November 5, 2003 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, November 5, 2003

1. Morgantown Utility Board v. PSC of WV and Margaret Ann Cesario - 031918 - Petitioner appeals the Public Service Commission's 07/15/03 order directing Petitioner to permit Cesario to connect to its system utilizing a long service line instead of a more expensive main line extension. - Refuse 5 - 0.

2. Lora D. Kiser v. Carrel Mayo Caudill, M.D. - 030874 - Plaintiff below appeals the circuit court's order granting summary judgment to defendant in a medical malpractice action. She asserts the circuit court erroneously excluded her expert witness. - Grant 4 - 1 , Maynard.

3. Ralph Martin Bledsoe v. Howard Painter, Warden - 030960 - Petitioner appeals the circuit court's denial of his petition for a writ of habeas corpus. He had previously been convicted of one count of first degree sexual assault and was sentenced to 15 to 35 years in the penitentiary. - Refuse 3-2, Starcher & Albright.

4. Eric Von Pryor v. Asel Kennedy, etc., Mavis Grant-Lilley, etc., Rosemary Yandura, etc.,
and Doug Reed, etc. - 030963 - Petitioner appeals the circuit court's order which dismissed individual officers of an uncompensated advisory board from being named defendants in a WV Human Rights Act case. The circuit court found that public policy mandates that the individual officers are immune from suit. - Refuse 5 - 0.

5. State of W. Va. v. David Junior Boggs - 031014 - Defendant appeals following his guilty plea to first degree robbery. The circuit court imposed a sentence of 99 years with a credit of 517 days served. Defendant asserts that he should have been appointed new counsel and that the record does not reflect that he was properly advised as to the consequences of a plea of guilty to the charge of first degree robbery. - Refuse 3-2, Starcher & Albright.

6. Wilda Campbell v. Clifford, Mann & Swisher, L.C., et al. - 031054 - Plaintiff below appeals the circuit court's order granting summary judgment to the defendant law firm in a legal malpractice case. Plaintiff argues the circuit court erred by considering the untimely filed motion for summary judgment and by ruling that her case was not a breach of contract case but rather was a negligence case barred by the statute of limitations. - Refuse 5 - 0.

7. State of W. Va. v. James Frances Harris - 031143 - Petitioner appeals from a circuit court's conviction where he pled guilty to two counts of felony incest in violation of Code § 61-8-12. The Court sentenced petitioner to a period of not less than five or more than 10 years to be served consecutively. On appeal, petitioner states that the Court erred in denying his motion to suppress his statements made while under the influence of prescription medications. - Refuse 5 - 0.

8. Buddy Keesee, Indiv. & as Adm. v. General Refuse Service, Inc. - 031434 - Petitioner appeals an adverse jury verdict and the court's denial of a motion for new trial in a deliberate intent case where the employee was killed on the job. - Grant 5 - 0.

9. State of W. Va. v. Gypsy "Buck"Bohon - 031354 - On remand from this Court, defendant appeals from his second degree murder conviction following a jury trial. He raises various evidentiary and trial errors in seeking the reversal of his conviction. - Refuse 5 - 0.