November 28, 2006

1.  State of West Virginia v. Daniel B. Bingman - No. 062372. Defendant appeals from his misdemeanor conviction for petty larceny. Defendant seeks a reversal of his conviction and a dismissal of the charges.

Accept To Motion Docket

2.  State of West Virginia v. Brendan C. Barbour - No. 062373. Defendant appeals from his sentencing following his guilty plea to the felony offense of delivery of a Schedule I controlled substance within 1,000 feet of a school. Although the State recommended that the sentence be suspended in lieu of the completion of the youthful offender program at the Anthony Correctional Facility, defendant was sentenced to two to five years in the penitentiary.

3.  State of West Virginia v. Andre D. Wilson- No. 062374. Defendant appeals his conviction of one count of robbery in the second degree following a jury trial. Defendant challenges his sentencing.

4.  Danny C. Huffman v. Samuel W. Gabbert, Sr. - No. 062385. Defendant appeals from the circuit court’s order granting summary judgment in favor of plaintiff in this boundary line dispute.

5.  Robert J. Zaleski, M.D. v. West Virginia Physicians’ Mutual Insurance Company - No. 062410. Defendant insurance company appeals from the circuit court’s order granting partial summary judgment in favor of plaintiff, ordering the reinstatement of insurance coverage to plaintiff, and denying defendant’s motion to dismiss. 

6.  William C. Williams v. Mac Arthur Dingess, an individual, Dingess Lumber Company, Inc., Dingess Transport, Inc., and John Doe business entity, an unknown business entity - No. 062394. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendants and dismissing his personal injury action for common-law negligence claims and, alternatively, a deliberate intent claim arising from a sawmill accident. Plaintiff also appeals the circuit court’s order denying access to information concerning defendants’ compliance with the West Virginia Workers’ Compensation Act. Defendant seeks a reversal and remand.

Accept To Motion Docket

7.  Grace Lontz and Beverly Pettit v. Joyce Tharp, Elizabeth Doak, James Baish, Sandep Thakrar, and Monical, LLC d/b/a Holiday Inn Express - No. 062519. Plaintiffs appeal from the circuit court’s order dismissing their claims for wrongful discharge and constructive discharge. 

8.  Amanda A. Frymier v. Higher Education Policy Commission, Glenville State College - No. 062371. Petitioner Amanda Frymier appeals from the circuit court’s order which affirmed the grievance board’s decision that petitioner was not subjected to discrimination and favoritism. 

Accept To Motion Docket

9.  State ex rel. Frederico Hatcher v. Thomas McBride, Warden, Mount Olive Correctional Complex - No. 062442. Frederico Hatcher appeals the dismissal with prejudice of his second petition for post-conviction habeas corpus resulting from an aggravated robbery conviction.

10.  M. Mechelle Shepherd v. Charles W. Shepherd - No. 062495. Wife appeals issues of equitable distribution in a divorce case. 

11.  State of West Virginia v. David Gable - No. 062508. David Lee Gable appeals the sentence he received after pleading guilty to two counts of Delivery of a Schedule 1 Controlled Substance, to wit, marijuana.

12.  State of West Virginia v. Daniel W. Baciak - No. 062509. Daniel W. Baciak appeals his conviction for felony Driving While Revoked for Driving Under the Influence of Alcohol, third offense.

13.  Martinsburg Fire Fighters, Local 805, I.A.F.F. v. The City of Martinsburg - No. 062530. The Martinsburg Fire Fighters, Local 805, I.A.F.F. appeals the circuit court’s orders which 1) dismissed with prejudice its petition for mandamus, and 2) granted an adverse summary judgment on its petition for declaratory judgment. Local 805 asserts that the City of Martinsburg hired a fire chief without following required procedures.

Refuse 4 - 0
 (Starcher, J. Not Participating)

14.  Brenda Kuhn v. Department of Revenue, State Tax Department Brenda Kuhn v. Virgil Helton, Tax Commissioner Department of Revenue - No. 062576. The State Tax Commissioner appeals the decision of the Circuit Court which reversed the decision of the Grievance Board. The Grievance Board had upheld the Tax Department’s decision to terminate an employee. 

Refuse 4 - 0
 (Starcher, J. Not Participating)

15.  Nancy K. Hudkins v. State of West Virginia Consolidated Public Retirement Board - No. 062588. The WV Consolidated Public Retirement Board appeals the circuit court’s order which reversed the Board’s administrative decision regarding the conversion of certain sick leave to retirement service credit. 

Grant 4 - 0
 (Starcher, J. Not Participating)

16.  Troy Lee Porter, Sr. v. Mingo Logan Coal Company - No. 062590. Plaintiff Troy Lee Porter, Sr. appeals the circuit court’s order granting summary judgment in favor of Defendant Mingo Logan Coal Company in a deliberate intent case. 

Accept To Motion Docket

17.  American Canadian Expeditions, Ltd, a West Virginia corporation v. The Gauley River Corporation, a West Virginia corporation, and Mountain River Tours, Inc., a West Virginia corporation - No. 062598. Plaintiff American Canadian Expeditions, Ltd. appeals the circuit court’s order granting summary judgment in favor of defendants The Gauley River Corporation and Mountain River Tours, Inc. The court found that holding an option to purchase certain real property did not give plaintiff a legal or equitable right to seek damages for timber removed from the property during the option period. 

Grant 4 - 0
 (Starcher, J. Not Participating)

18.  Charles B. Zirkle v. Upshur County Commission - No. 062599. Plaintiff Charles Zirkle appeals the circuit court’s order which dismissed with prejudice his claims against Defendants The Upshur County Commission and The Elkins Road Public Service District. 

Accept To Motion Docket

19.  James C. Whitehair and Deborah L. Whitehair v. Andrew Lakatos and Virginia Lakatos- No. 062601. This civil action arose out of a Complaint for Declaratory Judgment filed by petitioners on August 13, 2004. Plaintiffs request that the Preston County Circuit Court’s ruling be reversed with regard to the portion of the ruling that treats McNair road as a prescriptive easement. 

Refuse 4 - 0
 (Starcher, J. Not Participating)

20.  State of West Virginia v. Danny L. Cecil - No. 062615. Petitioner seeks a reversal of his conviction upon three felony counts, including one count of Sexual Abuse in the First Degree and two counts of sexual abuse by a guardian or custodian. 

Accept To Motion Docket

21.  Lackawanna Transport Company d/b/a Wetzel County Landfill and Compost Facility v. Wetzel County Solid Waste Authority - No. 062616. Petitioner, Lackawanna Transport Company, appeals the Circuit Court’s granting of the Motion to Dismiss submitted by the respondent. 

Refuse 4 - 0
 (Starcher, J. Not Participating)

22.  SER Gary Allen Gibson v. Thomas McBride, Warden - No. 062617. The petitioner, Thomas McBride, appeals the state habeas court’s May 10, 2006, Final Order granting the Respondent herein, petitioner below, Gary Gibson’s petition for post-conviction relief under West Virginia Code §53-4A-1 et. seq. Petitioner asserts that the habeas court incorrectly found three of the trial court’s discretionary rulings to be error. 

Accept To Motion Docket
Motion to quash refused

23.  State of West Virginia v. James Hosby - No. 060737. Petitioner files an appeal from the circuit court’s order revoking his parole. Petitioner requests that the revocation be reversed and he be reinstated to probation.

24. State of West Virginia v. Keith William Lowe - No. 060798. Defendant appeals from his conviction on first degree murder without mercy. 

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