1. State of West Virginia v. Gene Walker, No. 991925. Defendant appeals
conviction for voluntary manslaughter with the use of firearm. He was
sentenced to 15 years.
2. Douglas Bass v. Laura Coltelli Rose, No. 991926. Defendant lawyer
appeals Order of the lower court determining that contingent fees charged by
the lawyer on medical payment recoveries were not covered by the contingent
fee contract entered into by the plaintiff, Douglas Bass, or his mother, Mabel
Bass, and that the fees are refundable to Douglas Bass with a reduction for
quantum merit fees as may have been earned by the lawyer.
3. Charles King v. David K. Hendrickson, No. 991932. Plaintiffs appeal
order denying them access to a closed and sealed file in another case which
was resolved with a court-approved settlement.
4. Sara L. Creighton v. David K. Hendrickson, No. 991980. Plaintiffs
appeal order denying them access to a closed and sealed file in another case
which was resolved with a court-approved settlement.
5. State of West Virginia v. Hillard W. Baisden, No. 991933. Defendant
appeals his convictions of four counts of incest, six counts of sexual abuse by
a parent and six counts of sexual abuse in the first degree.
6. Chandra K. Parkulo v. WV Board of Probation, No. 991934. Plaintiff
appeals from the circuit court's award of summary judgment in favor of
defendants in this personal injury action.
7. Ronald Wright v. Upon This Rock Const., No. 991942. Plaintiffs, in this
consolidated action, appeal from the circuit court's award of summary
judgment in favor of all defendants on all claims asserting, inter alia, that
plaintiffs had made a prima facie claim of tortious interference with business
relations against the defendant corporation.
8. Cheryl D. Huggins v. Joseph Alford, No. 991943. Plaintiff appeals from
a jury verdict in favor of defendant in this personal injury action arising out
of an automobile accident. Plaintiff alleges that the circuit court erred failing
to grant either her motion for judgment as a matter of law or her motion for
a new trial.
9. William E. Stanley v. Weirton Shopping Plaza, No. 991951. Defendant
appeals from a jury verdict in favor of plaintiff in this personal injury action
in which plaintiff alleged that defendant was negligent in the maintenance of
its property causing plaintiff to fall. The jury awarded plaintiff $62,566.63,
which included $26,566.63 in past medical expenses.
10. James Hores v. Bardia Jafari, No. 991952. Defendant appeals from the
circuit court's denial of his motion for summary judgment and from the jury
verdict rendered against him in this breach of contract action.
11. State of West Virginia v. Robert J. Reed, II, No. 991962. Defendant
appeals from his conviction of second degree sexual assault and third degree
sexual assault. He received a sentence of 10 to 25 years for the second degree
sexual assault and 1 to 5 years for the third degree sexual assault, the
sentences to run concurrently.
12. Donald Preston Falk v. Steve Yardley, Warden, No. 991963. Defendant
appeals the circuit court's denial of his petition for habeas corpus relief.
13. William Frum v. WV Dept. Of Health and Human Resources, No.
991964. Defendant seeks a review of certified questions from the Circuit
Court of Harrison County.
15. Ronald W. Gallaher v. Kimberly Gallaher, No. 991984. Defendant
appeals from the circuit court's order in this divorce proceeding, which
reversed the family law master's decision concerning marital property and
equitable distribution.
16. Judy Banfi v. American Hospital Fo., No. 991993. The petitioner, Morris
Cunningham, appeals from an order of the Circuit Court of Cabell County
granting summary judgment in favor of the respondent hospital and
physician. The Circuit Court concluded that summary judgment was
warranted because the petitioner failed to obtain expert testimony concerning
the standard of care, where the petitioner's decedent, a patient at the
hospital, fell in her room and required surgery for a resulting bone fracture.
17. State of West Virginia v. David H. Rigsby, No. 992036. The petitioner,
David H. Rigsby, appeals from an adverse jury verdict in the Circuit Court of
Putnam County finding him guilty of driving under the influence, third
offense. The petitioner contends that the motor vehicle checkpoint
conducted by the police, which resulted in his arrest, was unreasonable and
that all evidence therefrom should have been suppressed.
18. Michael Stout v. Ravenswood Aluminum, No. 992037. The petitioners,
Michael and Darla Stout, appeal from an order of the Circuit Court of
Jackson County granting summary judgment in favor of the respondent,
Ravenswood Aluminum, with regard to the petitioners' deliberate intent
action. Mr. Stout was injured when a section of duct work at the
respondent's plant fell upon the fork lift Mr. Stout was operating.
20. G. Thomas S. v. L. Jolene S., No. 991991. The petitioner, L. Jolene S.,
appeals from a modification order entered in the Circuit Court of Harrison
County adopting the recommendation of the family law master that custody
of the parties' three children be awarded to the respondent, G. Thomas S.
The petitioner asserts that error was committed in considering whether the
petitioner had alienated the children's affections toward the respondent's
paramour.
21. State of West Virginia v. Weldon Ray Rhodes, No. 992041. The
petitioner, Weldon Ray Rhodes, appeals his Kanawha County conviction of
bank robbery. One of the issues raised by the petitioner concerns whether
the State proved all of the elements of the offense as set forth in the
indictment.