2.  Scott McMahon and Karen John, and others similarly situated v. Advance Stores Company, Incorporated, dba Advance Auto Parts, and Donn Free  - No. 091587. Defendants petition this Court to accept the following certified question from the circuit court:

The circuit court answered this question in the affirmative.   Accept to Motion Docket

3.  In re the children of: Michael W. Hurst v. Shawna S. Swiger - No. 091415. Petitioner father appeals from the circuit court’s order reversing, in part, the family court’s order regarding child custody. Petitioner father challenges the circuit court’s reversal of the family court’s Final Order of Modification awarding him custody of the minor children two out of every three weekends during the school year.  Refuse 5-0

4.  Annie Mack-Evans, Personal Representative of the Estate of Mamie Mack v. Hilltop Health Care Center, Inc., d/b/a Hilltop Center, a/k/a Hilltop Healthcare and Rehabilitation Center; Genesis Healthcare Corporation; Genesis Eldercare Corporation; Genesis Health Ventures of West Virginia, LP; Genesis Eldercare Network Services, Inc.; Genesis Eldercare Management Services, Inc.; Genesis Eldercare Rehabilitation Services, Inc.; Genesis Eldercare Staffing Services, Inc.; Genesis Eldercare Hospitality Services, Inc.; and Oak Hill Hospital Corporation, d/b/a Plateau Medical Center - No. 091416. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendant, Oak Hill Hospital Corporation, d/b/a Plateau Medical Center, and dismissing all of plaintiff’s claims against defendant hospital, with prejudice, in this professional liability/medical malpractice case concerning the care and treatment of plaintiff’s decedent at defendant hospital. Plaintiff asserts that there is a genuine issue of material fact precluding summary judgment and that the statute of limitations was tolled. Grant 5-0

5.  M & J Garage and Towing, Inc., a West Virginia Corporation v. The West Virginia State Police - No. 091432. Plaintiff appeals following the circuit court’s order dismissing this action for declaratory judgment, injunctive relief, and damages. Plaintiff sought, inter alia, a declaration that the State Police had exceeded its statutory power in the regulation and penalization of plaintiff, as well as an injunction to prohibit the State Police from continuing to violate plaintiff’s rights. Plaintiff asks this Court to vacate the circuit court’s order and issue the injunction, among other things.  Accept to Motion Docket

6.  State of West Virginia v. Sandy Martin Cook - No. 091433. Defendant appeals from his convictions on 12 counts of sex related crimes. Defendant raises issues related to the delay in bringing the charges against him and evidentiary error at trial. Among other issues, defendant asserts that his sentence was constitutionally disproportional. Defendant seeks a reversal of his convictions.  Accept to Motion Docket

7.  State of West Virginia v. Timothy D. Griffith - No. 091434. Defendant appeals his conviction for first degree robbery following his guilty plea. Defendant asserts that his plea and conviction are illegal for lack of evidence of the presentment of a firearm and on the basis of ineffective and incompetent counsel. Defendant asks this Court to hear his petition and vacate his guilty plea to first degree robbery. Refuse 5-0

8.  State of West Virginia v. David Wayne Doyle - No. 091368. David Wayne Dolye files a "Combined Petition for Appeal and Petition for Writ of Prohibition." He asserts, inter alia, double jeopardy and equal protection violations, as well as incorrect credit for time served before conviction. Defer for Response

9.  State of West Virginia v. Richard Lewis Morris - No. 091386. Richard Lewis Morris appeals his conviction for one count of felony Driving Under the Influence Causing Death and two counts of misdemeanor Driving Under the Influence Causing Injury. He asserts that the court erred in allowing hearsay testimony, that the court erred by not ruling on a motion in limine and by allowing a witness to testify, that the police failed to preserve potentially exculpatory evidence, and that the court has not ruled on a motion for reconsideration.  Grant 3-2 (Davis, Workman)

10.  Terry D. Nichols v. West Virginia Consolidated Public Retirement Board - No. 091447. The W.Va. Consolidated Public Retirement Board appeals the circuit court’s order which reversed the Board’s decision. The court found that the Board’s decision to award State Trooper Terry D. Nichols non-duty related partial disability benefits, instead of duty related partial disability benefits, was in violation of a regulation, clearly wrong, arbitrary, and an abuse of discretion.  Refuse  4- 1, (Ketchum)

11.  In re: Michael Martin, Mayor of Mt. Hope, and the City Council of the City of Mt. Hope, Fayette County, West Virginia - No. 091459. George F. Smith appeals a three judge panel’s order concluding that he had not proven grounds for removal of the Mayor and City Council of the municipality of Mount Hope.  Refuse 5-0

12.  State of West Virginia v. Charles E. Brown - No. 091462. Charles E. Brown appeals his conviction for two counts of Attempted Murder and one count each of Assault During the Commission or Attempt to Commit a Felony, Wanton Endangerment Involving a Firearm, Malicious Assault, and Prohibited Possession of a Firearm. He asserts that his trial defense counsel was ineffective during jury voir dire.  Refuse 5-0

13.  State of West Virginia v. Matthew C. McCormick - No. 091466. Matthew C. McCormick appeals the sentence he received for his conviction of Unlawful Assault. He was sentenced to 1 to 5 years in the penitentiary, but seeks an alternate sentence of placement at the Anthony Center for Youthful Offenders. Refuse 3-2 (Benjamin, Ketchum)

14.  State of West Virginia v. Benny Ray Roberts - No. 091481. Benny Ray Roberts appeals his conviction for felony murder with a recommendation of mercy. He asserts fourteen assignments of alleged trial and constitutional error. Defer 

15.  PM Terminals, Inc. v. Kenneth E. Chittum - No. 091482. Kenneth E. Chittum appeals the circuit court’s "Order to Record Liens on Certificates of Title" in a collection action.  Refuse 5-0

16.  State of West Virginia v. George Knapp - No. 091485. George Knapp appeals the circuit court’s order denying his motion for reconsideration of sentence. He was sentenced to 2 to 10 years for his conviction upon guilty plea to two felony counts of Delivery of a Controlled Substance.  Refuse 5-0

17.  Howard D. Keller v. Gary Cessna, et. al - No. 091475. Petitioner Howard Keller seeks review of orders of the Berkeley County Circuit Court which dismissed his action for damages on a motion for Judgment on the Pleadings. Mr. Keller filed suit against the Respondent realtors raising claims of fraud and negligent misrepresentation.  Defer

18.  Harold L. Cyrus v. David Ballard, Warden of Mt. Olive Correctional Center - No. 091486. Harold L. Cyrus submits a Petition for Appeal following the Mercer County Circuit Court’s denial of his Petition for Writ of Habeas Corpus after an evidentiary hearing was conducted on November 24, 2008. Mr. Cyrus is seeking post-conviction Habeas relief from his July 24, 2006, sentence following convictions of two counts of Sexual Abuse by a Custodian and two counts of incest.  Refuse 5-0

19.  George Wilkinson and Julie Wilkinson v. Division of Corrections - No. 091496. The Department of Corrections appeals from a Kanawha County Circuit Court’s Order denying its Motion for Judgment as a Matter of Law following a jury trial in which the plaintiffs were awarded damages in their successful claims of wrongful discharge and loss of consortium.  Refuse 3-2 ( Ketchum, McHugh)

20.  Martha Y. Walker, Secretary of the West Virginia Department of Health and Human Resources v. V. S., by her legal guardian Nancy Benson - No. 082277. In this Medicaid claim, the Department of Health and Human Resources initially found that the Claimant no longer met the criteria for continued eligibility for the Mentally Retarded/Developmentally Delayed Home and Community-Based Waiver Program. The Circuit Court of Kanawha County issued a Final Order dated July 17, 2008, finding that V. S. meets this requirement, and that she meets at least three areas of substantial adaptive deficits, out of the possible six as required for her to remain on Waiver status.  Refuse 5-0

21.  State of West Virginia v. Jeffrey Ray Woods - No. 091458. Jeffrey Ray Woods appeals his conviction for three counts of First Degree Murder without recommendations of mercy, two counts of First Degree Robbery, and one count of Conspiracy. He asserts multiple assignments of error alleging substantive error on the verdict form, violations of his right to counsel, improper search and seizure, biased jurors, multiple instances of evidentiary error, insufficiency of the evidence, cruel and unusual punishment, ineffective assistance of counsel, and cumulative error.  Accept to Motion Docket

 
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