Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, September 19, 2007
1. Bernard Boggs, Administrator v. Camden-Clark Memorial Hospital Corp. - 063408 - Defendant hospital appeals from an adverse jury verdict in this wrongful death action. Judgment was entered against defendant hospital in the amount of $4,834,380. - Refuse 3 - 2, Maynard & Benjamin.
2. Bernard Boggs, Administrator v. Camden-Clark Memorial Hospital Corp. - 070578 - Defendant hospital appeals from an adverse jury verdict in this wrongful death action. Judgment was entered against defendant hospital in the amount of $4,834,380. - Refuse 3 - 2, Maynard & Benjamin.
3. State of W. Va. v. Kyle Clark Hawkins - 070457 - Defendant appeals from his conviction for driving while intoxicated causing death following a jury trial. - Refuse 4 - 1, Albright.
4. State of W. Va. v. Mark Allen Wilson - 070892 - Defendant appeals his convictions for various sex crimes following a jury trial. - Refuse 4 - 1, Albright.
5. Richard C. Rashid, M.D. v. Muhib Tarakji, M.D. - 070444 - This civil action was involuntarily dismissed under Rule 41(b) for failure to pay a twenty dollar fee. Petitioner appeals by arguing that the case was dismissed without prior notice and without an opportunity to be heard as mandated by case law. - Grant 4 - 0, Davis disqualified, Benjamin disqualified, Egnor by assignment.
6. State of W. Va. v. Barbara A. Matheny - 071083 - Barbara A. Matheny appeals her conviction for Operating or Attempting to Operate a Clandestine Drug Laboratory.- Rescheduled to Jan. 8, 2008.
7. Johnny Ray Miller v. Thomas McBride, Warden - 071595 - Johnny Ray Miller appeals the circuit court's order denying him habeas corpus relief. Petitioner seeks to expand In the Matter of: Renewed Investigation of the State Police Crime Laboratory, Serology Division, 219 W.Va. 408, 633 S.E.2d 762 (2006), to include forensic evidence other than serological evidence – in his case, hair samples. - Refuse 4 - 1, Albright.
8. Michael Dennis v. W. Va. Parole Board and Benita F. Murphy, Chairperson - 071598 - Michael Dennis appeals the circuit court's order which dismissed his petition for declaratory judgment and mandamus. Petitioner seeks a declaration that the Parole Board has improperly failed to credit him with time served on a robbery sentence, and seeks a writ of mandamus ordering the Board to so credit him. - Rescheduled to Oct. 23.
9. Betty K. and Johnny L. Neely v. Belk Incorporated, Crown Americn Crossroads, LLC dba Crossroads Mall & Newport Tracing Co. - 071617 - Petitioners appeal the January 2, 2007, Order of the Raleigh County Circuit Court granting a Motion to Set Aside the Verdict and Award a New Trial pursuant to Rule 59 of the West Virginia Rules of Civil Procedure. The jury found that none of the defendants were negligent and did not find them liable for the plaintiffs' injuries. - Grant 3 - 2, Starcher & Albright.
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