Supreme Court of Appeals of West Virginia

  Argument Docket  
                 Wednesday, November 6, 2002

    

1.  Kimberly Simons v. WV Department of Transportation, DOH, et al. -  30521 - No summary available. Dismissed. 

2.  Board of Education of the County of Marshall v. David Gaudino, et al.  - 30363 - Petitioner appeals from the circuit court's order that reversed the ruling of the Administrative Law Judge awarding him the position of Guidance Counselor at John Marshall High School.

3.  State of W. Va. v. James Michael Flippo  - 30527 - Petitioner appeals from the circuit court's  denial of his motion to suppress, following the remand of the case to the circuit court by the United States Supreme Court in Flippo v. West Virginia, 528 U.S. 11 (1999). In the underlying case, the petitioner was convicted by a jury of murder of the first degree, without mercy, based upon circumstances wherein the petitioner's wife was found dead in a cabin at Babcock State Park. The petitioner contends, inter alia, that the Circuit Court, upon remand, committed error in denying the petitioner's motion to suppress photographs seized, without a warrant, from the petitioner's closed briefcase at the crime scene.

4.  In Re The Marriage of: Brenda M. Jobes v. John D. Jobes   - 30516 - In this divorce action, the petitioner, Brenda M. Jobes, appeals from an order entered in the circuit court  awarding custody of the parties' two children to the respondent, John D. Jobes. The petitioner, emphasizing that she was the primary caretaker of the children and a good parent, contends that the Circuit Court and Family Law Master committed error in basing the custody decision upon the petitioner's relationship with a third party. 

# 5. In Re: Aaron Thomas M., Delta Dawn M. and Luke Brian M.  - 30600 - Mother appeals circuit court order adjudicating her three children as abused and neglected and the circuit court order terminating her parental rights to the children arguing that there was insufficient proof to support the orders. Mother argues that there was no proof that she used controlled substances in front of the children and argued that the trial court violated her Fifth Amendment rights by allowing the State to question her about her continued drug use during the adjudicatory hearing.

6.  SER Stanley M. Myers v. Howard Painter, Warden  - 30514 - Petitioner appeals from the circuit court's order denying his petition for a writ of habeas corpus. He seeks a reversal of that order and the award of a new trial.

7.  Georgia Poling, et al. v. Pre-Paid Legal Services, Inc., et al.  - 30525 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendant on plaintiffs' fraud and breach of contract claims. 

* 8. Charles W. Haney v. County Commission of Preston County, et al.  - 30532 - The petitioner, Charles W. Haney, appeals from a summary judgment entered in the Circuit Court of Preston County in favor of the respondents, the County Commission of Preston County and Ron L. Crites, Sheriff of Preston County. The Circuit Court concluded that the petitioner's claim for overtime pay under State law was precluded by the fact that at least 80% of the employees of the Preston County Sheriff's Office, where the petitioner worked, were covered under federal overtime law. The petitioner contends, inter alia, that the respondents were not "exempt employers" within the meaning of the West Virginia Wage and Hour Law.

9.  Basil R. Legg, Jr. v. Johnson, Simmerman & Broughton, L.C.  - 30591 - Plaintiff appeals from the circuit court's order dismissing his action for breach of contract, fraud, and violations of the Wage Payment and Collection Act arising out of his employment with the defendant law firm.

10. Samuel Harris v. Michele D. Harris  - 30594 - In this post-divorce matter, the petitioner, Samuel L. Harris, appeals from an order entered in the circuit court  finding him in contempt and granting his former wife, respondent Michele D. Jackson, a judgment in the amount of $50,000 (representing 83% of a corporate insurance settlement) and a judgment in the amount of $7,468.60 for certain medical bills.

11.  Rebecca Lynn C. v. Michael Joseph B.  - 30411 - Petitioner appeals the circuit court order affirming the Family Law Master's denial of her petition to set aside an agreement wherein she would not seek additional child support from the Respondent. Petitioner asserted as basis for the motion to set aside the prior agreement that she had subsequently discovered that her child has juvenile diabetes.

12.  In Re: Jade E. G. and James A. G.  - 30619 - Petitioner mother appeals from the circuit court's order affirming a family law master's recommended decision awarding custody of petitioner's minor children to their paternal grandparents, Reginald and Patricia Gray.

13.  Antonetta Karle v. Board of Trustees/Marshall University  - 30410 - Petitioner appeals the circuit court order affirming the decision of the West Virginia Education and State Employees Grievance Board which affirmed the decision of the Board of Trustees of the State College System/Marshall University to deny the Petitioner's tenure at Marshall University.

14.  SER K. M., et al. v. WV Dept. of Health & Human Resources, et al.  - 30494 -  No summary available. 

15.  SER Denver A. Youngblood, Jr. v. Hon. David H. Sanders, Judge  - 30785 -  No summary available. 

(#) This case will be heard immediately after the Motion Docket that starts at 10:00 a.m.
Justice Albright disqualified

Judge Eagleoski sitting by temporary assignment
(*) Chief Justice Davis disqualified

Wednesday, November 06, 2002