October 29, 2003
1. Horace Mann Insurance Company v. Charles W. Adkins - No. 030984. Defendant appeals from the circuit court’s order granting summary judgment in favor of the plaintiff insurer in this declaratory judgment action concerning an underinsured motorist insurance claim.
Grant 3-2
[ Maynard, J., Albright, J. ]
2. Board of Trustees of Firemen’s Pension and Relief Fund of the City of Fairmont, West Virginia v. The City of Fairmont, West Virginia, Bruce McDaniel, its city manager, and Eileen Layman, its city financial director - No. 031230. Petitioner appeals from the final order of the circuit court in this declaratory judgment action involving a cost of living adjustment calculation. Petitioner seeks a reversal of the circuit court’s order with instructions on the proper method of calculation.
Grant 5-0
3. Nancy A. Bruce v. Delmos Lloyd Steele, Amos L. Brady, Alan Brady, and Robert Alan Brady - No. 031231. Plaintiff appeals from the circuit court’s ruling that she was not entitled to pre-judgment interest from the time delinquent child support payments became due until the time real estate was sold to satisfy that delinquency. Plaintiff seeks a remand of this action with directions that she be paid the interest which has accrued on the delinquent child support payments from the time they were due.
Grant 5-0
4. Jaime Ann Guida-Tate v. Jorge Arturo Martinez - No. 031232. Petitioner appeals from the circuit court’s order affirming the final order of the family court in this divorce action. The issues on appeal before the circuit court primarily involved child support.
Refuse 3-2
[ Maynard, J., Albright, J. ]5. State of West Virginia v. Linda McLaughlin - No. 031254. Defendant entered a conditional plea to second degree arson while preserving the right to appeal the issue of evidence preservation under State v. Osakalumi and Rule 11(a)(2). Defendant was sentenced to one year in the West Virginia Penitentiary, which was suspended in lieu of two years unsupervised probation.
Refuse 4-1
[ Starcher, C.J. ]
6. State of West Virginia v. Fredrick Thomas M. - No. 031260. Defendant appeals from his convictions on various sex crimes. He alleges a violation of his constitutional right to a speedy trial. Defendant seeks a reversal of his convictions and a dismissal of his indictment, with prejudice.
Refuse 5- 0
7. Leland Thorne and Betty Maxine Thorne v. Richard L. Comer and Terry L. Comer - No. 031261. Petitioners appeal from the circuit court’s order determining that petitioners have only a 14 ft. right-of-way accessing their real estate pursuant to written deeds and documents filed in the Office of the Clerk of the County Commission of Grant County. Petitioners sought injunctive relief to restrain respondents from interfering with petitioners’ claimed 30 ft. right-of-way. Petitioners appeal to this Court on the issue of the width of the subject right-of-way.
Accept To Motion Docket
8. State of West Virginia v. Olin M. Gaskins - No. 031270. Defendant appeals from his convictions following a jury trial for the offenses of delivery of Schedule II controlled substance and delivery of an imitation controlled substance. Defendant also was sentenced to an indeterminate term of incarceration of 1 to 15 years upon his conviction for delivery of Schedule II controlled substance and 1 year incarceration in jail upon his conviction for delivery of an imitation controlled substance, said terms to run consecutively. The trial court further ordered that defendant serve at least two (2) years of the penitentiary sentence before being eligible for parole consideration.
Accept To Motion Docket
9. Ceredo-Kenova Community Center v. City of Kenova and City of Ceredo - No. 031276. The City of Kenova appeals from the circuit court’s order granting a permanent injunction in favor of the Ceredo-Kenova Community Center, Inc., enjoining and prohibiting either the City of Kenova or the Town of Ceredo from unilaterally dissolving the Ceredo-Kenova Community Center, Inc., or from interfering in the operations of the Ceredo-Kenova War Memorial Facility, other than general oversight responsibilities. The City of Kenova appeals.
Refuse 3-2
[ Davis, J., McGraw, J. ]10. SER Larry D. Hall, II v. George Trent, Warden - No. 031277. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Petitioner asserts various evidentiary and trial errors, as well as ineffective assistance of counsel.
Refuse 5- 0
11. SER John R. Marple v. Thomas McBride, Warden - No. 031285. Petitioner appeals from the circuit court’s denial of his petition for a writ of habeas corpus. He raises various constitutional and trial errors.
Refuse 5- 0
12. State of West Virginia v. Gypsy "Buck" Bohon - No. 031354. On remand from this Court, defendant appeals from his second degree murder conviction following a jury trial. He raises various evidentiary and trial errors in seeking the reversal of his conviction.
Accept To Motion Docket
13. State of West Virginia v. Ira Gene Bunch - No. 031426. Petitioner appeals his conviction of one count of felony "threat with intent to retaliate against a public official", for which he was sentenced to 1 to 10 years incarceration. He asserts several trial errors and insufficiency of the evidence.
Refuse 3-1
[ Starcher, C. J. ]
[ Albright, J. Disqualified ]14. State of West Virginia v. David Tidwell, IV - No. 031431. Petitioner appeals his convictions for petit larceny and unlawful assault. He asserts that his right against double jeopardy has been violated.
Grant 5- 0
15. Buddy Keesee v. General Refuse Service, Inc. - No. 031434. Petitioner appeals an adverse jury verdict and the court’s denial of a motion for new trial in a deliberate intent case where the employee was killed on the job.
Accept To Motion Docket
16. Stonewall Jackson Memorial Hospital Company v. O.V. Smith & Sons - No. 031440. The defendants in a property case appeal the circuit court’s order which denied their joint motion to disqualify opposing counsel. They contend that opposing counsel, a former justice of this Court and the former justice’s law firm, have a conflict of interest under Rule 1.12 of the Rules of Professional Conduct because the former justice participated in and voted on a prior petition for appeal involving these same parties and this same matter.
Refuse 4-1
[McGraw, J. ]17. Roger L. Adams v. State Farm Mutual Ins. Co. - No. 031466. Plaintiffs below appeal the circuit court’s orders which granted partial summary judgment to defendant and which directed a verdict in favor of the defendant on the issue of insurance coverage.
Refuse 4-1
[McGraw, J. ]18. James R. Stafford v. Rocky Hollow Coal Co. - No. 031468. Defendants appeal a 2.5 million dollar jury verdict in a wrongful discharge case. Plaintiff asserted breach of a lifetime employment contract and retaliatory discharge.
Refuse 3- 1
[Maynard, J. ]
[Davis, J. Disqualified ]19. April Morgan v. John Grossklaus - No. 031469. Petitioners appeal the circuit court’s order which requires them to convey a one-half undivided interest in certain real estate to respondent.
Refuse 5- 0
20. Daniel R. Fitch v. Mountain Enterprises, Inc. - No. 031470. Defendant appeals various orders of the circuit court, including an $ 18 million dollar judgment order. Defendant is a paving contractor which was found liable as a result of an accident caused by a truck owned and operated by a co-defendant hauling subcontractor.
Refuse 5- 0
21. SER Marc Scott v. William Haines, Warden - No. 031473. Petitioner appeals the circuit court’s denial of his petition for a writ of habeas corpus. He alleges he was not provided the effective assistance of counsel at the trial where he was convicted second degree murder.
Refuse 4-1
[Albright, J. ]22. Gary R. Gregg v. Cody R. Cale and Nationwide Ins. Co. - No. 031484. Nationwide petitions for appeal from an adverse jury verdict and the circuit court’s denial of a motion for new trial. The jury found that Nationwide failed to prove that it had mailed or otherwise delivered an offer of underinsured motorist coverage.
Refuse 5- 0
23. Jincy Rouse v. CAMC, Inc.; WV University Medical Corp., et al. - No. 031487. Plaintiff below appeals the circuit court’s order which granted defendants’ motions to dismiss in a medical negligence case. The court found that plaintiff had failed to follow the Medical Professional Liability Act, as amended, by filing her lawsuit in advance of providing defendants with a notice of claim and by not timely filing a screening certificate of merit. The court held that plaintiff’s complaint was of no force and effect, and that it is now too late to refile.
Accept To Motion Docket
24. John Moss, III v. George Trent, Warden - No. 031488. Petitioner appeals the denial of his petition for a writ of habeas corpus after having previously been convicted of first degree murder without a recommendation of mercy. He asserts that he is entitled to habeas relief pursuant to In the Matter of an Investigation of the West Virginia State Police Crime Laboratory Serology Division ("Zain 1").
Refer to Special Judge
25. Stanford J. Huber v. Ford Motor Co. - No. 031489. Defendant Ford Motor Company appeals the denial of post-trial motions in a case where a jury awarded $1,233,452.00 to plaintiff Joan Huber and $400,000 to plaintiff the administrator of the estate of Jennifer Huber. The plaintiffs allege that Ford is liable for a defectively designed automotive part.
Refuse 5- 0
26. Brenda Brum, et al. v. Wood County Board of Education - No. 031483. Petitioners appeal the circuit court’s order which upheld the decision of the WV Education and State Employees Grievance Board. The Grievance Board found that petitioners were not denied due process with respect to their proposed employment transfers.
Grant 3-1
[ Davis, J. ]
[ Albright, J. Disqualified ]27. Ricky Melvin Holley v. Mt. Olive Correctional Complex - No. 031502. Petitioner appeals the circuit court’s denial of his petition for a writ of habeas corpus. He was previously convicted of murder in the first degree without a recommendation of mercy. He asserts ineffective assistance of counsel, prosecutorial misconduct, and other trial errors.
Accept To Motion Docket
28. Howard Jeffrey L. v. Timothy Ruckman, Family Court Judge - No. 031511. A Family Court Judge appeals the order of a Circuit Court which granted a petition for writ of mandamus and directed the Family Court to hold a hearing in a specific time period.
Refuse 5- 0
29. In Re: Adoption of Chelsey Amburgy by Don and Teresa Adkins - No. 031515. Petitioners appeal the circuit court’s order denying their petition to adopt their grandchild. The court found that the evidence did not support a finding of abandonment by the child’s father.
Grant 2 - 2
[ Starcher, C. J., Albright, J. ]
[ McGraw, J., Not Participating ]30. SER Charles Longerbeam v. Howard Painter, Warden - No. 031519. Petitioner appeals through the habeas corpus process from the circuit court’s order denying his motion for a new trial following an adverse jury verdict for First Degree Sexual Assault and Burglary.
Refuse 5- 0
31. State of West Virginia v. James Kimberling - No. 031510. Petitioner appeals from the circuit court’s order denying his Motion to Suppress blood evidence. The defendant entered into a conditional plea with the understanding that the same would be set aside if the Court found that the Court’s refusal to suppress the blood test results was in error.
Refuse 3-2
[ Davis, J., Maynard, J. ]32. Michael L. Botkins, Sr. v. City of Charleston - No. 031523. This case stems from a sewage pipe flood of respondent’s home. Petitioner appeals from the circuit court’s judgment order on all issues in favor of the plaintiff. The City of Charleston appeals and seeks reversal.
Refuse 5- 0
33. Gary D. Wachter v. Sylvia L. Wachter - No. 031524. Petitioner filed a Motion for Reduction or Termination of Spousal Support based on the respondent openly cohabitating with an individual for several years, resulting in a de facto marriage. Petitioner appeals from the circuit court’s order denying his motion.
Grant 4-1
[ Albright, J. ]34. Constantin Zamfirescu v. Marriott International, Inc. - No. 031525. Petitioner appeals from the circuit court’s order enforcing a settlement agreement signed by both parties in this wrongful termination and discrimination case.
Refuse 3-2
[ Starcher, C. J., McGraw, J. ]
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