| 1. |
Michael C. Allen No. 992718 Refuse 4-0 |
SER Larry F. Parsons v. The Honorable Paul Zakaib, Jr., No. 992718. Petitioner seeks to prohibit entry and enforcement of an Order (1) overruling objections to discovery requests by a habeas corpus petitioner; (2) refusing to quash subpoenas issued to two assistant prosecutors; and (3) holding that discovery rules apply in post-conviction habeas corpus proceedings. It is argued that the Order eviscerates the requirement of particularized need in habeas proceedings. The habeas petitioner has responded. It is argued that the 1998 amendments to the West Virginia Rules of Civil Procedure supersede all prior procedures governing discovery in an extraordinary writ proceeding. The civil procedure rules govern discovery in habeas corpus proceedings. |
| 2. |
Richard E. Holicker No. 992770 Refuse 4-0 |
Petition for a Writ of Prohibition in SER Joseph Edward Laws v. Honorable Paul Zakaib, No. 992770. Petitioner seeks to prohibit trial. Laws was indicted under W.Va. Code § 61-8B-6 on a single count of sexual assault of a spouse; sexual intercourse, to wit: “contact” between the anus and the male sex organ. It is argued that the conduct is not a crime because sexual contact is only a crime when the victim and actor are not married. Under 61-8B-6 “contact” is not a crime. |
| 3. |
Joseph Caltrider No. 26557 Defer |
Motion to Dismiss in Nina R. Haurbaugh, Adm. v. Christopher Coffinbarger, No. 26557. Appellees seek to dismiss the appeal for failure to properly perfect the appeal and failure to comply with the Rules. It is asserted that the petition was two months late and the certification of accuracy was not signed. |
| 4. |
Gregory L Ayers No. 992800
Grant 2-2 |
Petition for a Writ of Prohibition in SER Billy Ray McLaughlin v. Honorable Charles M. Vickers, No. 992800. Petitioner seeks to prohibit the transfer of his habeas corpus case from Fayette County to Greenbrier County. McLaughlin was indicted in Pocahontas County. He was convicted in Greenbrier County in 1996. McLaughlin filed his Petition for Habeas Corpus in Fayette County on August 28, 1998. On September 10, 1999 Judge Vickers entered an order transferring the matter to Pocahontas County. McLaughlin filed a Motion to Vacate. Judge Vickers denied the Motion but entered an amended Order, transferring the habeas to Greenbrier County. |
| 5. |
Thomas C. Cady No. 992746 Grant 4-0 |
Petition for a Writ of Mandamus in SER Morgantown Tennis Club v. Honorable Robert Stone, No. 992746, seeking to compel Judge Stone to enter final decision. Matter was tried in August, 1994. |
| 6. |
Richard C. Earles No. 26562
Refuse 4-0 |
Appellee's Motion to Dismiss in Angela Kaye Newman v. M. A. Farid, D.D.S., D.M.D., No. 26562. It is argued that the Appellant's brief was filed late. Matter is scheduled for submission January 25, 2000. |
| 7. |
Honorable Rodney B. Merrifield No. 26642 Grant 4-0 |
Motion to Dismiss SER Roger McKinney v. The Honorable Rodney B. Merrifield, No. 26642. It is argued that the Petitioner failed to show that he has no other adequate means to obtain result, failed to establish damage that could not be corrected on appeal, failed to establish that order is clearly erroneous, failed to establish that there has been an oft repeated error, and failed to establish that the order raises new and important issues. Moreover, the habeas petitioner has withdrawn his petition. |
| 8. |
Nancy W. Brown No. 992970 Refuse 4-0 |
Petition for a Writ of Prohibition in SER Harrison County Board of Education v. The Honorable Thomas A. Bedell, No. 992970. The Board seeks to prohibit the enforcement of a protective order that prevents the Board and co- defendant, softball coach John Thomas Hilton, from discovering information about the cause of the minor plaintiff's (H.C) claim for emotional damages. This action involves allegations of teacher (24) - student (13- 14) sexual relations. The defendants seek discovery concerning the minor plaintiff's similar sexual encounters with others for the purpose of learning the cause of her alleged emotional distress damages. Hilton pled guilty to one felony criminal count where he admitted to engaging in one episode of unlawful sexual activity. The trial judge determined that a protective order should issue prohibiting discovery of any consensual sexual contact of the victim (H.C.) with third parties. However, the lower court ordered that “to the extent that any sexual contact which H.C. may have had with third parties was violent to her and may have caused her pain and suffering, the contact may be relevant and probative on the issue of her emotional injuries and damages and discovery should be permitted in these limited areas.” |
| 9. |
John F. Loehr No. 992879
Grant 3-1 |
Petition for a Writ of Prohibition in SER The Barden and Robeson Corp. v. The Honorable George W. Hill, Jr., No. 992879. Petitioners seek to prohibit enforcement of Order of Default Judgment. Petitioners argue that the arbitration provision in the contract divested the Circuit Court of Wood County of subject matter jurisdiction. Barden & Robeson provides pre-engineered building materials. It is not a general contractor. Through an independent dealer Barden & Robeson was contracted by Fellowship Baptist Church regarding an addition. Disputes arose. The material contract had an arbitration clause. Complaint filed and served on April 7, 1997. On or about June 1, 1999 Fellowship Baptist Church requested and the Court entered a default judgment. Barden and Robeson filed a Motion to Set Aside Default Judgment. At a hearing on July 16, 1999 the Court announced its intention to deny the motion. However, no order has been entered. |
| 10. |
E. William Harvit No. 992818
Grant 3-1 |
Petitioner's Motion to Orally Argue Petition for Appeal
on Court's Motion Docket in Robert L. Boggess v.
W.C.D. & Union Carbide Corp., No. 992818. Petition
raises the issue regarding the “Kory” standard developed
in 1961 regarding lung function. |
| 11. |
Gerald R. Linkous
Grant 4-0 |
Motion for Further Extension of Time for Filing Petition for Appeal in In the Interest of John C., James C., and L.C. (Please consider need to mandamus court reporter for failure to provide transcript in abuse and neglect case). |