Supreme Court of Appeals of West Virginia

 gavel     Argument Docket    

Tuesday, November 28, 2000

1. Lawyer Disciplinary Board v. Marc P. Turgeon  - 25189 - This three-count disciplinary action arises out of Respondent Marc Turgeon's representation of three individuals. Count I concerns his representation of Harold Douglas Gunnoe in two murder trials in Kanawha County. On Count I, the Hearing Panel Subcommittee (HPS) found that respondent's representation on Mr. Gunnoe fell below the minimum level of competence required by the Rules of Professional Conduct. Specifically, the HPS found that respondent violated Rules 1.1, 3.3(a)(1), 3.3(a)(4), 3.5(c) and 8.4(d)with regard to his representation of Mr. Gunnoe. Count II relates to his representation of Ronald Wooding on federal drug and weapons charges. The HPS made similar findings with regard to respondent's representation of Mr. Wooding, determining that violations of Rules 1.1, 1.2(a), 1.3, 1.4(b) and 8.4(d) had occurred. Count III involves representation of James Ballard in a civil action. The HPS found that respondent made false statements in pleadings filed in that civil action, and concluded that respondent had violated Rules 8.2(a) and 8.1(b).

2. John Taylor, et al. v. Mutual Mining, Inc., et al.  - 27781- The petitioners, Island Creek Coal Company, et al, appeal from an order entered in the Circuit Court of Logan County determining the petitioners to be "prime contractors" with regard to the respondents, John Taylor, et al., and awarding the respondents damages for unpaid "wages" in the amount of $519,681.94. The controversy before this Court concerns the inclusion in the damage award of $279,291.12 in arbitration and MSHA awards the respondents were owed by their immediate employer Mutual Mining, Inc.

3. State of W. Va. v. Roland Williams  - 27914- Defendant appeals from his conviction of the felony offense of wrongful injury to timber. He was sentenced to 30 days in jail and fined the sum of $9,052. Defendant seeks a reversal of his conviction and the entry of a judgment of acquittal. In the alternative, defendant seeks a new trial.

4.  State of W. Va. v. Keith Somerlot  - 27907 - Petitioner Somerlot asserts that the court improperly denied his Motion to Dismiss despite the fact that more than 180 days elapsed since the Prosecuting Attorney's office received Somerlot's request for final disposition of the pending charges against him. Petitioner asserts that he should not be denied the application of the Agreement on Detainers because the Marion Correctional Institution neglected to send petitioner's request for a final disposition of all his charges to the Circuit Clerk of Preston County. - Submitted on briefs without oral argument.

5. State of W. Va. v. Garland Leonard - 27909 - Leonard appeals his conviction of a DUI, Second Offense and Driving While Revoked for DUI, 1st Offense, claiming that because the convictions are for misdemeanors and the indictment was delayed beyond the one year time bar under W.Va. Code § 61-11-9, the conviction should be set aside. - Submitted on briefs without oral argument.

6. SER Anita D. Brown, Exex. v. The Corporation of Bolivar  - 27913- No summary available. 

 

Thursday, November 08, 2001