Supreme Court of Appeals of West Virginia

 Gavel.gif (863 bytes)     Argument Docket     Gavel.gif (863 bytes)

Wednesday, September 22, 1999

[Cases with an asterisk (*) to be heard beginning at 2:00 p.m.]

1. Jody M. Stevens v. West Virginia Institute of Technology, et al.- 25956 - Plaintiff appeals an award of summary judgment in favor of defendant school and defendant hospital in this personal injury action.

 

2. State of W. Va. v. Walter Lee Swafford, II - 25844 - Defendant appeals convictions of first degree murder and conspiracy to commit a felony.   He was sentenced to life imprisonment without mercy and 1 to 5 years.

 

3. State of W. Va. v. Henry Theodore Allen, II - 25980 - Defendant appeals conviction on charges of fleeing by use of a vehicle, fleeing by other means (3 counts), obstruction (2 counts), carrying a concealed weapon and destruction of property (2 counts).  Defendant was sentenced to total consecutive sentences of  7 years and 2 month in the county jail with a credit for 251 days. 

 

4. Ronald Louis Predmore v. Kim Marie Predmore - 26011 - Plaintiff appeals from the circuit court's affirmance of the family law master's dismissal of this divorce action for lack of jurisdicition. 

 

5. William D.A., Sr. v. Shawna Renee A., et al. - 25894 - Petitioner, natural mother of two minor children, intervened in an adoption proceeding seeking to withdraw her consent and have her minor children returned to her.

 

6. In re: Petition to Remove John G. Sims as Prosecuting Attorney for Logan County - 25957 - Petitioners appeal from a three-judge panel's refusal to remove John Sims as the Prosecutor of Logan County. 

 

7. Roy David Vernatter v. Warden, WV Penitentiary - 25952 - The petitioner appeals from an order entered in the Circuit Court of Logan County denying him relief in habeas corpus.  The petitioner, serving a sentence of life, with mercy, upon a 1st degree murder conviction, contends that his rights to effective assistance of counsel and due process were violated. Continued to 11/2/99.

 

8. Sherman Jones, et al. v. Patterson Contracting, Inc., et al. - 25959 - The petitioners, Sherman and Lori Jones, appeal from a directed verdict granted by the Circuit Court of Logan County in favor of Grasan Equipment Co., Inc.  The appeal concerns a product liability action filed against Grasan Equipment with regard to injuries Sherman Jones received while cleaning a rock crushing machine.  

Sherman Jones, et al. v. Patterson Contracting, Inc., et al. - 25960 - The petitioners, Sherman and Lori Jones, appeal from a directed verdict granted by the Circuit Court of Logan County in favor of Patterson Contracting.  The appeal concerns a deliberate intent action filed against Patterson Contracting with regard to injuries Sherman Jones received while cleaning a rock crushing machine. 

 

9. SER DHHR by Debra Kay Schwab v. Jeffrey William Schwab - 25868 - Defendant appeals order assessing him $34,697.00 in back child support and interest.

 

10. Harold F. Flint, Jr., et al. v. Board of Education of Harrison County - 25898 - The Harrison County Board of Education appeals from a ruling of the Circuit Court of Harrison County to the effect that nine service employees of the Board, hired under a 240-day annual contract, are entitled to compensation under a 261-day annual contract. 

 

11. State of West Virginia v. Timothy Ray Cline - 25924 - The petitioner challenges his conviction in the Circuit Court of Mercer County of driving a motor vehicle while his operator's license was suspended or revoked. - Submitted on Briefs.

 

*12. Westover Realty Co., Inc. v. Estate of John Wassick, Jr., at al. - 25899 - Westover Realty appeals a jury's finding that a $435,000 note is valid.  The note requires Westover Realty to Pay John Wassick, III, $435,000 plus interest.

 

*13. SER Charles R. Edgell v. Howard Painter, Warden - 25896 - Petitioner appeals lower court denial of his petition for writ of habeas corpus.  Petitioner had been found guilty of three counts of second degree sexual assault and sentenced to three concurrent 10 to 20 year terms of imprisonment.

 

14. State of West Virginia  v. Bobby Lee Nichols - 26009 - Defendant appeals conviction of 3rd offense DUI (1 to 3 years) and driving while on a suspended license (6 months).

 

*15. Roy Collins, et al. v. City of Bridgeport - 25626 - The petitioners, various police officers of the City of Bridgeport, appeal a ruling of the Circuit Court of Harrison County to the effect that the City's method of awarding salary increases, based upon merit, did not violate this State's police civil service system.

 

16. Marvin T. Bowers, et al. v. Gretchen Wurzburg, The Southland Corp., at al. - 26218 - The petitioners, Marvin T. Bowers, et al., appeal from an order entered in the Circuit Court of Jefferson County granting summary judgment in favor of respondent Gretchen Wurzburg.  Ms. Wurzburg was the lessor of property upon which a gasoline station was operated.  The petitioners brought an action to recover damages allegedly caused by a gasoline leak from the station.

Monday, November 26, 2001 03:38 PM