October
29, 2009
1. Judith Brendemuehl, M.D. v. Logan General Hospital, LLC, d/b/a Logan Regional Medical Center, and Kevin Fowler - No. 090914. Plaintiff files a petition for relief from the circuit court’s order denying a preliminary injunction in relation to the restrictions placed on her privileges at defendant hospital.
Refuse 5-0
[Davis, J. Disqualified]
[Clawges, Judge Sitting By Special Assignment]
2. Richard J. and Marianne B. Lindroth v. State Tax Commissioner of West Virginia - No. 091156. Petitioner taxpayers appeal from the circuit court’s order affirming a decision of the Office of Tax Appeals. Petitioners seek a refund of $13,364, plus interest.
Refuse 5-0
3. Meadoworks, LLC, a West Virginia limited liability company, and Hubert. L. Workman, individually and as a member of Meadoworks, LLC v. Kaye Crone, individually and as a member of Meadoworks, LLC - No. 091168. Defendant appeals from the circuit court’s order granting summary judgment in favor of plaintiffs in this action arising out of a dispute involving a limited liability corporation. Defendant seeks a reversal of the circuit court’s rulings, as well as other relief, including an order from this Court barring plaintiffs’ law firm from all participation and an award of attorney’s fees that defendant has incurred as a result of the violations of the Rules of Professional Conduct.
Refuse 5-0
4. State of West Virginia ex rel. Alexander Vincent Golosow v. Thomas McBride, Warden, Mount Olive Correctional Complex - No. 091169. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Defendant raises issues relating to ineffective assistant of counsel, evidentiary issues at trial that rise to the level of constitutional denials of the right to confront witnesses, the right to the suppression of seized evidence, etc. Defendant seeks to have his murder conviction set aside and his case remanded for a new trial.
Refuse 5-0
5. Frederick Management Company, LLC v. City National Bank of West Virginia - No. 091250. Plaintiff appeals from a circuit court’s order granting defendant’s motion for summary judgment, denying plaintiff’s motion for entry of order delineating justiciable issues, and denying defendant’s motion to dismiss for failure to prosecute under Rule 41. Plaintiff seeks a reversal of the circuit court’s rulings.
Accept To Motion Docket
6. Terry Lee Phillips v. West Virginia Division of Motor Vehicles, Joseph Cicchirillo, Commissioner - No. 091172. Petitioner sought a writ of prohibition from the circuit court seeking to have a hazardous driving designation deleted from his driving record. Petitioner asserts that the Department of Motor Vehicles wrongly classified an out-of-state moving violation as hazardous driving. The circuit court denied the petition for a writ of prohibition.
Accept To Motion Docket
7. Jack D. Rowe, II v. Leslie Moon - No. 091173. Defendant appeals from the circuit court’s adverse order entered following a bench trial in this declaratory judgment action alleging trespass and tortious interference with property. Defendant seeks a reversal of the circuit court’s rulings and the grant of a prescriptive right-of-way, or, in the alternative, a right-of-way by necessity.
Refuse 5-0
8. State of West Virginia v. James Robert Harris - No. 091151. Defendant was convicted for abduction with intent to defile, conspiracy to commit abduction with intent to defile, two counts of aiding and abetting second degree sexual assault, and one count of second degree sexual assault. Defendant received an aggregate sentence of 31 to 80 years after defendant serves a life sentence for his conviction on abduction with intent to defile, which was the triggering offense for the filing of a recidivist information. Defendant raises issues related to the application of the Rape Shield Act in the exclusion of evidence; his sentencing; and the failure to provide him with complete transcripts.
Accept To Motion Docket
9. State of West Virginia v. Brian C. Morgan - No. 091197. Defendant appeals from his convictions on five counts of first degree sexual assault and 10 counts of possession of child pornography. Defendant raises issues related to his confession and his diminished capacity.
Refuse 4-0
[McHugh, J. Disqualified]
10. James Michael Casey, D.V.M., M.S. v. West Virginia Board of Veterinary Medicine - No. 091257. The West Virginia Board of Veterinary Medicine appeals from the circuit court’s order granting respondent a writ of mandamus and finding that he had met the qualifications for licensure by reciprocity. The Board had deemed respondent’s application for licensure in West Virginia to be incomplete. The Board seeks a reversal of the circuit court’s order.
Grant 5-0
11. Dianna Brekke Storrie v. Christopher Michael Simmons - No. 091137. Dianna Brekke Storrie appeals the circuit court’s order which denied a petition for appeal of a family court order denying her motion to modify a parenting plan and notice of relocation.
Grant 5-0
12. Robin A. Anderson, Administratrix of the Estate of Melvin D. Anderson, deceased v. American Electric Power Service Corporation, a New York Corporation; and Appalachian Power Company, a Virginia Corporation - No. 091125. Plaintiff appeals in a negligence and deliberate intent case. She asserts that one defendant was not entitled to workers’ compensation immunity because it was not the agent or representative of the co-defendant employer, and that the court erroneously instructed on contributory negligence.
Refuse 5-0
13. Sheila A. Dorsey, Individually and as Administratrix of the Estate of Esther M. Spadafore, Deceased v. Health Care and Retirement Corporation of America d/b/a Heartland of Clarksburg and Linda Dailey, Administrator - No. 091128. Plaintiff Sheila A. Dorsey appeals the circuit court’s denial of a motion for new trial after a defense verdict in a nursing home malpractice case. She asserts multiple discovery and evidentiary errors.
Refuse 4-1
[Workman, J.]
14. Aero-Fab, Inc., individually and on behalf of all others similarly situated, The Bunch Company, individually and on behalf of all others similarly situated v. West Virginia Employers’ Mutual Insurance Company d/b/a Brickstreet Mutual Insurance Company - No. 091135. Plaintiffs below, Aero-Fab. Inc. and The Bunch Company, appeal the circuit court’s order granting defendant BrickStreet Mutual Ins. Co. relief from an earlier summary judgment order. Relying upon a recent decision of this Court, the circuit court found that plaintiffs are challenging an insurance premium rate and their claim falls within the exclusive jurisdiction of the W.Va. Insurance Commissioner.
Refuse 3-2
[Workman, J., Clawges, Judge]
[ Justice Ketchum Disqualified]
[ Clawges, Judge Sitting By Special Assignment]
15. State of West Virginia v. Raymond Rolley Richards, III - No. 091211. Raymond Rolley Richards, III appeals the denial of his Motion for Correction of Sentence. He argues that imposition of a post-conviction period of supervised release under W.Va. Code § 62-12-26 is an unconstitutional violation of the U.S. and W.Va. Constitutions’ ex post facto clauses because his crime was committed before the effective date of this statute.
Refuse 5-0
16. State of West Virginia ex rel. David J. Shively v. David Ballard, Warden, Mount Olive Correctional Complex - No. 091230. David J. Shively appeals the circuit court’s "Order Refusing Petitioner’s Fourth (4th) Pro-Se Post-Conviction Habeas Corpus Petition and Motion for Appointment of Habeas Counsel." He asserts that the court erred by not appointing him counsel so that an amended petition could be filed.
Refuse 5-0
17. State of West Virginia v. John J. Grant - No. 091236. John J. Grant appeals his conviction for Murder in the Second Degree. He asserts insufficiency of the evidence, evidentiary error, and cumulative error.
Refuse 5-0
18. Wolf Run Mining Company v. West Virginia Office of Miners’ Health, Safety and Training - No. 091171. Wolf Run Mining Company files a petition for writ of certiorari and/or petition for appeal from the circuit court’s order affirming a decision of the W.Va. Coal Mine Safety Board. The board upheld two citations issued by the W.Va. Office of Miners’ Health, Safety and Training for an incident where an apprentice miner was struck and killed by a piece of machinery.
Accept To Motion Docket
19. Constance Sloan v. The Town of Clendenin, a Municipal Corporation, and Darrick B. Cox - No. 091252. Plaintiff Constance Sloan appeals the circuit court’s order granting summary judgment in favor of defendants The Town of Clendenin and Darrick B. Cox. She argues inter alia that there are outstanding genuine issues of material fact and the court erred in holding that the defendants have immunity from suit.
Refuse 4-0
[Davis, J. Not Participating]
20. State ex rel. William Ray Taylor, II v. Teresa Waid, Warden, Huttonsville Correctional Center - No. 091209. William Ray Taylor, II, appeals the circuit court’s denial of his omnibus petition for post-conviction habeas corpus pertaining to his conviction for Second Degree Sexual Assault. He alleges ineffective assistance of trial and appellate counsel, juror bias, and improper prosecutorial comments.
Refuse 5-0
21. State of West Virginia v. Dean Craig Spears - No. 091263. Dean Craig Spears appeals his conviction for "Failure to Provide Notice of Changes in Sex Offender Registration." At a bench trial the court concluded that petitioner had not provided information about a vehicle owned by others that he regularly drove. Petitioner asserts that he was not properly informed of the sex offender registration requirements and was never asked about vehicles to which he had access.
Accept To Motion Docket
22. State of West Virginia ex rel. Darrell V. McGraw, Attorney General v. Johnson & Johnson and Janssen Pharmaceutica Products L.P. - No. 091273. Johnson & Johnson and Janssen Pharmaceutica Products L.P. appeal the circuit court’s adverse partial summary judgment order, bench trial order, and order on post-trial motions in a case brought by the W.Va. Attorney General pursuant to the W.Va. Consumer Credit and Protection Act. The court imposed $4,475,000 in civil penalties after finding, inter alia, that petitioners made false and misleading communications about two drugs that Janssen manufactures.
Accept To Motion Docket
[McHugh, J. Disqualified]
[Aboulhosn, Judge Sitting By Special Assignment]
23. State of West Virginia v. Bernard L. Waybright - No. 091280. Bernard L. Waybright appeals his conviction for "Failure to Provide Notice of Changes in Sex Offender Registration." He asserts that the Act’s requirement to notify the State Police of changes in registration information is unconstitutionally vague and violates substantive due process; insufficient evidence to support the conviction; evidentiary error; ineffective assistance of counsel; and cumulative error.
Refuse 5-0
24. State of West Virginia v. Jason T. Atkins - No. 091289. Petitioner Jason T. Atkins appeals from a Fayette County Circuit Court ruling dated May 27, 2009, which dismissed petitioner’s petition for Writ of Habeas Corpus. The Circuit Court dismissed the petition for being untimely filed.
Grant 5-0
25. IN RE: The Marriage and Children of Jeffrey E. Skidmore v. Crystal L. Rogers - No. 091290. Jeffrey E. Skidmore appeals from a July 2, 2009, Order of the Braxton County Circuit Court, which upheld the Family Court’s denial of Request of Modification of a Parenting Plan. The parties in this case were divorced and the Parenting Plan was established by prior Order of the Circuit Court.
Grant 5-0
26. Cindy M. Broadwater, Administratrix of the Estate of Jon M. Broadwater v. Don Lanham - No. 091300. Petitioner Don Lanham appeals from a February 5, 2009, Default Judgment Order of the Ritchie County Circuit Court, which granted judgment against the petitioner upon the issue of liability. The Respondent’s Wrongful Death civil action arose following petitioner’s conviction of Felony Murder for the death of Jon M. Broadwater, for which the petitioner is currently serving a life sentence without the possibility of parole.
Refuse 5-0
27. State of West Virginia v. Jamie Turner - No. 091304. Petitioner Jamie Turner appeals from his conviction of three Counts of First Degree Robbery and one Count of Fleeing at a jury trial. Petitioner was ultimately given concurrent sentences of sixty years in prison on each of the robbery convictions and a consecutive sentence of six months confinement for the fleeing.
Grant 5-0
28. State of West Virginia v. Stephen Lee Mahood - No. 091291. Petitioner Steven Lee Mahood was convicted by a jury of First Degree Murder without a recommendation of mercy on October 17, 2009. Mr. Mahood now appeals from an April 14, 2009, Order of the Jackson County Circuit Court, sentencing the him to life in prison without eligibility for parole. Petitioner seeks a reversal of his conviction and a remand for a new trial.
Accept To Motion Docket
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