Requests for Oral Presentation
and
Petitions for Appeal

October 12, 1999

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.

Grant 2-2
[Davis, J., Maynard, J.]

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.

Grant 4-0

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.

Refuse 4-0

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.

Refuse 4-0

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.

Refuse 4-0

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.

Refuse 3-1
[McGraw, J.]

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.

Refuse 4-0

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.

Refuse 3-1
[McGraw, J.]

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.

Refuse 4-0

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.

Refuse 4-0

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.

Refuse 4-0

12.    Donald Preston Falk v. Steve Yardley, Warden, No. 991963. Defendant appeals the circuit court's denial of his petition for habeas corpus relief.

Refuse 4-0


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.

Refuse 4-0

14.    State of West Virginia v. Innocent O. Ibida, No. 991983. Defendant appeals from his felony convictions for two counts of forgery, two counts of uttering and one count of conspiracy.

Refuse 4-0

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.

Refuse 4-0

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.

Grant 3-1
[Maynard, J.]

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.

Refuse 4-0

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.

Grant 3-1
[Maynard, J.]


19.    State of West Virginia v. Michael L. Province, No. 992038. The petitioner, Michael L. Province, appeals from an order of the Circuit Court of Greenbrier County sentencing him to the penitentiary upon a plea of guilty to 17 counts of sexual offenses against a 12 year old victim. The petitioner asserts that the plea and sentence resulted from ineffective assistance of counsel and that the State wrongfully voided its sentencing agreement with the petitioner.

Refuse 4-0

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.

Refuse 3-1
[Starcher, C.J.]

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.

Refuse 4-0