Wednesday, November 6, 2002

 

1.  Victor Grigoraci v. Phyllis Gatson, Assessor, James H. Paige, III, St. Tax Comm’r, and County Commission of Kanawha County - 020637 - The State Tax Commissioner appeals from the final order of the circuit court which held that intangible personal property has been completely exempt from ad valorem taxation since July of 1993.  - Refuse 3 - 2, Starcher, McGraw.

2.  Victor Grigoraci v. Phyllis Gatson, Assessor, James H. Paige, III, St. Tax Comm’r, and County Commission of Kanawha County - 020638 - Petitioners, the Kanawha County Assessor and the Kanawha County Commission, appeal from the circuit court's order declaring that respondent's accounts receivable were exempt from taxation for the period of July 1, 1993, through June 30, 1997. Petitioners assert that such ruling threatens counties with the loss of hundreds of thousands of dollars in revenue.  - Refuse 3 - 2, Starcher, McGraw.

3.  SER Mark A. Johnson v. Howard Painter, Warden - Life Without Mercy - 020804 - Petitioner appeals from the circuit court's order denying his petition for habeas corpus relief .  - Refuse 3 - 2, Starcher, Albright.

4.  Phillip R. Bush v. George Trent, Warden - 020730 - Petitioner appeals from the circuit court's order denying his petition for habeas corpus relief. He seeks a reversal of his convictions and a remand to the circuit court for either the entry of a dismissal order or a new trial.  - Refuse 3 - 1, Albright. #

5.  State of West Virginia v. Gary Brian Cummings - 020738 - Defendant seeks a reversal of the circuit court's order directing him to pay restitution. Grant 2 - 2, Maynard, McGraw. # 

6.  Ronald J. Smith, Kathy J. Smith, and Ronald Smith as Guardian and next frieind for Alicia Dawn Smith v. Mountain State Pest Guard, Inc., George Post, Raymond Heflin and Old Oak Properties (Westfield Insurance Company, Intervenor) - 020986 - Insurance company (petitioner) appeals lower court order holding it has a duty to defend its insured but reserving ruling on coverage question until jury makes findings as to liability. Refuse 4 - 0. #

7.  John Samuel Moore v. William S. Haines, Warden - 020919 - Petitioner appeals from the circuit court's denial of his petition for a writ of habeas corpus. Petitioner seeks the reversal of his conviction by allowing the withdrawal of a guilty plea. - Refuse 3 - 1, Albright. #

# Justice Starcher did not participate.