuit until after a default judgment was entered.

13. Timothy Hafer v. Robert Skinner, Successor Trustee, et al.  - 27767 - The petitioner, Timothy Hafer, appeals from an order entered in the Circuit Court of Berkeley County granting summary judgment in favor of respondent Robert Skinner ( successor trustee ) and dismissing the petitioner's action. In the action, the petitioner sought to set aside the successor trustee's foreclosure sale of a house in Martinsburg, West Virginia. The petitioner contends that the foreclosure sale was procedurally defective and that the price obtained at the sale was unconscionably low.

14. William W. Repass v. WCD/U. S. Steel Mining Company, Inc.  - 27730 - No summary available. - To be presented on briefs only without oral argument.

     Randall Z. Bower v. WCD/Maple Meadow Mining Company  - 28392 - No summary available.  To be presented on briefs only without oral argument.