1. Trafalgar House Construction, Inc. v. ZMM, Inc., No. 011181. Plaintiffs appeal from the circuit court’s award of summary judgment in favor of defendants’ finding that plaintiffs’ claim was time-barred because plaintiffs either knew, or reasonably should have known, the defendants caused their injuries more than 2 years before plaintiffs filed their action. 

Accept to Motion Docket

 

2. Lisa M. Ross v. Jerry Thorton, d/b/a Jerry Thorton & Associates, No. 011382. Plaintiff appeals from the circuit court’s award of summary judgment in favor of the defendant real estate appraiser.

Refuse 5 - 0

 

3. Jeanne Tennant v. Russell Smallwood, Jr., No. 011431. Defendant insurance carrier appeals from the circuit court’s order finding that plaintiffs were entitled to "uninsured" motorist coverage under their policy notwithstanding the fact that defendant’s motor vehicle was insured.

Grant 3 - 2
[McGraw, C.J., Davis, J.]

 

4. Kyle Baker v. Monroe County Board of Education, No. 011432. Petitioner appeals from the circuit court’s order denying his petition for a writ of mandamus in relation to his non-selection for an assistant principal’s position at James Monroe High School. 

Refuse 5 - 0

 

5. State of West Virginia v. Douglas Vince, No. 0111434. Defendant appeals from the circuit court’s order denying his motion to withdraw his guilty plea.

Refuse 5 - 0

 

6. Ronald Matheny v. Fairmont General Hospital, No. 011468. Plaintiffs appeal from the circuit court’s order denying their motion for a new trial after an adverse jury verdict in this medical malpractice action.

Defer

 

7. State of West Virginia v. Michael Rogers, No. 011470. Defendant appeals from his conviction of intimidating a witness in violation of W.Va. Code §61-5-21(b). Defendant was sentenced to 90 days in the Wood County Correctional Center.

Refuse 5 - 0

8. Sheryl R. Jewell v. Lisa Ford and Nationwide Mutual Insurance Co., No. 011575. Plaintiff appeals from the circuit court’s award of summary judgment in favor of Nationwide.

Grant 4 - 1
[Maynard, J.]

 

9. Lynnette Fye, et al. v. Wal-Mart Stores, Inc., No. 011578. Plaintiffs appeal from the jury’s verdict in favor of defendant and the trial court’s denial of their motion for judgment as a matter of law or, in the alternative, for a new trial.

Refuse 4 - 1
[McGraw, C.J.]

 

10. Clifford Vance, et al. v. Norfolk and Western Railway Company, No. 011209. The petitioner, Norfolk and Western Railway Company (now Norfolk Southern Railway Company), appeals from an order entered in the Circuit Court of Kanawha County denying its motion for judgment as a matter of law, for a new trial or for a remittitur with regard to a jury verdict in excess of $5,000,000 returned in favor of the respondents, Clifford Vance, et al. The respondents are former employees of the petitioner who claimed to have been exposed to asbestos and other harmful dusts within the scope of their employment. The respondents’ actions were filed pursuant to the Federal Employer’s Liability Act. The petitioner contends, inter alia, that the Circuit Court committed error in submitting to the jury the respondents’ "fear of cancer" claims and in allowing evidence of an increased risk of cancer.

Refuse  4 - 1
[Maynard, J.]

 

11. SER Kevin Ray Gardner v. West Virginia Board of Probation and Parole, No. 011359. The petitioner, Kevin Ray Gardner, seeks relief in habeas corpus from a ruling of the West Virginia Parole Board revoking his parole upon his plea of guilty to three misdemeanor offenses allegedly committed in September 2000. The petitioner contends, inter alia: (1) that he was placed upon probationary parole because of those offenses prior to his guilty pleas and (2) that he had an agreement with the Parole Board that his probationary parole would convert to ordinary parole if he committed no new offenses. In that regard, the petitioner asserts that, although his guilty pleas to the three offenses occurred during his probationary parole period, the guilty pleas should not have been found by the Parole Board to be "new offenses" for purposes of parole revocation.

Grant 3 - 2
[Davis, J., Maynard, J.]

 

12. State of West Virginia v. Michael Matisko, No. 011551. The petitioner, Michael Matisko, appeals from an order entered in the Circuit Court of Ohio County affirming the petitioner’s convictions in magistrate court of domestic battery and obstructing a police officer. The victim of the domestic battery, the petitioner’s girlfriend, did not appear for trial in magistrate court. Her out-of-court statements, however, concerning the incident were submitted to the jury under the excited utterance exception to the hearsay rule. The petitioner contends, inter alia, that the magistrate court and Circuit Court committed error in not allowing the petitioner to challenge the validity and credibility of those out-of-court statements.

Grant 3 - 2
[Davis, J., Maynard, J.]

 

13. SER Forrest Ray Kyle v. Howard Painter, Warden, No. 011552. The petitioner, Forrest Ray Kyle, appeals from an order entered in the Circuit Court of Preston County denying him relief in habeas corpus. The petitioner was convicted of thirty-three counts of sexual offenses against his children. His appeal to this Court was refused in 1994. The petitioner contends, inter alia, that he should have been granted relief in habeas corpus because his right to a speedy trial was violated with regard to his trial upon the charges.

Refuse  4 - 1
[Starcher, J.]

 

14. Robert J. Rufus, et al. v. Walter Alan Lively, et al., No. 011553. The petitioners, Robert J. Rufus, Rufus & Rufus and Danny R. Lester, appeal from an order entered in the Circuit Court of Raleigh County dismissing their action against respondent Roger A. Griffith and his accounting firm, Gray, Griffith and Mays. The Circuit Court determined that Griffith, an expert witness who testified against the petitioners in an underlying action, could not be sued, since he was entitled to witness immunity. The petitioners contend that Griffith was not entitled to witness immunity since his alleged civil conspiracy with others against the petitioners went beyond the scope of Griffith’s role as an expert witness. This matter arose from an action which was the subject of this Court’s opinion in Lively v. Rufus, 207 W.Va. 436, 533 S.E.2d 662 (2000).

Refuse  3 - 1
[Maynard, J.]
[McGraw, C.J., Disqualified]

 

15. State of West Virginia v. Gregory Dale Casto, No. 011549. The petitioner, Gregory Dale Casto, appeals from an order entered in the Circuit Court of Kanawha County sentencing him to life imprisonment, with mercy, upon his conviction of first degree murder. The petitioner contends that the Circuit Court committed error in admitting, at trial, Rule 404(b) evidence of the petitioner’s prior bad acts.

Refuse  3 - 2
[Starcher, J., Albright, J.]

 

16. Terry Haynes v. West Virginia Board of Probation and Parole, No. 011550. The petitioner, Terry Haynes, appeals from an order entered in the Circuit Court of Kanawha County denying him habeas corpus relief. The petitioner contends, inter alia, that the Circuit Court committed error in denying him habeas corpus relief without conducting a hearing.

Refuse 5 - 0

 

17. State of West Virginia v. Carlos "Binky" Scott, No. 011604. Petitioner who was convicted of delivery of a controlled substance and conspiracy to deliver same challenges his convictions based upon jury instructions, chain of custody, and procedures used at the State Police Laboratory

Refuse 5 - 0
[With Leave to File for Extraordinary Relief]

 

18. Aurelia Harvey and Amy McDowell v. Ritchie & Johnson Funeral Parlor, Inc. and Greenwood Memorial Park, No. 011614. Petitioners assert the lower court erred in granting summary judgment to funeral home in face of evidence of agency relationship between the funeral home and the cemetery.

Refuse  4 - 1
[Albright, J.]

 

 

19. State of West Virginia v. William Braham, No. 011633. Petitioner who was convicted of the felony offense of fraudulent schemes seeks to appeal his conviction challenging the constitutionality of the underlying criminal statute and for several rulings related to the trial.

Accept to Motion Docket

 

20. Kathleen M. Lloyd, Administrator of the Estate of Mary V. Hundley, deceased v. Charleston Area Medical Center, Inc., a West Virginia corporation; Shawnee Hills, Inc., a West Virginia corporation; Leon Shiu-Lung Kwei, M.D.; and Emergency Management Specialists, Inc., a West Virginia corporation, No. 011634. Medical malpractice plaintiff presents four certified questions in a case alleging that medical negligence resulted in suicide. 

Accept to Motion Docket

 

21. Kathleen M. Lloyd, Administrator of the Estate of Mary V. Hundley, deceased v. Charleston Area Medical Center, Inc., a West Virginia corporation; Shawnee Hills, Inc., a West Virginia corporation; Leon Shiu-Lung Kwei, M.D.; and Emergency Management Specialists, Inc., a West Virginia corporation, No. 011635. Medical malpractice plaintiff presents four certified questions in a case alleging that medical negligence resulted in suicide.

Accept to Motion Docket

 

22. State of West Virginia v. Michael S. Clemons, No. 011638. Petitioner contends that the lower court erred in not giving him the opportunity to address the court before sentence was imposed at his final probation revocation hearing.

Refuse  3 - 2
[Starcher, J., Albright, J.]