Tuesday, October 3, 2000

1.  State of W. Va. v. Donald C. Smith - 000301 - The petitioner, Donald C. Smith, appeals from his convictions in the Circuit Court of Logan County of the offenses of murder of the first degree ( without mercy ) and murder of the second degree. The petitioner was charged with the shooting deaths of his former wife and her male companion. The petitioner suffered from alcohol and drug problems and asserted that, as a result, he was not criminally responsible for the murders. -  Refused 3-2, Starcher, Scott.


2.  State of W. Va. v. Lewis Franklin Sanders- 000273 -  The petitioner, Lewis Franklin Sanders, appeals from his jury conviction in the Circuit Court of Kanawha County of the felony offense of aggravated robbery, with the use of a firearm. The petitioner was sentenced to 40 years in the penitentiary. The petitioner contends, inter alia, that the Circuit Court failed to properly determine whether the petitioner was competent to stand trial. -  Granted 5- 0. 


3. State of W. Va. v. Jeffrey Allan Pettrey  - 000319 - Defendant appeals from his conviction on 3 counts each of incest, sexual assault, and sexual abuse by a parent. He seeks a reversal of his conviction and a new trial. -  Granted 3-2, Maynard, McGraw. 

4. Lora D. Kiser v. Carrel Mayo Caudill, M.D. - 000382 -  In this medical malpractice action, the petitioner, Lora D. Kiser, appeals from a directed verdict entered in the Circuit Court of Kanawha County in favor of the respondent, Carrel Mayo Caudill, M.D. The Circuit Court determined, during the trial before a jury, that the petitioner's expert witness, a neurologist, was not qualified to render an opinion upon the question of whether the respondent, a neurosurgeon, deviated from the applicable standard of care. -  Granted 5- 0. 

 5. State of W. Va. v. David S. Davisson- 000353 - The petitioner, David S. Davisson, appeals from an order entered in the Circuit Court of Harrison County affirming the petitioner's conviction, in magistrate court, of second offense driving under the influence. The petitioner, who was not found at the scene where his vehicle was wrecked, challenges the validity of his arrest. The petitioner also challenges the propriety of the submission of evidence of his prior DUI conviction to the jury. -  Granted 3-2, Maynard, Davis. 

6.  State of W. Va. v. Michael E. Brown  - 000550 - The petitioner, Michael E. Brown, appeals from an order entered in the Circuit Court of Cabell County sentencing him to two consecutive sentences of life imprisonment, with mercy, upon his convictions by a jury of two counts of murder of the first degree. The petitioner raises a number of alleged errors. -  Granted 4-1,  Davis. 

7.  Veronica Vanway v. Kenneth C. Ford, Robert A. Singer, Tonya M. Bailey and Judith E. Escue, Adm’x  - 000518 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants in this action arising out of a motor vehicle accident. Defendants were guest passengers in the vehicle at fault. - Refused 3-2, Starcher, McGraw. 

8.  Robert E. Bennett & Brenda L. Bennett v. Huntington National Bank, West Virginia  -  000551 - The petitioner, Huntington National Bank, appeals from a summary judgment entered in the Circuit Court of Monongalia County in favor of the respondents, Robert E. Bennett and Brenda L. Bennett. The Circuit Court determined that, because of jury verdicts returned in 1996 in an underlying, consolidated action, the Bank is barred by res judicata and collateral estoppel from collecting upon a December 1992 promissory note and trust deed for $125,000 upon the respondents' personal residence. - Refused 4- 0, Starcher disqualified.

9.  State of W. Va. v. Carrol Eugene Humphries - 000525 - The petitioner, Carrol Eugene Humphries, appeals from his convictions entered in the Circuit Court of Greenbrier County of accessory before the fact to murder of the first degree, with mercy, and conspiracy to commit murder ( the petitioner's jury trial was conducted in Putnam County ). The petitioner contends, inter alia, that the Circuit Court committed error in refusing to dismiss the case due to a delay of approximately 23 years between the alleged offense and the petitioner's indictment. - 
Refused 4- 1, Starcher

10.  Angela S. Love v. Georgia-Pacific Corp. - 000511 - Plaintiff appeals from an adverse jury verdict in this retaliatory constructive discharge action against her employer, defendant Georgia-Pacific Corporation. -  Granted 5- 0. 

11.  Nancy S. Frankel v. Andrew Howard Frankel - 000524 - The petitioner, Nancy S. Frankel, appeals from an order entered in the Circuit Court of Cabell County adopting the recommendation of the family law master that custody of one of the parties' two children be transferred to the respondent, Andrew Howard Frankel, a resident of Texas. The petitioner contends that the transfer was unwarranted because it was based upon the respondent's ability to send the child to an expensive private school in Dallas, Texas. The respondent, however, contends that the private school is necessary because of the child's learning disabilities. - Granted 4-1,  Maynard.