November 30, 2004
1. Donna Joan Blankenship, an individual; Denae Williams, an infant, by Lynn Williams, Mother and Guardian of Denae Williams; Robert B. Adams, an individual; Albert Shaffer, an individual; Danny Kinder an
individual; and Kenneth Fisher, an individual v. Ethicon, Inc., a New Jersey corporation; Johnson & Johnson, a New Jersey corporation; Johnson & Johnson Hospital Services, Inc., a New Jersey corporation; Johnson &
Johnson Health Care Systems Inc., a New Jersey corporation; Seneca Medical, Inc., an Ohio corporation; Skyland Hospital Supply, Inc., a Tennessee corporation; Amerisource Medical Supply, Inc., a Tennessee corporation; Baxter
Healthcare Corporation, a Delaware corporation; McKesson Medical-Surgical Medimart Inc., a Minnesota corporation; Owens & Minor, Inc., a Virginia corporation; Charleston Area Medical Center, Inc., a West Virginia
corporation; and Herbert J. Thomas Memorial Hospital Association, a West Virginia corporation - No. 041434.
Grant And Remand 4-0
[ Starcher, J. Not Participating ]
2. Jennifer Holloman v. Nationwide Mutual Insurance Company, No. 041976. Plaintiff appeals from the circuit court’s order denying plaintiff’s motion for partial summary judgment and from the circuit court’s order of certification in this third-party bad faith action.
Grant 3-2
[ Maynard, C.J., Albright, J. ]
3. In Re: The Child of: Clyde O. French, Jr., and Deborah A. Phipps, and Norman W. Silver and Deborah A. Silver, No. 041535. Petitioners appeal from the circuit court’s order denying their petition for a writ of prohibition against the Honorable Sally G. Jackson, Berkeley County Family Court Judge, on remand from this Court following this Court’s opinion in State ex rel. Silver v. Wilkes, 213 W.Va. 692, 598 S.E.2d 548 (2003).
Refuse 4-0
[ Starcher, J. Not Participating ]
4. Laura Chapman and Jeff Tignor v. John Michael Cabell, et al., No. 041536. Plaintiffs appeal from the circuit court’s order in favor of defendants following a bench trial in this action to determine the rightful owner of the oil and gas estate underlying 800 acres of property in Logan County.
Refuse 4-0
[ Starcher, J. Not Participating ]
5. Darnell A. Allen, Jr. v. Howard Painter, Commissioner of Corrections, No. 041537. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Petitioner’s conviction of first degree murder without a recommendation of mercy was affirmed by this Court in State of West Virginia v. Allen, 203 W.Va. 9, 506 S.E.2d 46 (1998).
Accept To Motion Docket
6. Raymond Canfield, et al. v. West Virginia Division of Corrections, No. 041539. Petitioner employer appeals from the circuit court’s order reversing the decision of the West Virginia Education and State Employees’ Grievance Board and directing petitioner to restore all accrued sick leave, seniority, holiday pay, incremental pay, annual leave and related benefits to respondents.
Grant 3-1
[ McGraw, J. ]
[ Starcher, J. Not Participating ]
7. Clifford Muck v. Michael L. Smith and Kenneth Saunders, No. 041551. Plaintiff appeals from the jury’s verdict and the equitable relief fashioned by the circuit court in this action for trespass and ejectment arising out of the construction of a bridge to defendants’ properties.
Accept To Motion Docket
8. State of West Virginia v. Robin Ladd, No. 041556. Defendant was convicted of first degree murder with mercy and two counts of conspiracy to commit murder following her second trial upon remand from this Court in State v. Ladd, 210 W.Va. 413, 557 S.E.2d 820 (2001). Defendant asserts various trial errors.
Accept To Motion Docket
9. Posie Phillips and Ethel Phillips v. Bryce Phillips and Pauline Phillips, No. 041558. Plaintiffs appeal from the circuit court’s order in this action involving a property and common boundary line dispute.
Refuse 3-1
[ McGraw, J. ]
[ Starcher, J. Not Participating ]
10. In Re Grandparent Visitation: Jim and JoAnn Ault v. Tyler R. Ault and Sarah I. Ault, No. 041559. Petitioner mother appeals directly from the family court’s order awarding grandparent visitation rights to the paternal grandparents of petitioner’s 3-year-old son.
Refuse 4-0
[ Starcher, J. Not Participating ]
11. State of West Virginia v. John Mathew Saunders, No. 041561. Defendant appeals from his conviction for voluntary manslaughter. His sentence of 12 years in the penitentiary was enhanced by five years due to a prior felony conviction.
Refuse 4-0
[ Starcher, J. Not Participating ]
12. Heeter Construction, Inc. v. West Virginia Human Rights Commission/Peter Kelly, No. 041406. Heeter Construction, Inc., appeals from the Human Rights Commission’s decision that it committed race, age, and gender discrimination when hiring employees for two highway construction projects.
Accept To Motion Docket
13. State of West Virginia v. D’Risen Sean Douglass, No. 041560. Petitioner appeals his conviction for possession of a controlled substance (marijuana) with intent to deliver. He entered a conditional plea of guilty, reserving his right to appeal the denial of his motion to suppress evidence.
Defer
14. Wheeling Coin, LLC v. Earl Franks Post No. 3 The American Legion Department of West Virginia, No. 041567. The plaintiff appeals the circuit court’s order denying a new trial on the issue of damages in a breach of contract case.
Refuse 4-0
[ Starcher, J. Not Participating ]
15. State of West Virginia v. Edward M. Carroll, II, No. 041570. Petitioner appeals his conviction for four counts of driving under the influence (of marijuana) causing death.
Refuse 4-0
[ Starcher, J. Not Participating ]
16. State of West Virginia v. Harry Lee Franks, Jr., No. 041572. Petitioner appeals from the denial of his petition for a writ of habeas corpus. He asserts that a criminal charge of malicious wounding is barred by res judicata because a magistrate previously dismissed the same charge for lack of probable cause when the alleged victim failed to appear at a preliminary hearing.
Refuse 4-0
[ Starcher, J. Not Participating ]
17. State of West Virginia v. John Bradley Strader, No. 041576. Petitioner appeals his sentence of 1 to 10 years in prison for felony receipt of stolen property.
Refuse 4-0
[ Starcher, J. Not Participating ]
18. Helen Tracey Carbasho v. Michael S. Musulin and Sharon Musulin, No. 041577. Plaintiff appeals from an adverse summary judgment order where the court found that West Virginia law does not allow for the recovery of non-economic damages for the loss of a pet dog.
Grant 3-2
[ Maynard, C.J., Davis, J. ]
19. State of West Virginia v. Carlotta Endicott, No. 041579. Petitioner appeals the 1 to 10 year sentence she received after pleading guilty to one count of child neglect causing serious bodily injury.
Accept To Motion Docket
20. C. Lynn Earnest v. Board of Directors/Southern West Virginia Community and Technical College, No. 041583. Petitioner appeals the remedy she was awarded in her otherwise successful public employee grievance, asserting that the remedy is inadequate.
Refuse 3-1[ McGraw, J. ]
[ Starcher, J. Not Participating ]
21. State of West Virginia v. David A. Rowe, No. 041603. Petitioner appeals his conviction of four counts of sexual abuse by a guardian.
Refuse 4-0
[ Starcher, J. Not Participating ]
22. Wayne A. Ellis, II and Crystal Hunt v. Michael Blankenship d/b/a Hanover Wrecker Service and Michael Blankenship d/b/a Mobile Home Transport, West Virginia Department of Transportation Division of Highways, Norfolkd Southern Railway Company, John Doe and Richard Roe Company, No. 041604. Plaintiffs appeal from the circuit court’s order which dismissed all claims against one defendant, Norfolk Southern Railway Company, for failure to state a claim as required by Rule 12(b)(6) of the WV Rules of Civil Procedure.
Refuse 3-1
[ McGraw, J. ]
[ Starcher, J. Not Participating ]
23. Millard Francis, III v. Ernest Bryson and Patricia Bryson, No. 041605. Petitioner appeals from the circuit court’s order in an action petitioner had filed for unpaid rent and possession of residential real property.
Grant 4-0
[ Starcher, J. Not Participating ]
24. State of West Virginia v. Rose Marie Auvil, No. 041609. Petitioner appeals her conviction for eight counts of forgery, eight counts of uttering, and one count of conspiracy to commit forgery.
Refuse 4-0
[ Starcher, J. Not Participating ]
25. State of West Virginia v. David Wayne Faucette, Sr., No. 041611. Petitioner files an appeal of the Circuit Court’s order denying him probation and the order sentencing him to serve a ten year sentence in the custody of the Division of Corrections after pleading guilty to one count of first degree robbery.
Refuse 4-0
[ Starcher, J. Not Participating ]
26. William B. Manor d/b/a Tink’s Excavating v. Yuen Mee Lee, No. 041612. This is a petition for appeal of an Order of the Circuit Court denying defendant’s Motion To Set Aside Default Judgment. Petitioner seeks a reversal of the said Order.
Refuse 4-0
[ Starcher, J. Not Participating ]
27. State of West Virginia v. Tom Webb, No. 041627. Petitioner was convicted of one count of obtaining money or property by false pretenses. He appeals the conviction and the failure of the Court to grant a Motion for Directed Verdict.
Accept To Motion Docket
28. Rosalee Dinkarrao Dolan v. Desai, No. 041630. Petitioner files an appeal of her negligence case arising out of an auto accident. The jury returned a verdict finding that the plaintiff did not suffer any damages which were proximately caused by the accident. The Trial Court denied petitioner’s timely Motion for a New Trial.
Refuse 3-1
[ McGraw, J. ]
[ Starcher, J. Not Participating ]
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