Tuesday, October 3, 2000

1. Lawyer Disciplinary Board v. James W. Keenan  - 25161 - No summary available. 

2. Carolyn Smith, et al. v. WV Division of Rehabilitative Services, et al.  - 27779 - Petitioners appeal from the circuit court's order affirming the decision of the grievance board, which denied petitioners' motion for default judgment pursuant to W.Va. Code §29-6A-3(a)(2) based upon the failure of the Level III Evaluator to issue a timely decision in the an original grievance. - To be presented on briefs only without oral argument.

3. Valerie Maria Harris, et al. v. Allstate Insurance Co., et al   - 27780 - The petitioner, Vengroff, Williams & Associates, Inc., appeals from an order entered in the Circuit Court of Kanawha County directing the petitioner to pay attorney fees to the respondent, Allstate Insurance Company. The award of attorney fees arose when the petitioner, acting on behalf of respondent Allstate, executed a questionable release, in settlement of the claims of third parties.

4. SER WV Dept. Health & Human Resources v. Hon. Andrew N. Frye, Jr., Judge, et al. 27864 - Dismissed.

5. In Re: Mark L. McMillian  - 27866 - No summary available.-  To be presented on briefs only without oral argument.

6. Estate of Berthold Stollings v. Division of Environmental Protection, et al.  - 27757 -The petitioner, Berthold Stollings, appeals from an order entered in the Circuit Court of Logan County upholding a Level IV grievance decision that the petitioner, an employee of the West Virginia Division of Environmental Protection, was entitled to an Engineer III classification ( rather than an Engineer I classification ) but was not entitled to back pay and attorney fees. This appeal concerns the back pay and attorney fee issues. -  Continued to Oct. 31, , 2000.

*7. SER League of Women Voters of WV, et al. v. Earl Ray Tomblin, Pres., WV State Senate 27905 - League of Women Voters, et al., petition for a Writ of Mandamus, seeking to have the budget digest statute, W.Va. Code § 4-1-18, as it is being applied, declared unconstitutional as violative of W.Va. Const., Art.VI, § 51;Art. X, § 3; Art. VII, § 15 and W.Va. Code § 6-9A-3.

8. SER Rose L., et al. v. Hon. David M. Pancake, Judge, et al.  - 27910 - No summary available. - Continued to Jan. 9, 2001.

9. SER Nathaniel Lowe v. Hon. David W. Knight, Judge, et al.  - 27911 - Lowe files a writ of prohibition seeking to prevent his criminal case from proceeding. In the alternative, he files a writ of mandamus seeking to compel the lower court and the State to comply with a plea agreement. During an abuse and neglect proceeding, Lowe entered into an agreement with the State whereby he agreed to have his parental rights terminated in exchange for the State's agreement not to criminally prosecute him. Three years after this agreement was entered into, a fifteen-count indictment was returned against Lowe. Lowe argues that this prosecution is precluded by the previous agreement.

10. SER Wayne Keith Bailes v. Hon. Frank E. Joliffe, Judge, et al.  - 27912 - Bailes petitions for a Writ of Prohibition seeking to prevent the circuit court and special prosecutor from retrying Bailes on charges stemming from a shooting incident. Bailes claims that retrial following the mistrial would constitute double jeopardy.

11. SER Anita D. Brown, Exex. v. The Corporation of Bolivar 27913 - No summary available. Continued to Nov. 28, 2000.

* This case will be called by the Chief Justice at 2:00 p.m.