Requests for Oral Presentation
and
Petitions for Appeal
October 21, 1999
1. James W. Douglas v. Robert Spence, No. 990955. Plaintiff appeals denial
of motion for referral to binding arbitration in accordance with a legal
services contract provision.
Grant 4-0
2. State of West Virginia v. John R. Shabazz, No. 982386. Defendant
appeals conviction of domestic battery and destruction of property. He was
sentenced to 12 months in the county jail on the charge of domestic battery.
On the charge of destruction of property defendant was sentenced to 6
months in the county jail which was suspended and he was placed on
probation for 2 years to run consecutively to the sentence imposed on the
conviction of domestic battery.
Refuse 4-0
3. Ronald A. West v. George Trent, Warden, No. 991836. Petitioner
appeals lower court order denying his petition for a writ of habeas corpus.
Refuse 4-0
4. Clay Foodland v. WV Dept. Of Health/Human Resources, No. 992143.
Clay Foodland appeals an order affirming the administrative hearing
examiner's decision disqualifying Clay Foodland from the Women's, Infants
and Children's (WIC) program for 2 years.
Grant 3-1
[Starcher, C.J.]
5. State of West Virginia v. Terry Lee Legg, No. 992146. Defendant entered
into Rule 11a(2) plea agreement calling for him to plead guilty to possession
of a controlled substance with intent to deliver while reserving the right to
appeal from an order on a pretrial ruling denying a defense motion to
suppress.
Grant 3-1
[Davis, J.]
6. Linda Kay McQuade v. All-Care Medical, No. 992161. Plaintiff appeals
jury verdict for the defendant in a disability discrimination in employment
action.
Refuse 3-1
[McGraw, J.]
7. State of West Virginia v. Henry Harris., No. 992176. Defendant appeals
conviction of domestic battery. He was sentenced to 12 months in the
Northern Regional Jail.
Grant 3-1
[Davis, J.]
8. David W. Watson v. Carl Legursky, No. 992182. Petitioner appeals order
denying his petition for habeas corpus.
Refuse 4-0
9. State of West Virginia v. Steven Alen Nett, No. 992016. Defendant
appeals his felony conviction of DUI 3rd offense for which he received a
sentence of 1 to 3 years in the penitentiary.
Defer
10. University of WV v. Kim Hickman, No. 992083. Petitioner appeals from
the circuit court's order, affirming the decision of the administrative law
judge, which found that respondent was terminated from her employment
because her use of sick leave inconvenienced petitioner.
Refuse 3-1
[Maynard, J.]
11. Grady D. Hager v. Pauline Kay Hager, No. 992128. Petitioner appeals
from the circuit court's order in this divorce action seeking a reversal of the
distribution of marital assets.
Refuse 4-0
12. State of West Virginia v. Orville T. Kitchen, No. 992131. Defendant
appeals from his kidnapping conviction for which he received a sentence of
60 years in the penitentiary.
Accept
13. Patricia A. Moody v. Randy West, et al., No. 992132. Petitioner appeals
from the circuit court's order which found that petitioner was to receive $1
from the estate of his deceased aunt under the terms of her holographic Will.
Refuse 4-0
14. Kenneth Watson - SER v. William Duncil, Warden, No. 992133.
Defendant appeals from the circuit court's denial of his petition for habeas
corpus relief.
Refuse 3-1
[McGraw, J.]
15. Edna Snyder, et al. v. Mary J. Talkington, No. 992135. Petitioners appeal
from a bench trial wherein the circuit court found that respondents had
acquired a prescriptive right to the unrestricted use of a bridge and entered
a permanent injunction enjoining petitioners from obstructing in any manner
respondents' access to that bridge.
Refuse 4-0
16. Karen Cunningham v. Allen E. Cunningham., No. 992136. Defendant
appeals the circuit court's ruling regarding marital property and the denial of
alimony in this divorce action.
Refuse 4-0
17. State of West Virginia v. Melvin E. Eanes, No. 992137. Defendant
appeals his conviction of delivery of a controlled substance (crack cocaine).
He was sentenced to not less than 1 nor more than 15 years in the
penitentiary and fined $1,000.
Refuse 3-1
[McGraw, J.]
18. Capitol Chrysler-Plymouth v. Sharon D. Megginson, No. 992141.
Plaintiff appeals from a jury verdict and the circuit court's refusal to set aside
the verdict in this action alleging negligent and intentional fraud and
fraudulent misrepresentation in the defendant's lease of a vehicle from
plaintiff.
Grant 3-1
[Starcher, C.J.]
19. Darrell McGraw - SER v Imperial Marketing, No. 991927. This appeal
is a follow-up to State by and through McGraw v. Imperial Marketing, 203
W.Va. 203, 506 S.E.2d 799 (1998). The petitioner, Suarez Corporation
Industries, appeals from an order entered in the Circuit Court of Kanawha
County concerning the consumer refund program. The petitioner, inter alia,
challenges the program's provision that consumers may receive a refund
without returning the product.
Refuse 4-0
20. Belinda Conrad v. WV Regional Jail, No. 992177. This appeal by the
petitioner, Belinda Conrad, is a follow-up to two previous appeals before this
Court: Conrad v. Szabo, 198 W.Va. 362, 480 S.E.2d 801 (1996) [Cleckley,
J.], and Conrad v. West Virginia Regional Jail, No. 990033 (W.Va. - Ref.
March 10, 1999, Workman, J., and McGraw, J., would grant). The petitioner
contends that the Circuit Court improperly limited the petitioner's request
for discovery and that the Circuit Court should have set the jury verdict aside
for that reason.
Refuse 4-0
21. State of West Virginia v. Tony Gerlach, No. 992183. The petitioner,
Tony Gerlach, appeals from his convictions in the Circuit Court of Cabell
County of 2nd degree murder and death of a child by a parent, custodian or
guardian. The petitioner was indicted for the death of the three year old
child of the petitioner's girlfriend. The petitioner contends, inter alia, that
his sentence upon the two convictions violated principles of double jeopardy.
Refuse 4-0
22. Virgil J. Kirk v. Franklin R. Mullins, No. 992205. This is a wrongful
death action in which the petitioners, Virgil J. Kirk, et al., appeal from rulings
of the Circuit Court of Logan granting summary judgment in favor of the
respondents. The petitioners contend that the Circuit Court committed error
in excluding, as speculative, the testimony of the petitioners' expert, who
indicated that the respondents caused the motor vehicle accident which
resulted in the death of the petitioners' son.
Grant 3-1
[Maynard, J.]
23. Melanie L. Minshall v. Health Care & Retirement, No. 992039. The
petitioner, Melanie L. Minshall, appeals from a summary judgment granted
in the Circuit Court of Mineral County in favor of the respondent, Health
Care & Retirement Corporation of America. The petitioner contends that
she was wrongfully terminated from her employment as a nurse's assistant
because of: (1) gender discrimination, (2) intentional or reckless infliction of
emotional distress, and (3) breach of employment contract.
Grant 2-2
[Davis, J., Maynard, J.]
24. Electric Tractor v. Tabor Machine Co., No. 992062. The petitioner,
Tabor Machine Company, appeals from an order entered in the Circuit Court
of Mercer County granting summary judgment in favor of the respondent,
Electric Tractor Incorporated, in the amount of $32,981.82, plus interest. At
issue is the interpretation of an agreement pursuant to which the petitioner
was licensed to manufacture and sell electric tow tractors. In exchange, the
petitioner was required to pay certain royalties to the respondent.
Refuse 4-0
25. Callen Bryan v. Westfield Insurance, No. 992163. The petitioners, Callen
and Charlotte Bryan, appeal from an order entered in the Circuit Court of
Ohio County granting summary judgment in favor of the respondent,
Westfield Insurance Company. Alleging that they “substantially prevailed”
against the respondent, with regard to an underlying claim for underinsured
motorist coverage, the petitioners sought damages from the respondent for
attorney fees, costs and other matters.
Grant 3-1
[Maynard, J.]
26. Ola Mae Taylor v. Cabell Huntington, No. 992175. This is a medical
malpractice action wherein the petitioner, Ola Mae Taylor, appeals from a
jury verdict entered in the Circuit Court of Cabell County in favor of
respondent Linda G. Grim, a licensed registered nurse. The petitioner
contends that the nurse injected her with incompatible drugs and that the
Circuit Court committed error in excluding evidence of the nurse's abuse of
morphine while on the job.
Accept