September 1, 2004 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, September 1, 2004

1. WVHRC; and Beverly L. Wattie, on behalf of Krystal Wattie, a minor v. Barbara Cobb, Petitioner - 040478 - Petitioner appeals from a final order of the West Virginia Human Rights Commission affirming the decision of the ALJ who found that petitioner, a white teacher, had engaged in a course of racially discriminatory conduct against an African American student. The ALJ awarded $500 in damages against petitioner citing the relative misconduct of the complainant. - Grant 5 - 0.

2. 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. - Continued to September 15.

3. State of W. Va. v. Bobby Lee Stotler - 040616 - Defendant appeals from his fleeing while DUI and recidivist convictions. Defendant received a life sentence. He raises evidentiary and sentencing errors. - Refuse 4-1, Starcher.

4. Tina Burch v. Paul Smarr, in his official capacity as Next Friend and Guardian of Zachary Boyce Smarr, an infant - 040771 - This case is appealed from a December 2, 2003 Circuit Court Order of Remand denying the petitioner of the custody of Zachary Boyce Smarr, which child the petitioner and her same-sex partner, Christina Smarr (the biological mother), jointly raised together since birth. Christina Smarr died on June 1, 2002. Petitioner seeks a reversal of the Court's decision. - Grant 3-2, Maynard & McGraw.

5. Ireland J. and Charlene Noel v. CIGNA Insurance Co., ACE USA, and The Virginia Insurance Reciprocal, et al. - 040721 - Plaintiffs appeal from an adverse summary judgment order regarding their claim that the defendant insurance company violated the West Virginia Unfair Trade Practices Act. - Refuse 4-1, McGraw.