September 21, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, September 21, 2005

1. Donald N. Davey & Nellie J. Davey v. Estate of William H. Haggerty, et al. - 050696 - Petitioner files a direct appeal from the circuit court's order which granted Summary Judgment to the defendants in their declaratory judgment suit. The court ruled that the petitioners were barred by the six month statute of limitations for bringing suit to impeach a Will, and by the two year statute of limitations for fraud, because both had expired. - Grant 5 - 0.

2. Daniel J. David v. F. Douglas Stump, Comm’r, WV Division of Motor Vehicles - 050712 - Petitioner appeals from the circuit court's order denying his petition for a writ of prohibition and mandamus and his application for a stay following the Division of Motor Vehicle's continuance of a license revocation hearing at the request of the arresting officer. - Grant 3 - 2, Davis & Maynard.

3. Barbara Baldwin, et al. v. Quetta Muzzle, Acting Comm’r, WV Bureau of Employment Programs, et al. and Verizon ServicesCorporation - 050599 - Verizon Services Corporation appeals the circuit court's order which reversed the decision of the Board of Employment Programs' Board of Review. The circuit court found that 42 former Verizon employees left their employment voluntarily but with good cause involving fault on the part of the employer, thus they are entitled to unemployment compensation benefits. - Refuse 4 - 1, Davis.

4. State of W. Va. v. Roger L. Poff - 050720 - Petitioner appeals his conviction for negligent homicide. - Refuse 5 - 0.

5. Mingo County Public Service District v. Public Services Commission of West Virginia - 051202 - Mingo County Public Service District appeals a PSC order requiring imposition of a surcharge of $5.20 per customer per month. - Withdrawn.

6. SER Todd Gosnell & Chad Ritter v. Hon. Sandra Miller, Berkeley Co. Magistrate - 050818 - Petitioners appeal the circuit court's orders denying their petitions for writ of prohibition and/or mandamus against a magistrate. Petitioners assert that the magistrate improperly quashed their subpoenas duces tecum for information related to Intoxilyzer 5000 accuracy inspections in violation of State v. Dilliner. - Withdrawn.

7. State of W. Va. v. Ryan Michael Nenigar - 050784 - Petitioner appeals his convictions for first degree murder without a recommendation of mercy and conspiracy to commit murder. Refuse 3 - 2, Starcher & Albright.

8. State of W. Va. v. Earl Ray McCoy, Jr. - 051028 - Petitioner appeals his conviction for first degree murder with mercy. Petitioner requests this Court to reverse the decision below and remand the case for a new trial. - Grant 5 - 0.