September 1, 1999 Argument Docket

1.	Lawyer Disciplinary Board v. Geary M. Battistelli - 23938 - No Summary Available.
2.	Lawyer Disciplinary Board v. Randall L. Veneri -24221 -Lawyer Disciplinary proceeding stemming from Veneri's representation of Gary Montgomery in a divorce proceeding filed in 1990 in Mercer County by Michele (Montgomery) DeVane.
3.	P. David Boyer, et al. v. Thomas R. Fitzgerald, et al. - 25836 - Plaintiffs, the purchasers of a home, appeal the entry of summary judgment for the home inspector in a matter alleging damages resulting from a negligent inspection which failed to reveal structural damage to cinder block walls in the basement of the home.
4.	SER Ernie Chafin v, Hon. Jay M. Hoke, Judge, et al. - 25974 - Petition for Writ of Mandamus compelling Jude Hoke to issue a final decision in an administrative appeal filed by Chafin. The case was allegedly submitted for decision on 6/89/97.
5.	~~SER Consolidation Coal Co. v. Hon. Russell M. Clawges, Jr.~~- 25976 Petition for Writ of Mandamus and/or Prohibition in SER Consolidation Coal Co. v. Clawges, Jr. et al., No. 991012. The petition asserts that the circuit court should be compelled to reinstate its judgment in accordance with this Court's mandate in Consolidation Coal Co. v. Boston Old Colony Ins. Co., 203 W. Va. 385, 508 S.E.2d 102 (1998) (Maynard, J.) or, in the alternative, should be prohibited from enforcing its order setting aside the previously entered judgment complying with this Court's mandate. Continued - 10/5/99
6.	SER Terry Haynes v. West Virginia Parole Board - 26006 - Petitioner seeks a writ of habeas corpus based on his claim that W. Va. Code Section 62-12-13(a)(5) is in violation of the ex post facto clauses of the state and federal constitutions.
7.	SER Carl Burgreen v. Hon. Thomas A. Bedell, Judge, et al. - 26118 - Burgreen files a writ of prohibition seeking to postpone a 6/7/99 trial date. - Dismissed
8.	University of West Virginia Board of Trustees, etc. v. Thomas A. Aglinsky - 25895 - Claimant appeals lower court order reversing the West Virginia Bureau of Employment Programs, Board of Review and Deputy Commissioner decisions and finding that the claimant was disqualified from benefits for gross misconduct. - Submit on Briefs
9.	SER Lucretia Chatten v. Hon. Kendrick King, Judge - 26199 - No summary available. - Dismissed
10.	SER Bobby J. Ball, et al. v. Hon. John L. Cummings, et al. - 26200 - Petitioners seek a writ of mandamus compelling Judge Cummings to enter an order allowing them to intervene in an enforcement action brought by the WV DEP in Cabell County Circuit Court.
11.	SER PSC of West Virginia v. City of Milton - 26201 - The PSC files a writ of mandamus, seeking to compel the City of Milton to file information showing that the City has provided proper notice of an increase in water rates and charges to its customers. - Dismissed
12.	SER Jeffrey Wright v. Hon. Danny O. Cline, Judge -26365 - Petitioner seeks a writ of mandamus compelling Judge Cline to rule on his motion for correction of sentence, filed 4/1/97. Dismissed
13.	SER David Evans v. Mary Margaret Rinehart, Circuit Clerk - 26366 - Evans seeks a writ of mandamus compelling the Mineral County Circuit Clerk to provide him a copy of transcripts and additional records in case no. 92-F-23. Evans states that in 1994, circuit judge granted his request for these documents and circuit clerk has refused to comply. - Dismissed
14.	SER Mark L. Lively v. Hon. Robert A. Waters, Judge - 26367 - Lively seeks a writ of mandamus compelling the Wood County Circuit Court to hear or rule on his petition for writ of habeas corpus. - Dismissed
15.	SER James Bailey v. Paul W. Kirby, Comm'r - 26116 - Bailey seeks to be transferred from the Central Regional Jail to state prison. - Dismissed
16.	SER Theresa Burns v. William E. Viewig, Comm'r -26424 - The petition seeks to have an order entered concerning a petition for reopening filed on 5/21/98 and an evaluation performed 2/15/99. - Dismissed
17.	SER William C. Forbes, Pros. Atty. v. Hon. Paul Zakaib, Judge, et al. - 26421 - The petition seeks to prohibit the circuit court from proceeding with evidentiary hearings upon an amended petition for the appointment of a special prosecutor. The petition seeks: 1) dissolution of disqualification injunction; 2) dismissal of Sheriff's petition as facially insufficient; and 3) transfer to judge supervising grand jury. - Dismissed as Moot on 9/23/99
18.	SER Jan A. Creasey v. Hon. A. Andrew MacQueen, III, Judge - 26427 - Creasey seeks a writ of mandamus compelling Judge MacQueen to rule on South Charleston Stamping and Manufacturing's petition for appeal from a final order entered by the WV Human Rights Commission. The commission found in favor of the Complainant, Mr. Jan Creasey. - Dismissed
19.	SER Mary Ann Johnson v. Hon. Robert B. Stone, Judge - 26428 - Johnson seeks a writ of mandamus compelling Judge Robert Stone in Monongalia County to rule in a boundary dispute matter. - Submit on Briefs
20.	SER Stanley M. Myers v. Hon. David H. Sanders, Judge - 26425 - The petition seeks to prohibit the unsealing of a pre-sentence evaluation report and deposition requiring articulation of basis for invoking the 5th amendment. Stay for certain deposition questions granted 6/23/99.
21.	Lawyer Disciplinary Board v. Cecelia G. Jarrell - 24009 - The Office of Disciplinary Counsel and Cecelia Jarrell present an agreed disposition of admonishment regarding Jarrell's ethics complaint for the Court's approval.
22.	SER Dollie Huffman, Admx. v. Hon Booker T. Stephens, Judge, et al. - 26422 - The petition seeks to prohibit the transfer of the underlying case from McDowell to Mercer County because of an alleged erroneous venue decision.
23.	SER William R. Matney v. Hon. Kendrick King, Judge - 26434 - Matney files a writ of mandamus seeking to obtain an order regarding his Motion for Default Judgment which he filed on 1/7/97, and Motion for Summary Judgment which he filed on 7/29/98. - Submit on Briefs
24.	SER Catherine Christian v. Hon. Kenrick King, Judge - 26435 - Christian files this writ of mandamus seeking to compel Judge King to enter a Final Divorce Decree. - Submit on Briefs
25.	SER WV Dept of H & HR v. Hon. Rodney Merrifield, Judge - 26517 - No summary available.- Submit on Briefs