• Appellant's Brief
• Appellee's Brief
• Reply Brief

2.  In Re: Skylean H., Earl K. Mersadies K., and Cody K. - 33135 - The Petitioner/GAL seeks an appeal of the circuit court's order that dismissed the abuse and neglect petition and ordered the children to be returned to the care of the mother. The GAL also seeks to overturn the circuit court's denial of a stay pending appeal.

• Appellant GAL's Brief
• Appellee Dawn B.'s Brief
• Appellee Earl K., Sr.'s Brief
• DHHR's Brief

3.  State of W. Va. v. Michael Lee Kendall - 32689 - Petitioner appeals his conviction for burglary and for three counts of brandishing a firearm. 

• Appellant's Brief
• Appellee's Brief
• Reply Brief

4.  Lawyer Disciplinary Board v. Desiree Lynette Albers - 31279 - The Court will hear argument in this lawyer disciplinary matter.

• Brief of the Lawyer Disciplinary Board
• Amended Brief of Desiree Lynnette Albers

5.  Jerril Davis, et al. v. Eagle Coal and Dock Company, et al. - 33054 -  Defendant J. H. Fletcher & Company files its petition for appeal pursuant to an order certifying questions to this Court. The Order of Certification has been entered in seven civil actions pending before the circuit court. - This case will be heard first.  Chief Justice Davis disqualified.  Judge Johnson sitting by temporary assignment.

THE CIRCUIT COURT HAS CERTIFIED THE FOLLOWING QUESTIONS:

1. Whether a determination of liability predicated on a roof bolter dust collection system design that has not been heretofore deemed permissible by MSHA/Secretary of Labor is subject to preemption by virtue of the conflict between such a judicial determination and 30 U.S.C.A. § 844 and/or the occupation of the field of roof bolter dust collection system design by Federal regulatory authorities. 

ANSWER: YES.

2. Whether a determination of liability predicated on a failure to warn relating to a roof bolter's dust collection system via a warning not specifically prescribed by MSHA/Secretary of Labor is subject to preemption by virtue of the conflict between such a judicial determination and 30 U.S.C.A. § 844 and/or occupation of the field of roof bolter dust collection system and dust control warnings by Federal regulatory authorities.

ANSWER: YES

• Appellant's Brief
• Appellee's Brief
• Reply Brief