October 9, 2003
. Plaintiffs appeal from the circuit court’s award of summary judgment in favor of defendants in this declaratory judgment action to determine the proper board of directors of defendant, West Virginia Parks Sales and Management Corporation.1. William J. M. Polan and Charles E. Polan v. West Virginia Industrial Parks Sales and Management Corporation, Mary Pennypaker, Benjamin Polan, Chase Polan, Michael Polan, Robert Shane Polan, Nancy M. Polan Trust, Thomas Bell, Alice Polan Voitelle, and Robert Waters - No. 030982
Refuse 4-1
[ Albright, J. ]
2. Aurora D. Walker, Tera L. Rhodes, Malvin C. Ross, Janet T. Ross, Terry E. Cox, Patricia Ann Smith, and a class of persons similar situated v. Raleigh General Hospital - No. 031013. Plaintiffs appeal the circuit court’s award of summary judgment in favor of the defendant hospital in this action alleging violations of the West Virginia Consumer Credit and Protection Act.
Refuse 4-1
[ Starcher, C. J. ]
3. State of West Virginia v. David Junior Boggs - No. 031014. Defendant appeals following his guilty plea to first degree robbery. The circuit court imposed a sentence of 99 years with a credit of 517 days served. Defendant asserts that he should have been appointed new counsel and that the record does not reflect that he was properly advised as to the consequences of a plea of guilty to the charge of first degree robbery.
Accept To Motion Docket
Plaintiffs appeal from the circuit court’s order awarding summary judgment in favor of defendant, Travelers Indemnity Company of Illinois, and dismissing defendant, Hartford Accident and Indemnity Company. In this action, plaintiffs sought coverage from the defendant liability insurers for the cost of defense, settlement and/or judgment in two underlying liability actions. Plaintiffs seek a reversal and a reinstatement of its claims under the Hartford and Travelers policies.4. Philips Electronics North America and Philips Lighting Company, a division of Philips Electronics North America v. Nation Union Fire Insurance Company of Pittsburgh, Pa.; Royal Insurance Company; Hartford Accident and Indemnity Company, and The Travelers Indemnity Company of Illinois - No. 031016.
Grant 3-2
[Davis, J., Maynard, J.]
5. Tommy Rohrbaugh v. The State of West Virginia - No. 031037. The State appeals from the circuit court’s order granting to respondent, who is a convicted felon, the reinstatement of various civil rights, including the right to possess firearms. In doing so, the circuit court declared several West Virginia statutes unconstitutional and found that W.Va. Code §61-7-7, insofar as it prohibits a convicted felon from possessing a firearm, constitutes cruel and unusual punishment and violates the proportionality doctrine. The State seeks a reversal of the circuit court’s rulings. In the alternative, the State requests that a writ of prohibition issue which (1) prohibits the circuit court from restoring to respondent any civil rights to which he is not entitled by law, and (2) prohibits the circuit court from restoring or granting to respondent the right to possess any type of firearm under any circumstances.
Accept To Motion Docket
A juvenile seeks to overturn an adjudication that he committed malicious assault.6. Billy Atwell v. Jason H., an infant under the age of 18 - No. 031046.
Grant 3-2
[ Maynard, J., McGraw, J.]
7. James P. Duffield, II v. Sally A. Adams Duffield - No. 031051. Petitioner, the ex-wife in post-divorce litigation, appeals the circuit court’s decision to reverse three family court orders. Petitioner alleges the appeal of two of these orders to circuit court was untimely, that the circuit court improperly substituted its own judgment for that of the family court, and that one of the orders was set aside without a factual basis.
Refuse 5-0
8. Lisa Akers v. Cabell Huntington Hospital, Inc. - No. 031052. Plaintiff below appeals the circuit court’s granting of a directed verdict in favor of the defendant in a sexual harassment and reprisal case.
Grant 3-2
[ Davis, J., Maynard, J.]
9. Wilda Campbell v. Clifford, Mann & Swisher, L.C., et al. - No. 031054. Plaintiff below appeals the circuit court’s order granting summary judgment to the defendant law firm in a legal malpractice case. Plaintiff argues the circuit court erred by considering the untimely filed motion for summary judgment and by ruling that her case was not a breach of contract case but rather was a negligence case barred by the statute of limitations.
Accept To Motion Docket
10. State of West Virginia v. Jesse J. Dillsworth - No. 031056. Petitioner appeals the circuit court’s order denying a motion for reconsideration of sentence.
Refuse 5-0
Petitioner appeals the circuit court’s denial of his petition for a writ of habeas corpus. He asserts that he received the ineffective assistance of counsel at the trial for which he was convicted of felony incest, first degree sexual assault, first degree sexual abuse, and sexual abuse by a guardian.11. SER William D. Severn v. Thomas McBride, Warden - No. 031070.
Refuse 5-0
12. Melissa Pittsnogle and Jennifer Wasson v. West Virginia Department of Transportation - No. 031071. Plaintiffs below appeal the circuit court’s order which granted summary judgment to the defendant employer in a W.Va. Human Rights Act case. They assert the circuit court erred in determining as a matter of law that they had not proven that a disparate impact is caused by the defendant’s training policy. They also assert error in the court’s finding that "women with infant children" are not a protected class under the Human Rights Act.
Accept To Motion Docket
13. State of West Virginia v. Bradley E. Hacker - No. 031073. Petitioner appeals his convictions and sentences for felony murder without a recommendation of mercy, for which he was sentenced to life in prison, and for possession with intent to deliver marijuana, for which he was sentenced to one to five years.
Accept To Motion Docket
14. Gregory Murphy, et al. v. David A. Smith, et al. - No. 031079. Petitioners appeal the circuit court’s declaratory judgment order which found they could not stack the uninsured motorist coverages for their three covered vehicles.
Refuse 4-1
[ McGraw, J. ]
15. In Re: Larry M. - No. 031817. Petitioner appeals from his juvenile status offense case and the court’s order which placed him outside of his home.
Grant 3-2
[ Davis, J., Maynard, J.]
Petitioner (plaintiff below) appeals the circuit court’s entry of an adverse summary judgment. Petitioner asserts he was terminated from employment by respondents in violation of the handicap discrimination provisions of the WV Human Rights Act and in violation of the anti-discrimination provisions of the Workers’ Compensation Act.16. Ronald W. Smith v. Wampler Foods, Inc. - No. 031029.
Refuse 3 - 2
[ McGraw, J., Albright, J. ]
17. State of West Virginia v. Brian Joseph Maisey - No. 031080. Petitioner appeals from his conviction in Tyler County Circuit Court. The defendant was tried without a jury and convicted of carrying a concealed deadly weapon pursuant to Code §61-7-3(2000). On appeal, the petitioner seeks a remand with instructions to vacate the order and dismiss the case.
Grant 4 - 1
[McGraw, J. Would Refuse but Grant on Issue 3 ]
18. Dahn A. Blankenship v. Rose Marie Cochran - No. 031090. Petitioners seek to appeal the Order of the Circuit Court entered on 1/15/03, which incorporates an order entered on 4/30/02, declaring that plaintiffs must share the proceeds of timber portions with the defendant.
Refuse 5- 0
19. State of West Virginia v. James F. Harris - No. 031143. Petitioner appeals from a circuit court’s conviction where he pled guilty to two counts of felony incest in violation of Code § 61-8-12. The Court sentenced petitioner to a period of not less than five or more than 10 years to be served consecutively. On appeal, petitioner states that the Court erred in denying his motion to suppress his statements made while under the influence of prescription medications.
Accept To Motion Docket
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