September 13,
2007
1. State of West Virginia v. Alice Adams - No. 071621. Defendant was convicted of felony murder (with mercy) and daytime burglary. Defendant seeks a reversal of her convictions and a new trial based upon evidentiary error. - Refuse 4-1 (Starcher)
2. State of West Virginia v. Amy L. Hamilton - No. 071718. Defendant appeals seeking reversal of her sentencing following her guilty plea. - Refuse 4-1 (Starcher)
3. State of West Virginia v. Johnny Edward Gum - No. 071719. Defendant appeals his sentencing following his return from the Anthony Center. - Accept to Motion Docket
4. In Re: Flood Litigation - No. 071720. Plaintiffs appeal from the circuit court’s order dismissing their cases as failing to comply with Rules 8(a) and 11 of the West Virginia Rules of Civil Procedure after the circuit court denied plaintiffs’ discovery from defendants. This case involves the 2001 In Re: Flood Litigation relating to the Coal River Watershed, which is one of several watersheds. - Accept to Motion Docket
5. Elmer Kisner v. State of West Virginia - No. 071702. Petitioner appeals from the circuit court’s order denying his request for habeas relief. - Refuse 5- 0
6. State of West Virginia v. Kelly Joe Strahin - No. 071736. Defendant was convicted of injury to timber and conspiracy. He appeals and alleges various evidentiary, procedural, and trial errors. - Refuse 3-2 (Starcher, Albright)
7. Catherine M. Markonich v. Mary B. Niehaus and Teachers Insurance Company - No. 071857. Plaintiff, now deceased, appeals the circuit court’s award of summary judgment in favor of defendant insurance company on the issue of survivability. - Refuse 3-2 (Starcher, Albright)
8. State of West Virginia v. Helen Regina Webster - No. 071870. Defendant appeals her conviction of domestic battery following bench trial. She was sentenced to five (5) days in jail. Her sentence was suspended and she was placed on unsupervised probation for one (1) year under certain terms and conditions. - Refuse 5- 0
9. Raines Imports, Inc. d/b/a Lester Raines Honda v. American Honda Motor Company, Inc. - No. 071871. This is a petition for appeal from an Order of the Kanawha County Circuit Court entered March 26, 2007, granting American Honda Motor Company’s Motion for Summary Judgment. - Accept to Motion Docket
10. Weidlich and Associates, Inc. v. Larchwood Asset Management, Inc. and Samuel A. Agnew, III. - No. 071897. Petitioner appeals from a January 11, 2007, Order granting summary judgment in favor of the respondent on all issues. Petitioner filed a post-judgment reconsideration motion via Rule 60(b) of the West Virginia Rules of Civil Procedure on April 19, 2007. The Motion was denied on May 2, 2007. On appeal, petitioner seeks to enforce both written and oral agreements requiring the respondent to provide complete financial statements and disclosures and to seek the acceleration of the attendant promissory notes for full payment of the outstanding unsecured notes’ balance. - Accept to Motion Docket
11. State of West Virginia, ex rel Terry Humphrey v. Thomas McBride, Warden, - No. 071908. Petitioner appeals his denial of a writ of habeas corpus on constitutional grounds and seeks a reversal and remand to the Circuit Court for granting of the Writ and a new trial. - Refuse 4-1 (Starcher)
12. Mary Katherine Shaw (formerly Riley) v. Robert K. Riley - No. 071910. Petitioner, Robert K. Riley, seeks a reversal of the Circuit Court’s award of Judgment in the amount of $382,074.26 and the upholding of a Family Court Award of Equitable Distribution. - Refuse 5- 0
13. Mary Kathryn Shaw (formerly Riley) v. Robert K. Riley - No. 071911. This is a divorce action in which petitioner sought equitable distribution, spousal support, attorney’s fees and expert fees. Petitioner appeals the January 29, 2007, Order which affirmed the Final Divorce Decree of the Family Court of Marion County. - Refuse 5- 0
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