Wednesday, November 3, 1999

1. State of West Virginia v. Ronald Lynn Calloway - 26204 - Defendant appeals convictions for second degree sexual assault and burglary.  He was sentenced to 10 to 25 on each of the 6 sexual assault counts with the sentences to run concurrently.  He was sentenced to 1 to 10 on the burglary to run consecutively.  

2. Donald R. Adams, et al. v. Betty Ireland, Executive Secretary, et al. - 26440 -  The petitioners, Donald R. Adams and Mary Sue Adams, appeal from an order entered in the Circuit Court of Kanawha County dismissing their action to compel the respondents to recalculate Mr. Adam's state retirement annuity.  The petitioners contend that Mr. Adams' accrued, unused annual leave should have been included in his final average salary computation for retirement purposes. 

3.  Emmanuel Banks v. George Trent, Warden - 26499 - Banks appeals the lower court's denial of his habeas petition.  As grounds in the habeas petition, Banks argued that his trial counsel was ineffective, and that the lower court acted in an adversarial manner towards the defense.  The lower court denied relief, stating that Banks failed to raise a "cognizable claim".  The lower court conducted no hearings.  

4.  Charles Dunn, et al. v. John Doe, et al. - 26433 - Allstate petitions the Court to affirm the circuit court's ruling on one certified question and to reverse that court's ruling on the second certified question.  The questions arise from an action brought by the Dunns to collect unisured and underinsured motorist benefits under an insurance policy issued to them by Allstate in West Virginia. 

5.  Oak Casualty Insurance Co. v. Constance S. Lechliter, et al. - 26208 - Petitioners appeal from the circuit court's order releasing the insured from any further liability after the exhaustion of her insurance policy limits.   

6.  Dale G. Nester, II v. Bruce Hardwood Flooring, L.P. - 26430 - Plaintiff appeals from an award of summary judgment entered in favor of defendant. 

7. CMC Enterprises, Inc. v. Ken Lowe Management Co., et al. - 26431 - The petitioner, Ken Lowe Management Co., appeals from an order entered in the Circuit Court of Grant County finding that the petitioner owes respondent CMC the net amount of $42,973 for renovations upon the petitioners building.   

8.  Supervalu Operations, Inc., dba Supervalu, et al. v. Center Design, Inc., et al. - 26429 - Defendants appeal from an award of summary judgment entered in favor of plaintiff.  

9.  Jerimi M. Shroades v. Food Lion, Inc., et al. - 25951 - The petitioner appeals from an adverse jury verdict in the Circuit Court of Berkeley County concerning an action wherein the plaintiff alleged that he was injured when struck by a shopping cart.  

10.  State of West Virginia v. Dewitt Williams - 26352 - The petitioner,  Dewitt Williams, appeals from a jury verdict returned in the Circuit Court of Berkeley County finding the petitioner guilty of 1st degree sexual abuse.  The alleged victim was the petitioner's granddaughter.  

11.  Gerald L. Reed, et al. v. John L. Bord dba Bord & Bord - 26206 - Plaintiff appeals from a summary judgment awarded in favor of defendant. 

12.  George W. Thacker v. WCD/Steel of West Virginia, Inc. - 26197 - No summary available.