Requests for Oral Presentation
and
Petitions for Appeal
November 4, 1999
1. State of West Virginia v. Ronald Farley, No. 992213. Defendant appeals
convictions of 8 counts of sexual assault in the first degree, 3 counts of sexual
abuse in the first degree and 2 counts of sexual abuse in the third degree.
Refuse 4-0
2. State of West Virginia v. David Sheldon, No. 992214. Defendant pled
guilty to one count of first degree sexual abuse and one count of sexual abuse
by a custodian. He was sentenced to a term of 1 to 5 years and a term of 5
to 15 years to run consecutively.
Refuse 3-1
[Starcher, C.J.]
3. Realmark Development v. Clyde W. Ranson, Jr., No. 992215.
Defendants appeal lower court order granting plaintiff's motion for summary
judgment with respect to defendant's counterclaim alleging causes of action
of breach of oral agreement to finance, unjust enrichment and quantum
merit.
Refuse 4-0
4. Aubrey C. Robertson v. B. A. Mullican Lumber, No. 992220. Plaintiffs
appeal order of the lower court finding that defendant had an implied right
of usage of plaintiff's private roadway.
Grant 2-2
[Davis, J., Maynard, J.]
5. Robert C. Tabor v. WV Board of Review, No. 992240. Petitioner appeals
lower court order affirming the findings of the Board of Review of the West
Virginia Bureau of Employment Programs that the claimant is eligible but is
disqualified because he left work voluntarily without good cause involving
fault on the part of the employer.
Grant 3-1
[Maynard, J.]
6. Sandra Kincaid, Estate v. Harry Camper, Jr., No. 992222. Defendant
insurance company appeals from the circuit court's award of summary
judgment in favor of plaintiffs on the coverage issue in the declaratory
judgment portion of this legal malpractice action.
Refuse 4-0
7. Sandra Kincaid, Estate v. Harry Camper, Jr., No. 992223. Plaintiffs
appeal, in part, from the circuit court's award of summary judgment in the
declaratory judgment portion of this action in which the circuit court found
that defendant Richard Hardison was not an additional insured under
defendant Harry Camper, Jr.'s malpractice insurance.
Refuse 4-0
8. James E. Williams v. James G. Williams, No. 992259. Plaintiffs appeal
from a jury verdict in favor of Defendant in this personal injury action
involving a single car accident.
Refuse 3-1
[McGraw, J.]
9. State of West Virginia v. Mark A. Vickers, No. 992283. Defendant
appeals from his convictions of 3rd degree sexual assault and 3rd degree
sexual abuse.
Refuse 4-0
10. Gary Dean Champ v. Kristal D. Kisamore, No. 992289. Petitioner
mother appeals the circuit court's order awarding custody of the infant child
to respondent father.
Refuse 4-0
11. Warren Stoots v. Beckley Limited Liability, No. 992291. Plaintiff appeals
from the circuit court's orders (i) vacating the default judgment against the
defendant, Beckley Limited Liability Company, and (ii) allowing defendant,
Westra Construction, to amend its' answer in this mechanics' lien action.
Refuse 4-0
12. Raymond E. Hopkins v. Raleigh County BOE, No. 992292. The Board
of Education appeals the circuit court's order reversing the decision of the
administrative law judge, which upheld the Board's lack of need termination
of grievant's employment under W.Va. Code §§ 18A-2-6, 18A-4-8 and 18A-
4-8g.
Refuse 4-0
13. State of West Virginia v. Ralph M. Bledsoe, No. 992294. Defendant
appeals his 1st degree sexual assault convictions for which he was sentenced
to an indeterminate term of 15 to 35 years.
Refuse 3-1
[Starcher, C.J.]
14. Danny Hale-SER v. Paul Zakaib, Judge, No. 992326. Defendant petitions
this Court to issue a rule requiring respondents to show cause as to why a
peremptory writ of prohibition should not issue to prevent them from trying
or prosecuting defendant for failure to provide him with a speedy trial and for
failure to suppress an illegally obtained confession. In the alternative,
defendant appeals the circuit court's order transferring him from juvenile
status to the criminal jurisdiction of the court.
Refuse 4-0
15. Heather Lang v. Debra E. Williams, No. 992377. Plaintiff appeals from
the circuit court's ruling that her claim was governed by the Federal Tort
Claims Act and that any claim filed in state court was preempted by federal
law.
Accept
16. State of West Virginia v. Stephen R. Witchoski, No. 992379. The
petitioner, Stephen R. Witchoski, appeals from his convictions in the Circuit
Court of Jefferson County of sexual offenses against a 14 year old girl and an
8 year old girl. Several of the petitioner's convictions were for sexual abuse
by a custodian of a child. One of the issues raised by the petitioner concerns
whether he was, in fact, a “custodian” within the meaning of the statute.
Refuse 4-0
17. Delano Lee Smith v. Donna Kay Smith, No. 992382. The petitioner,
Delano Lee Smith, appeals from an order entered in the Circuit Court of
Marshall County adopting the recommendations of the family law master
that the respondent, Donna Kay Smith, be awarded custody of the parties'
three children. The petitioner contends, inter alia, that the Circuit Court did
not adequately review the record made before the FLM.
Refuse 4-0
18. State of West Virginia v. Richard L. Graham, No. 992383. The
petitioner, Richard Lee Graham, appeals from his conviction in the Circuit
Court of Mercer County of sexual abuse in the first degree. The petitioner,
age 22, was convicted of sexually abusing an 11 year old girl after she exited
a school bus.
Accept
19. Jerome E. Heinemann v. Thomas Long, et al., No. 992389. The
petitioner, Jerome E. Heinemann, pro se, appeals from an order entered in the
Circuit Court of Pocahontas County dismissing his declaratory judgment
action. The action was dismissed for inactivity pursuant to W.Va. R. Civ. P.
41(b). The petitioner sought to compel school bus transportation for the
children on Thorney Creek Road in Pocahontas County.
Refuse 4-0
20. Elizabeth L. Jenkins v. Dept. Of Corrections, No. 992393. The
petitioner, Elizabeth L. Jenkins, appeals from an order of the Circuit Court
of Upshur County denying her relief in habeas corpus. Attacking the validity
of her plea agreement, the petitioner sought to withdraw her guilty plea to
the felony offense of uttering a forged public document.
Refuse 4-0
21. State of West Virginia v. Thomas Snodgrass, No. 992396. The
petitioner, Thomas Snodgrass, appeals from his convictions in the Circuit
Court of Marion County of: (1) child abuse creating risk of injury; (2)
destruction of property and (3) fleeing from a police officer. The convictions
arose from a dispute between the petitioner and his ex-wife over the
petitioner's visitation with his 6 year old son.
Accept
22. William G. Gavin v. Jefferson Co. Planning, No. 992397. The petitioner,
The Jefferson County Planning and Zoning Commission, appeals from an
order entered in the Circuit Court of Jefferson County setting aside a permit
for the construction of a telecommunications tower near Harpers Ferry. The
respondent, William G. Gavin, asserted, inter alia, that the tower would have
an adverse impact upon historic sites in the area.
Refuse 4-0
23. State of West Virginia v. Roger G. Fussell, No. 992398. The petitioner,
Roger G. Fussell, appeals from an order entered in the Circuit Court of
Randolph County affirming the petitioner's magistrate court conviction of the
offense of failure to yield to an emergency vehicle.
Refuse 4-0
24. State of West Virginia v. Cecil C. Holcomb, No. 992400. The petitioner,
Cecil Clayton Holcomb, III, appeals from an order of the Circuit Court of
Fayette County denying him relief in habeas corpus. In the underlying
proceeding, the petitioner entered a plea of guilty to two counts of murder of
the first degree for killing his parents and was sentenced to two concurrent
terms of life imprisonment, without mercy. The petitioner, age 15 when the
offenses were committed, contends that the plea was involuntary and that the
sentence was excessive.
Accept
25. State of West Virginia v. Donald J. Skinner, No. 992406. The petitioner,
Donald James Skinner, Sr., appeals from his convictions in the Circuit Court
of Randolph County of malicious assault, attempted murder of the first
degree, aggravated robbery and assault during the commission of a felony.
The convictions arose from an incident wherein the victim was found severely
injured in the parking area of Stuart's Park Campground.
Refuse 3-1
[Starcher, C.J.]