Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, October 4, 2006
1. State of W. Va. v. Larry G. Thomas - 061359 - This is an appeal from the trial court's order sentencing petitioner to life imprisonment without mercy. Petitioner argues that the court erroneously admitted hearsay evidence and that the verdict should be set aside and remanded for a new trial. -- Refuse 3 - 2, Starcher & Albright.
2. State of W. Va. v. Eric Delbert Jett - 061231 - Defendant appeals from his conviction and sentence for operating or attempting to operate a clandestine drug laboratory under West Virginia Code §60A-4-411. - Grant 3 - 2, Davis & Maynard, on issue #1 only.
3. Carrie L. Collier v. Thomas G. Collier - 061192 - Petitioner husband appeals from the circuit court's order denying his request to have the final divorce order set aside on the basis of fraud and a hearing held on equitable distribution. - Refuse 5- 0.
4. Christopher Lee Davis v. Thomas McBride, Warden - 061443 - Petitioner appeals from the circuit court's order denying his petition for habeas relief. Petitioner asserts that both his state and federal constitutional rights have been violated. - Grant 3 - 2, Davis & Maynard, on issue #1 only.
5. State of W. Va. v. Marjorie Virginia Green - 061398 - Defendant appeals from her convictions on two counts of negligent homicide following a jury trial. Defendant seeks to have her verdict set aside and a judgment of acquittal entered. - Grant 4 - 1, Maynard.
6. Jerome E. Burch, et al. v. Nedpower Mount Storm, LLC and Shell Windenergy, Inc. - 061744 - Plaintiffs appeal from the circuit court's final order dismissing on the pleadings this action brought by landowners to enjoin the construction of a wind turbine facility. The circuit court held that an order of the Public Service Commission approving the siting of the facility foreclosed an action for an injunction under the common law doctrine of nuisance. - Grant 5- 0.
7. Superior Walls of America, Ltd. v. Robert Leonard and Carol
Leonard, Middletown Home Sales, Inc., dba Styar Home Center, et al. - 061594
- Certified Question
Pursuant to Code §58-8-2, the petitioner in this intellectual property case certifies the following question to the Supreme Court of Appeals:
Whether the licensing of a non-resident licensor's intellectual property to a nonresident licensee subjects the licensor to the personal jurisdiction of a circuit court of West Virginia when the licensor does not directly conduct business in West Virginia; is not licensed to do business in West Virginia; does not own real property in West Virginia; does not directly manufacture, sell, ship, or supply any products, goods, or services to West Virginia; initiates no direct advertising or solicitations to residents of West Virginia; but the licensor makes available to licensee certain materials to be used in constructing the product, provides the licensee with a defined territory within West Virginia in which to market the product that is produced by the licensor's intellectual property, and permits the licensee to use the licensor's intellectual property in the construction, manufacture, and installation of an allegedly defective product that is ultimately attached to real property in West Virginia?
Answer: The Circuit Court answered in the affirmative and found personal jurisdiction over Superior Walls.
- Refuse 4 - 1, Benjamin.
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