September 15, 2004 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, September 15, 2004

1. McCabe-Henley Properties, LP v. Lewis County Commission and the Lewis County Convention and Visitors Bureau - 040397 - Withdrawn 8/24/04.

2. Willard Lambert, Distributee& Legacy of Estate of Grover Wesley Franklin v. Deborah Brooks, et al., Co-Executrices of Estate of Grover Wesley Franklin - 040859 - Petitioner files an appeal following the dismissal of the complaint for failure of a Fiduciary Commissioner to provide a 10 day notification to heirs of the existence of a final settlement, to determine the meaning of "nephew" as an heir under a will, and to determine whether executrices of an estate violated their fiduciary duties to heirs by making disproportionate distributions to themselves. The Court determined that the petitioners did not have standing and that the respondent did not violate any fiduciary duty. - Refuse 3-2, Maynard & McGraw.

3. In Re the Marriage of: Dewey L. Wilfong v. Carol S. Wilfong - 040666 - The husband in a divorce action petitions for appeal from the circuit court’s order. The issues involve classification of certain property as marital assets rather than separate property, marital property valuation, equitable distribution, spousal support, and the award of attorney’s fees. - Deferred.

4. In Re the Marriage of: Dewey L. Wilfong v. Carol S. Wilfong - 040661 - The wife in a divorce action petitions for appeal from certain portions of the circuit court’s order, which reversed the family court. The issues involve valuation of a marital corporation and other certain marital property, as well as equitable distribution. - Deferred.

5. SER Jackie Dane Terry v. Lee Fredrick Warden - 040898 - Petitioner appeals from the circuit court's order denying his request for habeas relief following his conviction for second degree murder. - Refuse 3-2, Starcher & Albright.

6. Sharon Kay Marcus, individually & Guardian of Tonya Lynn Marcus; John William Marcus individually and Christy Michele Marcus Page v. Roger A. Holley, individually & agent of Winans Supply Co., Inc., et al. - 040985 - Petitioner appeals from the circuit court's order granting summary judgment in a case stemming from a motor vehicle collision. - Grant 3-2, Davis & Maynard.

7. State of W. Va. v. Beverly Carson - 040611 - Petitioner appeals from her conviction of Second Degree Murder. On appeal, she seeks reversal and a new trial. - Refuse 5 - 0.

8. John Shannon & Jean Ann Shannon v. Shane M. Shamblin & Robert Harrison - 041046 - This is a suit against two Putnam County Sheriff's deputies for abuse of process and alleged brutality. Petitioner files an appeal from the circuit court's order dismissing the deputies from the suit. - Refuse 3-2, Starcher & Albright.

9. State of W. Va. v. Orlando Twyman - 041128 - Petitioner entered into a guilty plea to crimes of Robbery in the First Degree, Malicious Assault, Assault During Commission of a Felony, Nighttime Burglary, Grand Larceny, Petit Larceny and Conspiracy, all charges arising from the same set of facts. He was sentenced to forty (40) years of First Degree Robbery with the other charges suspended or ordered to run concurrently. Petitioner filed a motion for reduction of sentence, which was denied. Petitioner files a direct appeal from the circuit court's order in an attempt to have his plea of guilty set aside . - Refuse 3-2, Starcher & Albright.

10. State of W. Va. v. James F. Tawney - 041093 - Petitioner appeals his conviction for driving under the combined influence of alcohol and a controlled substance, third offense. - Refuse 4-1, Starcher.