Argument
Docket Tuesday, October 6, 2009
*Please note that case # 34619, number 10 on this docket will be called
immediately following the lunch break at 2:00 p.m.
Supreme Court of Appeals of West Virginia
Argument
Docket
Tuesday, October 6, 2009
*Please note that case # 34619, number 10 on this
docket will be called
immediately following the lunch break at 2:00 p.m.
1. Charleston Area Medical Center, Inc. v. State Tax Department of WV - 34710 - Petitioner taxpayer appeals from the circuit court's order affirming the administrative decision denying a petition for reassessment of additional Provider Tax and interest. - Justice McHugh disqualified. Judge Swope sitting by temporary assignment.
2. SER Corporation of Charles Town v. Hon. David H. Sanders, Judge - 35034 - Petitioner seeks a writ of prohibition to preclude the Circuit Court of Jefferson County from conducting further proceedings in Case No. 08-C-297 before dismissing with prejudice the petitioner as a party to the civil action. Petitioner argues immunities are provided to municipalities under WV Code §29-12A-5(a)(6) and §8-12-12.
3. SER State of WV v. Hon. Jack Alsop, Judge - 35035 - Petitioner, State of WV, seeks issuance of a writ of prohibition stating the circuit court exceeded it legitimate power when ordering the disclosure of the names and addresses of confidential informants in the State's discovery response.
4. State of WV v. Richard "Ricky" Booth - 34711 - Richard Booth appeals the 80 year sentence he received for his conviction upon guilty plea to First Degree Robbery.
5. State of WV v. Charles M. Biehl - 34701 - Defendant appeals from his conviction of first degree murder without mercy. He was sentenced to life without the possibility of parole. Defendant challenges the verdict on the sufficiency of the evidence and alleges error relating to jury instructions and the use of Rule 404(b) evidence.
6. State of WV v. Spicy Jean Allen aka Spicy Carter - 34718 - Petitioner appeals the Mercer County Circuit Court's Order which denied Petitioner's Motion for Correction of Sentence and adjudged her guilty of Attempt to Commit a Felony. On appeal, Petitioner requests that this Court release her from imprisonment due to the fact that she has already served the statutory sentence for the crime.
7. Ernie L. Bowers v. WVOIC and Lightning Contract Service, Inc. - 35036 - To be presented on briefs only without oral argument.
Darrell W. Dotson v. WVOIC and Meadow River Coal Company - 34672 - At issue is 85 C.S.R. 20.12.2a, which requires that, in order to be compensable, a diagnosis of depression must be made within six months of the compensable injury.
8. Jenny S. Williby v. WVOIC and First Century Bank - 34455 - The claimant appeals a decision by the Board of Review that reversed a decision finding her shoulder injury compensable. At issue is whether an injury that occurs during an of-site lunch break was during the course of employment.
9. Robert H. Casdorph, Jr. v. WVOIC and WV State Police - 34473 - The claimant appeals a decision by the Board of Review that reversed a decision holding the claim compensable for chronic myelogenous leukemia due to workplace exposure to benzene. At issue is whether the evidence presented was sufficient to demonstrate a connection between the exposure and the disease.
*10. Michelle Jones v. Edward R. Setser, M.D., et al. - 34619 - Plaintiff appeals from the circuit court's order denying her motion to set aside the verdict and her motion for sanctions in this action alleging medical malpractice. Plaintiff asserts that defense counsel intentionally prejudiced the jury during closing argument. Plaintiff seeks a reversal of the circuit court's order denying her motion to set aside the verdict and for sanctions. - THIS CASE WILL BE CALLED FOR ARGUMENT AT 2 PM. Justice Ketchum disqualified. Judge Gaughan sitting by temporary assignment.
The briefs and other filings are provided in PDF format.
Download free Reader 