3. State of W. Va. Child Support Enforcement  Div., et al. v. Edward Russell Prichard - 27625 - The WVDHHR Bureau of Child Support Enforcement appeals the Cabell County Circuit Court order dismissing a paternity action filed against Prichard on behalf of the State, claiming that the court erred in failing to appoint a guardian ad litem for the child and in dismissing the paternity action on the basis of laches, thereby bastardizing a child. To be presented on briefs only without oral argument.

4. Carlis G. Adkins v. Thelma Adkins -  27619 - Carlis Adkins appeals the circuit court order finding the agreed upon alimony amount to be contractual and not modifiable and ordering that in addition to the current monthly alimony, Mr. Adkins must pay an additional $100.00 per month toward the arrearage and also must pay $1,500.00 for Thelma Adkins' attorney fees.  To be presented on briefs only without oral argument.

5. H. John Rogers, et al. v. James M. Albert, Adm. Director, et al. - 27680 - This is a certified question case in which the petitioner, H. John Rogers, appeals from a summary judgment entered in the Circuit Court of Marshall County in favor of the respondent judicial officers. In so ruling, the Circuit Court rejected the petitioner's constitutional challenge to Rule 1(b) of the Administrative Rules for the Magistrate Courts of West Virginia. According to the petitioner, Rule 1(b) denies the right to post bail for petty misdemeanors and other criminal offenses because, pursuant to the Rule, individuals may be subjected to "extra-legal," over-night incarceration.  

Question Certified:

Is Rule 1(b), as amended, of the Administrative Rules for the Magistrate Courts of West Virginia constitutional ?

The Circuit Court answered the question in the affirmative.

6. Holly O. Bine, et al. v. David C. Owens, et al. -  27685 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendants. Plaintiffs seek a reversal of the circuit court's order and a remand of this action back to the circuit court.  Moved to earlier date. 

7. State of W. Va. v. Levi Sam Shaw -  27471 - Defendant appeals from his felony sentencing asserting that he was a good candidate for either probation or treatment as a youthful offender

8. Donna Drake Gandee v. Allstate Indemnity Co. -  27712 - Petitioner, Allstate, appeals the entry of summary judgment in a declaratory judgment action.

9. Verla Shaffer v. WV Department of Transportation, DOH -  27446 - The petitioner, Verla Shaffer, appeals from an order entered in the Circuit Court of Jackson County dismissing her complaint against the respondent, Division of Highways. The petitioner sought to compel eminent domain proceedings based upon her allegation that drainage ditches and culverts constructed by the respondent resulted in flood damage to the petitioner's property.

10. State Automobile Mutual Insurance Co. v. Alpha Engineering Services, Inc., et al. -  27713 - Defendant appeals from the circuit court's award of summary judgment in favor of plaintiff in this declaratory judgment action. The circuit court determined that the subject insurance policy clearly and unambiguously precluded coverage for the defense and indemnification of defendant. - Continued. 

11. State of W. Va. v. Lorenza Damon Valentine  - 27618 - The defendant appeals his conviction of voluntary manslaughter and sentence of 15 years based on a plea agreement with the State. On appeal, the defendant asserts that the circuit court failed to follow the requirements of Rule 11(e)(2), RCrP, by not informing the defendant that, if his plea was accepted but the sentencing recommendation was rejected, the defendant could not withdraw his plea. To be presented on briefs only without oral argument.

12. State of W. Va. v. Richard Lee Graham  - 27459 -The petitioner, Richard Lee Graham, appeals from his conviction in the Circuit Court of Mercer County of sexual abuse in the first degree. The petitioner, age 22, was convicted of sexually abusing an 11 year old girl after she exited a school bus

13. Martha Fay Settle v. James Woodrow Settle, Jr.  - 27683 - The petitioner, James W. Settle, Jr., appeals from an order entered in the Circuit Court of Fayette County ruling that the petitioner was not entitled to a retroactive credit ( to 1987 ) upon his monthly child support obligation - due to the children's' receipt of the petitioner's social security disability benefits. The Circuit Court and the Family Law Master determined that the petitioner was not entitled to the credit because the petitioner failed to meet the criteria set forth by this Court in Farley v. Farley, 412 S.E.2d 261 ( W.Va. - 1991) - To be presented on briefs only without oral argument.