September 21, 2006

1.  General Motors Acceptance Corporation v. D.C. Wrecker Service and Kenneth Cox - No. 061667. Plaintiff appeals from the circuit court’s final order entered following a bench trial in this action for declaratory judgment and replevin to determine the extent and priority of liens on a 2002 pick-up truck.

Grant 3- 2
 [ Davis, C. J. , Starcher, J. ]

2.  State of West Virginia v. Brian Daniel Murray -No. 061687. Defendant appeals from his conviction for failure to render aid involving death and for failure to maintain control following a jury trial. He raises various trial errors.

Grant 3- 2
 [ Davis, C. J. , Maynard, J. ]

3.  Ercelle E. Price v. Glenn A. Wright, M.D.; and West Virginia University, University of West Virginia Board of Trustees - No. 061717. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendants in this action for negligence regarding defendants’ breach of their duty of confidentiality to plaintiff. 

4. Todd Lyle Stoops v. Elizabeth P. Reynolds, Interim Vice President for Human Resources, West Virginia University, in her official capacity, West Virginia University, Keith Huffman, Co-Acting Director of the West Virginia Public Employees Insurance Board, in his official capacity, and West Virginia Public Employees Insurance Board- No. 061718. Petitioner appeals from the circuit court’s order denying his petition for a writ of mandamus finding that petitioner had failed to show a clear right to the relief that he sought.

5.  State of West Virginia v. Salvatore Richard Turrisi - No. 061733. Defendant appeals from his breaking and entering conviction following a jury trial. He raises various evidentiary errors. 

6.  Jerome E. Burch, Levi Miller, Frank Fitzpatrick, Charles E. Thomas, Richard Fiedler, Robert F. Hurley, and John T. Mitchell v. NedPower Mount Storm, LLC and Shell WindEnergy, Inc. - No. 061744. Plaintiffs appeal from the circuit court’s final order dismissing on the pleadings this action brought by landowners to enjoin the construction of a wind turbine facility. The circuit court held that an order of the Public Service Commission approving the siting of the facility foreclosed an action for an injunction under the common law doctrine of nuisance. 

7.  August Eugene Phillips and Cheryl Phillips, his wife v. Larry’s Drive-In Pharmacy, Inc., a West Virginia corporation- No. 061511. The circuit court certifies a question asking whether pharmacies are “health care providers” as defined by W.Va. Code § 55-7B-2(c) [1986] of the Medical Professional Liability Act.

8.   Fayette Partners, LLC v. Clinton Lawson and Deanna Lawson- No. 061745. Tenants appeal the circuit court’s order granting partial summary judgment for the landlord in an eviction case.

Refuse 3- 2
 [ Starcher, J.  & Albright, J. ]

9.  State of West Virginia v. Eric Matthew Robinson - No. 061754. Eric Matthew Robinson appeals the revocation of his probation and the denial of his motion for reconsideration of sentence.

Refuse 5 - 0 

10.  The West Virginia University Board of Governors, The Staff Council of West Virginia University, Terry Nebel, and Charles L. Miller, Jr. V. The West Virginia Higher Education Policy Commission - No. 061719. The WVU Board of Governors, et al., appeal the circuit court’s summary judgment order in a declaratory judgment action. The court held that the W.Va. Higher Education Policy Commission has the authority to require all higher education classified employees to be paid at or above the “zero step” for their paygrade on the salary schedule set forth in W.Va. Code § 18B-9-3.

11.  State of West Virginia v. Matthew R. Smith - No. 061797. Matthew R. Smith appeals the revocation of his probation.

Refuse 5 - 0 

12.  State of West Virginia v. James Johnson - No. 061804. James Johnson appeals his conviction for felony delivery of a schedule 1 controlled substance, to-wit, marijuana.

Refuse 5 - 0 

13.  Stephen W. VanBuren and A. Lory VanBuren v. Mark A. Hinkle d/b/a H & H Developers, LLC- No. 061849. A building contractor appeals the circuit court’s order denying a motion to set aside an arbitration award.

Refuse 5 - 0 

14.  Cheryl Nelson v. Pocahontas Board of Education - No. 061850. The Petitioner Pocahontas County Board of Education appeals the Circuit Court’s order which reversed the order of the Education and State Employees Grievance Board. The court found that the petitioner violated the pay uniformity statute by not prorating a salary bonus back to the date respondent teacher Cheryl Nelson attained a national certification.

Refuse 5 - 0 

15.  State of West Virginia v. John W. Harris - No. 061877. Petitioner John W. Harris, who was convicted of misdemeanor battery, appeals the portion of his sentencing order which requires him to register as a sexual offender. 

Refuse 5 - 0 

16.  Eric Jason Brooks v. Greenbrier Valley Medical Center - No. 061878. Petitioner appeals from a jury verdict in favor of the defendant-hospital on August 29, 2005. After trial, petitioner timely filed a Motion to Set Aside the Jury Verdict and Award the plaintiff a New Trial. The circuit court denied the motions on January 30, 2006.

17. Timothy Wayne Canady v. West Virginia Department of Tax & Revenue - No. 061880. Petitioner appeals the Order of the Circuit Court of Kanawha County granting a Motion to Dismiss. Petitioner initially appealed an assessment by the West Virginia Department of Tax and Revenue on due process grounds. The Court remanded the matter to the ALJ for a thorough review of the issue. After further consideration, the ALJ issued a decision. Petitioner filed a second appeal to the Circuit Court and on February 17, 2006, the Court denied the appeal on the grounds that no bond was posted. Petitioner now appeals to this Court by arguing that bond is not necessary as the underlying administrative hearing was terminated on a finding that he was not compos mentis. 

Refuse 5 - 0 

18.  State of West Virginia v. Bobby R. Thomas - No. 061882. Petitioner was convicted of driving revoked due to a DUI. Petitioner is asking the court to overturn his conviction.

Refuse 3- 2
 [ Starcher, J.  & Albright, J. ]

19.  State of West Virginia v. William L. Bradford - No. 061862. William L. Bradford appeals his conviction for first degree murder (under a felony murder theory), without a recommendation of mercy.

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