Tuesday, November 28, 2000

1.  Michelle Fuller, Exe’x v. Alice E. Riffe and Ellis Riffe - 000520 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants on the basis that her action was barred by West Virginia Code §55-2-12. -  Granted 5- 0. 



2.  Adaline Stillwell, et al. v. The City of Wheeling, et al.- 000543 -  In this wrongful death action, the petitioner, Colaianni Construction, Inc., appeals from an order entered in the Circuit Court of Ohio County awarding the respondents, Adaline Stillwell, et al., a new trial. The Circuit Court determined that, although the jury found that the petitioner was not negligent, the petitioner could still be liable to the respondents, if the petitioner's corporate subcontractor ( against which corporation a default judgment had been entered) had been hired to perform an "inherently dangerous activity." -  Granted 3-2, Starcher & McGraw. 



3. Curtis Louden and Anthony Sears v. West Virginia Division of Environmental Protection and Green Valley Coal Co.- 000998 - Petitioner, Michael Castle, Director of West Virginia Division of Environmental Protection, appeals from the circuit court's final order awarding attorney's fees in a mooted administrative appeal.  -  Granted 3-2, Starcher & McGraw. 

4. Tracy L. Goodwin, Richard Goodwin, her husband, and Brandon Goodwin, their infant child v. Stephen H. Bush M.D. - 001022 -  Plaintiffs appeal jury verdict for defendant in a medical malpractice action. -  Refused 5- 0. 

 5. State of W. Va. v. James Allen Crockett - 001098 - The petitioner, James Allen Crockett, challenges his conviction in the Circuit Court of Wayne County of the aggravated robbery of a Rite Aid Pharmacy. The petitioner contends, inter alia, that the Circuit Court erred in denying his motion to suppress a pre-trial show-up identification and a photograph identification of the petitioner as the assailant. -  Refused 5- 0. 

6.  State of W. Va. v. Brando Jefferson Hurt  - 000519 - Hurt appeals his conviction of First Degree Murder, without mercy, claiming that the circuit court erred in granting the State's motion for a bifurcated trial, in allowing unduly prejudicial 404(b) evidence at the sentencing stage, in not suppressing post-Miranda statements made by the petitioner, and in not granting a new trial when there was insufficient evidence to support a guilty verdict. - Refused 4-1, Starcher.

7.  State of W. Va. v. William Johnson- 001467 - The petitioner, William Johnson, appeals from his convictions in the Circuit Court of Cabell County of five counts of second degree sexual assault and five counts of incest. The petitioner challenges, inter alia, the admissibility, at trial, of statements given to the police by him and by the victim. -  Granted 5- 0. 


8.  The Coordinating Council for Independent Living, Inc., et al. v. Honorable Joseph M. Palmer, State Tax Commissioner -  001595 - Tax Commissioner seeks reversal of lower court ruling that prevents enforcement of privilege tax against providers of homemaker and case management services. -  Granted 3-2, Davis & McGraw. 

9.  Paula Taylor Hurley v. Mingo County Board of Education and Pamela Varney, Betty Sammons and Taunia Hale, Intervenors  - 001593 - Board of Education of Mingo County seeks to appeal decision of circuit court regarding bumping rights in multi-classified positions. -  Granted 5- 0.  

10. SER Keith Burdette v. George Trent, Warden - 001458 - The petitioner, Keith Burdette, appeals from an order entered in the Circuit Court of Kanawha County denying him relief in habeas corpus. In the underlying trial, the petitioner was convicted of murder of the first degree, without mercy. The petitioner contends, inter alia, that the habeas court erred in failing to find that the trial court made a number of comments before the jury which were prejudicial to the petitioner and which should have resulted in a new trial. -  Refused 4-1, Scott.