September 10, 2008 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, September 10, 2008

IMPORTANT NOTE: The September 10 Motion Docket was cancelled, and all cases have been rescheduled. Please pay careful attention to the new dates. For additional information, refer to the September 9, 2008 and September 11, 2008 press releases.

1. James R. "Sonny" Griffith v. Barbour County Board of Education - 080338 - Petitioner appeals from the circuit court's final order granting summary judgment in favor of the Barbour County Board of Education. Petitioner raises various procedural errors below, as well as constitutional arguments. - Rescheduled to September 23, 2008. Oral presentation waived.

2. State of WV v. Dennis Gale Hubbard - 080642 - Defendant appeals from his conviction of second degree murder and his sentence of 40 years in the penitentiary. Defendant alleges prosecutorial misconduct, insufficiency of evidence to convict, and the failure of the circuit court to fully instruct the jury on the State's burden. Defendant seeks either a reversal of his conviction or a remand for a new trial. - Rescheduled to September 23, 2008.

3. Carl Wayne Baughan v. Greater Huntington Park & Recreation Dist. and Ingram Barge Co., et al. - 080752 - The barge line defendants appeal from the circuit court's order finding that they did not hold out their real or personal property for recreational use and, therefore, West Virginia Code §19-25-2, et seq. (West Virginia Recreational Immunity Statute), does not shield them from liability. The circuit court found that there was no genuine issue as to any material fact on that issue; that the barge line defendants would not be entitled to assert the recreational immunity statute as a defense; and, that a final judgment was entered on that issue pursuant to Rule 54(b) thereby making the ruling a final and appealable order. - Rescheduled to September 23, 2008.

4. State of WV v. Eric M. Taylor - 080849 - Petitioner, Eric M. Taylor, appeals his convictions on one count of third offense domestic battery and one count of battery. Petitioner was sentenced to a term of one to five years in the state penitentiary consecutive to a term of twelve months in the Southern Regional Jail. - Rescheduled to September 23, 2008.

5. Roundtree R. Goodman v. Thomas McBride, Warden - 080632 - Petitioner appeals from the circuit court’s order denying, in part, his petition for habeas relief concerning the treatment he receives for his mental illness. Petitioner alleges cruel and unusual punishment by medical neglect and a denial of his fundamental constitutional rights. - Rescheduled to September 23, 2008.

6. State of WV v. David Eugene Moore - 080726 - David Eugene Moore appeals the circuit court's denial of his Motion for Reduction of Sentence. The court found that petitioner waived the right to move for reconsideration of sentence as part of his plea agreement, and that the motion for reconsideration was filed beyond the 120 day limit of Rule 35. - Rescheduled to September 24, 2008.

7. Sharon G. Noble v. WV Dept. of Transportation, Div. of Motor Vehicles - 080754 - The DMV appeals the circuit court's order which reversed the DMV's final order revoking Sharon G. Noble's driver's license for six months for DUI. The DMV argues that the circuit court erred when holding that Ms. Noble had been arrested pursuant to a municipal DUI ordinance and that the DMV had failed to ascertain, or even needed to ascertain, whether the municipal ordinance has the same elements as W.Va. Code § 17C-5-2. - Rescheduled to September 23, 2008.

8. Chad R. Clower v. WV Dept. of Transportation, Div. of Motor Vehicles - 080780 - The DMV appeals the circuit court's order which reversed the DMV's final order revoking Chad R. Clower's driver's license for six months for DUI. The court found that the arresting trooper lacked the requisite reasonable suspicion to initially stop Mr. Clower's vehicle, but the DMV argues that the exclusionary rule should not be applied to administrative driver's license revocation proceedings. - Rescheduled to September 23, 2008.

9. State of WV v. Michelle Michael - 080767 - Michelle Michael appeals her conviction for First Degree Murder with a recommendation of mercy and First Degree Arson, and the court's denial of her various motions. She asserts the court erred in excluding her evidence that the drug which caused the victim's death could be purchased over the Internet without a prescription; and that the State suppressed material, exculpatory evidence of the identity of the caller who told police to check for the presence of this drug. - Rescheduled to September 23, 2008.