November 29, 2005
1. In Re: Petition for Grandparent Visitation by Harriet Matthews - No. 052182. Petitioner appeals from the circuit court’s order affirming the family court’s order finding that it had no jurisdiction because petitioner failed to meet the definition of "grandparent" as defined in West Virginia Code §48-10-203.
Refuse 4-1
[ Starcher, J. ]
2. Wishing Well Health Center and Wishing Well Manor v. Bureau for Medical Services - No. 052184. Petitioners appeal from the circuit court’s order affirming, in part, and reversing, in part, a decision of the West Virginia Department of Health and Human Resources Bureau for Medical Services and remanding the matter for further proceedings in accordance with the circuit court’s order.
Refuse 5- 0
3. Loretta Lynn Mullins v. Roger Mullins - No. 052193. Petitioner husband appeals from the circuit court’s order granting in part and denying in part respondent wife’s petition for appeal from the family court to circuit court. Petitioner husband seeks a reversal of the circuit court’s order reversing the finding of the family court and ruling that petitioner husband failed to rebut the presumption that he intended to donate a half interest in the marital home as a gift to the marital estate.
Refuse 5- 0
4. William Copley v. John Simpson - No. 052225. Plaintiff appeals from the circuit court’s order denying his request to set aside an arbitration award pursuant to West Virginia Code §55-10-4, the arbitration having been earlier ordered by the circuit court. The circuit court denied plaintiff’s request on the basis of laches. Plaintiff seeks a reversal of the circuit court’s order and a remand with instructions for a new arbitration hearing.
Refuse 5- 0
5. Joann Streets v. Appalachian Community Health Center, Inc. and Susan Harper - No. 052226. Plaintiff appeals from the circuit court’s order granting defendants’ Rule 41(b) motions to dismiss for failure to prosecute this action for defamation and breach of contract.
Refuse 5- 0
6. State of West Virginia v. Robert Thomas White, Jr. - No. 052228. Defendant appeals from his convictions for third offense DUI, third offense DUI with a blood alcohol concentration of .08 or more, by weight, and driving while revoked for refusing to take a secondary chemical test of blood alcohol content. Defendant seeks a reversal of his conviction and sentencing for driving with an alcohol concentration in his blood of eight hundredths of one percent or more, by weight, and such other relief as this Court may deem appropriate.
Refuse 3 - 2
[ Albright, C. J., Starcher, J. ]
7. State of West Virginia v. Ronnie Allen Rush - No. 052229. Defendant appeals the transfer of his case to adult status and his ensuing convictions on two counts of manslaughter and one count each of first degree robbery, burglary, and conspiracy to commit burglary. Defendant seeks a reversal and a remand for a new trial.
Accept To Motion Docket
8. Heartland, L.L.C., a West Virginia Limited Liability Company, Carl D. Siegel, II, Rebecca A. Sears, and Hickory Plains LLC, a Maryland Limited Liability Company v. McIntosh Racing Stable, L.L.C., a Virginia Limited Liability Company- No. 052230. Plaintiffs appeal from the circuit court’s order granting summary judgment in favor of defendant in this action for breach of an oral contract for the sale of real property in which plaintiffs sought specific performance and monetary damages.
Grant 3 - 2
[ Davis, J., Maynard, J. ]
9. State of West Virginia ex rel. John J. Lynch v. Thomas McBride, Warden, Mount Olive Correctional Center - No. 052248. John J. Lynch appeals the circuit court’s denial of his post-conviction petition for habeas corpus. He is incarcerated based upon his conviction for first degree murder without mercy.
Refuse 5- 0
10. State of West Virginia v. William Franklin Lower - No. 052269. Petitioner appeals following his Kennedy v. Frazier guilty plea to two counts of sexual abuse in the first degree.
Refuse 5- 0
11. Debra Hess and William Allen, Co-Administrators of the Estate of Heather Marie Allen, deceased; Debra Hess, individually and William Allen, individually v. Medical Assurance of West Virginia, Inc. - No. 052268. Plaintiff William Allen appeal from the circuit court’s order granting defendant Medical Assurance of West Virginia, Inc.’s motion to dismiss third-party Unfair Trade Practices Act claims. The court ruled that these claims were filed after the statutory prohibition on such claims.
Refuse 5- 0
12. Carolyn Jenkins, Administratrix of the Estate of Roy L. Jenkins, deceased v. State Farm Mutual Automobile Insurance Company - No. 052044. Plaintiff Carolyn Jenkins appeals the circuit court’s order granting summary judgment in favor of defendant State Farm. She asserts that where there are multiple State Farm underinsurance policies which all covered her insured decedent, as administratrix she should be entitled to recover under the single policy which has the highest limits.
Grant 5- 0
13. West Virginia Board of Chiropractic v. Paul F. Lattimer - No. 052298. Paul Lattimer appeals the Circuit Court’s order affirming the decision of the West Virginia Board of Chiropractic to take disciplinary action including the suspension of petitioner’s chiropractic license.
Refuse 4-1
[ Albright, C. J. ]
14. State of West Virginia v. Jennifer Lynn Fulk - No. 052299. Jennie Lynn Fulk appeals her conviction for driving under the influence of alcohol, third offense.
Accept To Motion Docket
15. SER Frederico Hatcher v. Thomas McBride, Warden - No. 052319. Frederico Hatcher appeals the denial of his petition for post-conviction habeas corpus. He was previously convicted of felony murder without a recommendation of mercy.
Accept To Motion Docket
16. State of West Virginia v. Norma Jean Saunders - No. 052427. Norma Jean Saunders appeals her conviction upon conditional guilty plea of one count of a felony violation of the Solid Waste Management Act, W.Va. Code § 22-15-15(b)(4).
Accept To Motion Docket
17. State of West Virginia v. Damien Ricketts - No. 052430. Petitioner appeals from a July 15, 2005 conviction for misdemeanor battery. He was sentenced to twelve months in the North Central Regional Jail.
Grant 5- 0
18. State of West Virginia v. Charlene Pasquet - No. 052431. Petitioner pled no contest to grand larceny and second degree arson. She was sentenced to one to ten years for grand larceny and two years for second degree arson, with the sentences to be served concurrently. On appeal, petitioner seeks to have her pleas set aside.
Refuse 5- 0
19. American Mining Insurance Company. v. Lightening Contract Services, Inc. and Alex Energy, Inc. v. United National Group v. Lexington Insurance Co. - No. 052364. The following case arose as a declaratory judgment action where American Mining argued that it was not obligated to defend or indemnify Lightning Contract Services and Alex Energy in an employment related claim under the Commercial General Liability Policy. American Mining appeals the circuit court’s finding of coverage under the Policy and seeks a reversal of the Order granting summary judgment in favor of Alex Energy.
Refuse 5- 0
20. Carolyn Osburn v. Community Home Mortgage, LLC - No. 052365. This case arises out of plaintiff’s claims against her mortgage lender, Option One Mortgage Corporation, for Fraud, Unconscionability, Breach of Duty of Good Faith implied in Contract and Unlawful Debt Collection in connection with a 1999 mortgage loan. A jury found for the plaintiffs. Option One Mortgage seeks a reversal of the judgment below and/or a new trial.
Refuse 4- 0
[ Benjamin, J. Not Participating ]
21. State of West Virginia v. Brandon Green - No. 051015. The petitioner was one of several persons convicted of crimes associated with the beating and kidnaping of twenty-four year old Misty Hyson and the theft of her auto. Petitioner was found guilty at a June 2004 jury trial for the offenses of Kidnaping, Grand Larceny, Conspiracy to Commit Kidnaping, Conspiracy to Commit Grand Larceny and the misdemeanor of battery.
Refuse 4-1
[ Starcher, J. ]
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