| 1. |
Gretchen E. Pyles No. 992369
Grant 3-1 |
Occidental Chemical Corporation's Motion to Strike Portions of the Appendix to the Petition in Harry Campbell v. W.C.D. and Occidental Chemical Corp., No. 992369. Occidental seeks to strike an x-ray report from Dr. Alva Deardorff dated May 10, 1995 and a report from Dr. James Beckner dated May 23, 1995. It is stated that these reports, which provide medical opinions regarding the ultimate issue of the cause of disability, were not introduced below. |
| 2. |
Anita R. Casey No. 992655 Refuse 4-0 |
Petition for a Writ of Prohibition in SER Radiological Consultants Association, Inc. v. The Honorable Thomas A. Bedell, No. 992655. Radiological Consultants seeks to prohibit enforcement of a September 10, 1999 Order requiring William L. Hirsch, M.D. to fully and completely respond to questions propounded in deposition by plaintiff's counsel regarding a radiology report authored on or about October 31, 1996, verified November 1, 1996, and specifically requiring Dr. Hirsch to give a full and complete explanation of the codes and initials thereon. Petitioners contend that the notations were made solely for peer review purposes in part as required by United Hospital Center medical staff by-laws and are not subject to discovery. The lower court order found that Radiological Consultants is not a peer review organization as defined by W.Va. Code § 30-36-1; there was no evidence of any peer review beyond Radiological Consultants; the entries were not made for peer review purposes, there was no peer review conducted and all contemporaneous entries in a patient's medical records are subject to discovery. |
| 3. |
Steven T. Cook Nos. 992487 and 992488
Grant 4-0 |
Jessie Davis' Motion to Consolidate Petitions for Appeal in State v. Jessie Davis, No. 992488 and Jesse Davis v. George Trent, No. 992487. |
| 4. |
Brent E. Beveridge No. 992508
Grant Mandamus |
Petition for a Writ of Prohibition or Alternatively a Writ of Mandamus in SER Leartha Wells v. The Honorable Robert B. Stone, No. 992508. Motions for Summary Judgment, Motions to Dismiss and Motion for Leave to Amend all pending more than one year. |
| 5. |
Paula M. Cunningham No. 992598
Refuse Without Prejudice To
Proceed Under Rule 17 |
Petition for Writ of Prohibition in SER Paula M. Cunningham, Prosecuting Attorney v. The Honorable Danny Oakes Cline, No. 992598. The State contends that Judge Cline is disqualified under Canon 3.E of the Code of Judicial Conduct in that Judge Cline had retained the defendant's law firm to personally represent him. Judge Cline found that the recusal motion was not filed timely. |
| 6. |
William L. Mundy No. 991993 Refuse 4-0 |
Appellee, American Hospital for Rehabilitation's Motion to Supplement Designation of the Record in Morris Cunningham, Adm. v. American Hospital for Rehabilitation, No. 991993. Appellee states that it needed a transcript of the February 19, 1999 hearing in order to adequately designate the record. The transcript was not prepared until August, 1999. |
| 7. |
David A. Downes
Refuse 4-0 |
Defendant's Motion for Bail Pending Appeal and Motion for Postponing Execution of Sentence in State v. Danny Lee Blankenship, Jr.. Defendant states that he has several meritorious grounds for reversal of his conviction of obtaining money by false pretenses. He was sentenced to one to ten years. Defendant argues that he was not convicted of a crime of violence; that he was gainfully employed prior to incarceration, he has a wife and two infant children in Princeton; he has lived in W.Va. all his life; he has appeared for all court obligations, and prior to having his bond revoked when he was sentenced, he was on a $15,000 property bond. |
| 8. |
Herbert G. Underwood No. 992573 Refuse 4-0 |
Motion to Supplement Previously Filed Petition for Writ of Prohibition And/Or Appeal from Denial of a Writ of Prohibition in SER Nicole Armstrong Stire v. The Honorable Thomas A. Bedell, No. 992573. Provides update of events. |
| 9. |
Herbert G. Underwood No. 992573 Refuse 4-0 |
Petition for Writ of Prohibition or Appeal from Refusal of a Petition for a Writ of Prohibition in SER Nicole A. S. v. The Honorable Thomas A. Bedell, No. 992573. This matter arises out of family violence protective proceedings. |
| 10. |
Todd A. Mount No. 26195 Grant 4-0 |
Motion to Supplement Appendix in State v. Rygh, No. 26195 submitted on October 6, 1999. |