Supreme Court of Appeals of West Virginia

Motion Docket 
              Wednesday, September 12, 2007
 

1.  Marvin Tyler v. Howard Painter, Warden - 070488 - Marvin Tyler appeals the denial of his omnibus petition for habeas corpus. He was previously convicted of first degree murder with a recommendation of mercy. - Refuse 3 - 2,  Starcher & Albright.

2.  State of W. Va. v. Zachary Ryan Crouch - 063352 - Zachary Ryan Crouch appeals the circuit court's order requiring him to register as a sex offender. - Refuse 4 - 1,  Albright.

3.  Elizabeth A. Sedlock & Jason Banish v. Marshal Ann Felton, et al. - 070854 - This is a petition on a Rule 54 Appeal of an Order entered on October 24, 2006. The Harrison County Circuit Court granted a motion to dismiss the real estate agent, the real estate agency and the broker and made such immediately appealable under Rule 54(b) of the West Virginia Rules of Civil Procedure. The civil action remains presently pending against the Romanos, who have a motion to dismiss the pending action in the Harrison County Circuit Court. - Grant 5 - 0.

4.  Robert Macek & Lawrence Macek, Co-Exe. of the Estate of Phyllis Macek v. Carl R. Jones, D.O. & Weirton Medical Center - 070869 - Petitioners appeal from the Brooke County Circuit Court's Order denying Post-Trial Relief. Petitioners had argued that it was error for the Court not to strike two jurors. After a six day trial, a jury returned a unanimous verdict in favor of the respondents.  - Grant  3 - 2,  Maynard & Benjamin.

5.  Vanessa Jean Pruitt, Admx. of the Estate of Charles E. Fruitt, et al. v. WV Department of Public Safety, C. E. Kane, et al. - 070990 - Plaintiffs appeal the circuit court's order granting summary judgment in favor of one defendant, the WV Department of Public Safety. - Grant 5 - 0.

6.  St. Luke’s United Methodist Church, Mary Maxine Welch, Jay-Bee Production Co. v. CNG Development Co., et al. - 070929 - Plaintiff Welch brings this interlocutory appeal from the circuit court's order granting defendant's motion to dismiss plaintiff's partial rescission claim arising out of an oil and gas lease. The circuit court has entered a stay below pending plaintiff's petition for an interlocutory appeal. - Grant 5 - 0.

7.  Randall P. Stump, Sr. v. Pilgrims Pride Corp. & Jeffrey Dearing - 070994 - Defendants Pilgrim's Pride and Jeffrey Dearing appeal from an adverse jury verdict and the denial of their motions in a case where plaintiff Randall P. Stump, Sr. asserts employment discrimination. - Refuse  3 - 2,  Maynard & Benjamin.

8.  State of W. Va. v. Jennifer M. Ballard - 071333 - Defendant appeals from the circuit court's sentencing order following her guilty plea to forgery of a credit card. Defendant seeks a reversal of her sentence and the opportunity for probation. - Refuse 4 - 1,  Starcher.

9.  Stephen V. Vennis v. William S. Haines, Warden - 071467 - Stephen B. Vennis appeals the circuit court's order denying his omnibus petition for habeas corpus. - Refuse 5 - 0.

10.  William L. & Harrolyn B. Groves v. Roy G. Hildreth & Son, Inc., Roy G. Hildredth, Jr., Nitro ENergy, Inc., BNG Productin, et al. - 071601 - Petitioners appeal the Circuit Court's Order granting Default Judgment in the amount of $740,000 in favor of the respondents for an alleged tortious conversion of mineral rights from the respondents' property. Petitioner, Nitro Energy, Inc., asserts that the lower court abused its discretion in failing to set aside the Default Judgment in light of the facts of the case. - Grant  3 - 2,  Davis & Starcher.

11. State of W. Va. v. Joshua C. Wears - 071602 - Petitioner seeks a reversal of the Trial Court's denial of his pretrial motion to present testimony of the alleged victim's sexual relationship with another perpetrator and seeks a reversal of the Court's sentencing order crediting him with 216 days of time served. - Grant 5 - 0.

12. State of W. Va. v. Dreu Ferguson, Jr. - 071358 Defendant was convicted of voluntary manslaughter following a jury trial. Defendant seeks a reversal and a new trial in which he would be allowed to present evidence of his mental condition. - Grant  3 - 2,  Maynard & Davis.

 

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