September 30, 2004

1.  Robert D. Fortner, II v. Kanawha Stone Company, Inc., No. 041250. Defendant seeks this Court’s affirmation of the circuit court’s answers to certified questions in this action for trespass.

Grant 2-2
[ Maynard, C.J., Albright, J. ]
[ Davis, J. Disqualified ]

2.  Columbia Casualty Company v. Westfield Insurance Company, No. 041339. The United States Court of Appeals for the Fourth Circuit certifies a question to this Court arising out of a declaratory judgment action concerning insurance coverage.

Grant  5-0

3.  State of West Virginia ex rel. City of Charleston v. The Board of Public Works and the State Lottery Commission, No. 041447. Petitioners request that this Court docket a certified question and rule that there are no provisions in either the West Virginia Constitution, the West Virginia Code, or the acts of the Legislature, which require that the headquarters of the State Lottery Commission be physically situated within Charleston’s city limits.

Refuse  5-0

4.  State of West Virginia v. David Michael May, No. 041126. Defendant was convicted by a jury of three counts of delivery of a controlled substance. He seeks a reversal of his conviction alleging ineffective assistance of counsel and lack of an impartial judge at trial.

Accept To Motion Docket

5.  State of West Virginia v. David Lee Feamster, No. 041129. Defendant appeals from the circuit court’s order denying his motion to correct his sentence following the entry of an amended sentencing order extending defendant’s original term of probation from five years to a term of 10 years.

Accept To Motion Docket

6.  In the Interest of John Edward H, II, an infant, No. 041252. The circuit court certifies questions on the issue of proving abuse and neglect of an after-born child when there has been a previous involuntary termination of parental rights to a sibling.

Accept To Motion Docket

7.  Betty Olson v. Board of Education of the County of Kanawha, No. 041105. Petitioner appeals the circuit court’s order which affirmed the decision of the Grievance Board and upheld petitioner’s termination from her position as secretary for the respondent school board.

Refuse 3-2
[ McGraw,J., Albright, J. ]

8.  Kevin Barton v. Miller Transporters, Inc.; America’s Truck Wash; and Consolidated Truck Stop, Inc., No. 041104. The Mississippi Insurance Guaranty Association ("MIGA") appeals from the circuit court’s order denying MIGA’s motion to intervene and approving a settlement between the plaintiff and the defendant. MIGA asserts that it stood in the place of the defendant’s insolvent insurer, had the right to control the defense, and had not approved this settlement.

Refuse 3-2
[ Maynard, C. J., Davis, J. ]

9.  Steven W. Richards, Cortland Properties, Inc., Northplant Residential Construction, Inc., and Mid-Lake Properties, II, Inc. v. Robert June Harman, dba Harman Equipment Sales, No. 041106. Petitioner appeals from the circuit court’s order refusing to discharge a mechanic’s lien.

Grant  5-0

10.  State ex rel. Gregory C. Burdette v. Michael Coleman, Warden, No. 041107. Petitioner appeals from the denial of his omnibus petition for a writ of habeas corpus. He was previously convicted of first degree felony murder with a recommendation of mercy, kidnaping without a recommendation of mercy, six counts of forgery and six counts of uttering.

Accept To Motion Docket

11.  State of West Virginia v. Terri Singleton, No. 041068. Petitioner appeals her conviction for conspiracy to commit a felony, to wit, possession with intent to deliver marijuana. She asserts that her statement to police should have been excluded from evidence because it had been coerced and because her Miranda rights were violated.

Grant  5-0
Remand

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