October 5, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, October 5, 2005

1. Jeremy Bender, Travis T. Sturm, Jason Gregory & Jason Brooks v. Donald Ray Glendenning, Jr., & Webster Co. Board of Education, et al. - 050937 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of fourth-party defendant, Continental Casualty Company, on an insurance coverage issue. - Grant 5 - 0.

2. Jeremy Bender, Travis T. Sturm, Jason Gregory & Jason Brooks v. Donald Ray Glendenning,
Jr. & Webster Co. Board of Education, et al. - 050938 - Plaintiff Bender appeals from the circuit court's order awarding summary judgment in favor of fourth-party defendant, Continental Casualty Company, on an insurance coverage issue. - Grant 5 - 0.

3. State of. W. Va. v. Robert Bradley Joseph - 050894 - Defendant appeals from his first degree murder conviction with a recommendation of mercy after his retrial following this Court's reversal and remand of his prior conviction in State v. Joseph, 214 W.Va. 525, 590 S.E.2d 718 (2003). - Deferred.

4. Mayflower Vehicle Systems, Inc. v. Samuel R. Lewis, Vincente E. Cheeks, and The West Virginia Human Rights Commission - 050895 - Petitioner appeals from the circuit court's order affirming the decision of the Human Rights Commission in this discrimination action. - Grant 4 - 1, Starcher.

5. Donnita DeBerry, individually and as guardian of Quanite DeBerry and Michael Shephard v. Robin Michelle Lambert - 051112 - Plaintiffs in a personal injury action appeal from an adverse jury verdict and the circuit court's denial of their post-trial motions. - Refuse 3 - 2, Albright & Starcher.

6. Edson R. Arneault v. Margaret Beth Arneault - 051087 - Petitioner wife appeals from the circuit court's order affirming the final order of the family court in this divorce proceeding. - Grant 4 - 1, Maynard.

7. Stanley Marshall Ellison & Kay Dearing Ellison v. William R. Wooton & John D.Wooton, as The Wooton Law Firm, and Colleen C. McCullough - 051210 - This case involves a claim for money damages due to allegations of legal malpractice and conversion of a special deposit by the Wooton Law Firm. The court dismissed the case pursuant to W.V.R.Civ.P. 12(b)(6) as being time barred. - Refuse 5 - 0.

8. Jerry Lee Hess, Jr. v. Howard Painter, Warden - 051040 - Petitioner appeals the denial of his omnibus petition for a writ of habeas corpus. He was previously convicted of first degree murder without a recommendation of mercy. - Continued to November 15.