1. Tammy Zikkos v. Jack R. Clark, No. 020828. Petitioner appeals from the circuit court’s order denying her motion to set aside the circuit court’s order dated September 17, 1998, which set aside the circuit court’s final order of divorce entered on August 15, 1991, as between respondent and petitioner’s decedent.

2. State of West Virginia v. Carletta Barker, No. 020829. Defendant was convicted of one count of petty larceny and three counts of uttering. She was sentenced to 2 to 20 years in the penitentiary. Defendant challenges the sufficiency of the evidence and the constitutionality of her sentence.

3. William G. Wilson v. Tina L. Wilson, No. 020834. Petitioner husband appeals from the circuit court’s order adopting the recommended decision of the family law master as the same relates to alimony, child support was and attorney’s fees.

4. State of West Virginia v. Antonine Edwards, No. 020836. Defendant was convicted of obstructing an officer, escape from an officer, attempted abduction of a person, and brandishing a deadly weapon. He seeks a reversal of his convictions and asserts various evidentiary and trial errors.

5. State of West Virginia v. Michael E. Breeden, No. 020838. Defendant pled guilty to two (2) counts of sexual abuse by a parent or custodian. He was sentenced to two consecutive terms of not less than 10 nor more than 20 years in the penitentiary. Defendant’s appellate counsel filed an Anders brief in lieu of a petition for appeal and moves to withdraw as defendant’s attorney.

6. Nick Wounaris v. West Virginia State College, No. 020840. Plaintiff appeals from an adverse jury verdict in his action for wrongful termination.

7. West Virginia Department of Transportation, Division of Highways v. Delmar Leonard, No. 020839. Defendant appeals from the circuit court’s order which found (1) that he was maintaining a salvage yard without a license, (2) that he could not qualify for a license to operate and maintain the salvage yard, and (3) that the maintenance of the salvage yard was a public nuisance under the laws of this State. Defendant seeks a new trial and an order allowing him to appear in person at the new trial. In the alternative, defendant asks this Court to find that he was not operating the salvage yard or, if he was, that such operation was not a public nuisance.

8. Jessie L. Graham v. David A. Wallace, D.D.S., No. 020876. Plaintiff appeals from an adverse jury verdict in the second trial of his dental negligence case. This Court previously reversed a verdict in favor of plaintiff due to an evidentiary error and remanded the action for the new trial.

9. State of West Virginia v. Jason Mathew Wolfe, No. 020881. Defendant was convicted of second degree sexual assault, burglary and assault during the commission of a felony. He asserts evidentiary and instructional errors in seeking a new trial.

10. Margaret A. Hubbard v. State Farm Mutual Automobile, No. 020882. Defendant insurers appeal from the circuit court’s order denying their respective motions for reconsideration and finding that the circuit court’s prior order entered on November 28, 2000, was a final order disposing of all issues in the case.

11. John M. Flood v. Northrop Grumman Corp., No. 020883. Plaintiffs appeal from the circuit court’s award of summary judgment in favor of defendant in this action for employment discrimination.

12. Badger Lumber Company v. Richard L. and Wendy K. Redd, No. 020898. Defendant homeowners appeal from the circuit court’s order upholding a Mechanic’s Lien against their real estate and appointing a special commissioner to prioritize all liens, to sell the real estate at a judicial sale, and to utilize the proceeds from that sale to satisfy all valid liens against the property.

13. In Re: Travers R. Harrington, Jr., Attorney at Law, No. 020899. Petitioner appeals from the circuit court’s order holding him in contempt of court for his failure to appear at his client’s felony sentencing hearing. The circuit court ordered petitioner to pay a $300 fine and ordered that his name be removed from the list of lawyers available for appointment to represent indigent persons until further order of the court.

14. Donald L. Spence v. Wayne County Board of Education, No. 020900. Plaintiff appeals from the jury’s verdict which found him 50% at fault in this personal injury litigation arising out of a slip and fall accident.

15. Andrew Newell v. Gary L. Plott and State Farm Mutual Auto Insurance, No. 020832. Petitioner appeals from the circuit court’s "Amended Order Granting Defendants’ Motion for Summary Judgment and Denying Plaintiff’s Motion for Partial Summary Judgment", denying her underinsurance coverage claim.

16. Molly K. Wolfe v. Wal-Mart Corp., No. 020903. Petitioner appeals from an adverse jury verdict and an unsuccessful motion for new trial in an employment discrimination case. Plaintiff alleges evidentiary and trial error.

17. Robert McClung v. Nicholas County Board of Education, No. 020909. Petitioner appeals from the denial of his appeal to the Kanawha County Circuit Court, which upheld the denial of his grievance with the West Virginia Education and State Employees’ Grievance Board ["Grievance Board"].

18. Arnold Freeland v. West Virginia Department of Motor Vehicles and Roger Pritt, No. 020910. Petitioner appeals from the circuit court’s order affirming the DMV Commissioner’s one year revocation of petitioner’s driver’s license for refusal to submit to a secondary chemical (breath) test. Petitioner asserts that errors were committed at the DMV hearing and the Commissioner ignored critical evidence favorable to him without articulating any reasons.

19. Patricia Wines v. Jefferson County Board of Education, No. 020911. Petitioner appeals from the circuit court’s decision affirming a decision of the WV Education and State Employees Grievance Board ["Grievance Board"] upholding her dismissal from employment as a substitute custodian. She also appeals the circuit court’s award of only nominal damages for a procedural due process violation.

20. Leo Johnson v. Howard Painter, Warden, No. 020917. Petitioner appeals from the denial of his second petition for a writ of habeas corpus regarding his convictions. He was previously convicted of two first degree murders of different victims at separate trials. He asserts constitutional error at both trials and error by the Circuit Court presiding over his second habeas petition.

21. John Samuel Moore v. William S. Haines, Warden, No. 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.

22. Douglas Edward Young v. William Fox, Warden, No. 020920. The petitioner appeals the circuit court’s order denying his petition for writ of habeas corpus which found no error in the trial court refusing to permit petitioner to withdraw his guilty plea although the trial court ordered consecutive sentencing instead of concurrent sentencing. This issue has been addressed by this Court in two prior habeas cases, No. 970941 (refused 5-0) and No. 991906 (refused 4-0).

23. West Virginia Guaranty Association v. Marilyn L. Potts, No. 020921. The Petitioners, the Potts family, appeal asserting that on remand the Circuit Court of Ohio County failed to follow the directives of this Court in West Virginia Insurance Guaranty Association v. Potts, 550 S.E.2d 660 (W.Va. 1991) (reversed and remanded with directions).

24. Shirley Hunt Braley v. Roger L. Hunt, No. 020925. Petitioner appeals from the circuit court’s order requiring him to fund a trust account for purposes of continuing permanent spousal support to his ex-wife, the respondent, and to the court’s order that he make $2,000 monthly support payments beginning June 2000.

25. State of West Virginia v. Lee Wesley Hogan - No. 020930. Petitioner appeals the denial of three pre-trial motions in his burglary and first degree sexual assault case. Petitioner entered a conditional guilty plea preserving the right to appeal the pre-trial issues.

26. Sheila Cantrell v. Joseph Cantrell, No. 020932. Petitioner appeals the circuit court’s order granting summary judgment to respondents and denying her claims for underinsured motorist coverage and bad faith settlement practices. Petitioner had requested discovery on whether Respondent State Farm’s premiums were appropriately adjusted to reflect the inclusion of a "family use"exclusion for underinsured motorist coverage, but was not able to complete this discovery in light of the dismissal of her case.

27. State of West Virginia v. Marilyn Marie Thompson, No. 020936. Petitioner seeks the reversal of her criminal convictions, including convictions for first degree felony murder and robbery, alleging the jury was not properly instructed on the elements of the underlying felonies for the felony murder charge; prosecutorial misconduct; and failure of the court to excuse a juror.

Accept for Motion Docket

 

28. Jackie Sue Manns v. Ronnie Z. McCann, No. 020956. Petitioners appeal the circuit court’s dismissal of their lawsuit under Rule 12(b)(6) of the W.Va. Rules of Civil Procedure. The petitioners allege legal malpractice, breach of contract, and statutory violations against the respondents, former and current officials with the W.Va. Child Support Enforcement Division. Petitioners assert that for several years the respondents failed to pursue collection of past-due child support on petitioners’ behalf, resulting in collection efforts being barred by laches.

29. State of West Virginia v. Charles G. Keenan, No. 020957. Petitioner appeals from a lower court order sentencing him to a definite term of fifteen years for his conviction of voluntary manslaughter. Petitioner had moved for judgment of acquittal alleging several errors.

30. William Skiles v. American National Property & Casualty Co., No. 020976. The pending appeal arises from the Declaratory Judgment portion of a bifurcated claim from the personal injury and negligence portions. The plaintiffs had originally filed a civil action against American National and other defendants for numerous counts, including a personal injury count against George Lett, professional negligence count against American National’s agent and a Declaratory Judgment against American National. The Declaratory Judgment sought to obtain a ruling that American National had a duty to offer underinsured motorist coverage in connection with an excess liability policy or umbrella policy purchased by Mr. Skiles.

31. CAMC v. West Virginia Human Rights Commission and Wilma Grace Shinn, No. 020980. The Petitioner files an appeal from an Opinion and Final Order of the Kanawha County Circuit Court which affirmed the Final Order of the West Virginia Human Rights Commission. The plaintiff filed a complaint alleging that she was a qualified individual with a disability and claimed that the Petitioner had failed to provide her with a reasonable accommodation under the West Virginia Human Rights Act. The ALJ found for the plaintiff and awarded her back pay, reinstatement, front pay, damages for emotional distress, and costs. The findings were affirmed by the Circuit Court.

32. Charles John Shirley v. Edward Rudloff, No. 020984. This is an appeal from the circuit court’s refusal to grant a pro se writ of habeas corpus. Petitioner was found guilty by a jury of two counts of possession of a motor vehicle knowing or having reason to know that the vehicle was stolen and was sentenced to consecutive sentences of one to five years each. The stolen vehicles consisted of a pickup truck with a four-wheeler ATV in the bed. A co-defendant pled guilty to grand larceny and was sentenced to one year in the Eastern Regional Jail.

33. Ronald J. Smith, Kathy J. Smith, and Ronald Smith as Guardian and next friend for Alicia Dawn Smith v. Mountain State Pest Guard, Inc., a corporation, George Post, Raymond Helfin and Old Oak Properties, Inc. and Westfield Insurance Company v. Ronald J. Smith, Kathy J. Smith, and Ronald Smith as Guardian and next friend for Alicia Dawn Smith, Mountain State Pest Guard, Inc., a corporation, George Post, Raymond Helfin and Old Oak Properties, Inc., Docket No. 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.

34. Barbara Washington v. Christus Washington, Docket No. 021011. Bureau for Child Support Enforcement seeks to appeal lower court order recognizing father’s contest to a registered California Order regarding child support and court’s ruling on statute of limitations.