Requests for Oral Presentation
and
Petitions for Appeal

September 23, 1999

(Please note that the Honorable Fred Risovich, II served as a specially assigned Justice.)

1.    Leo J. Signiago v. Wanda Faye Lester, No. 991786. Plaintiff appeals jury verdict for defendant in a boundary line dispute case.

Refuse 3-1
[Starcher, C.J.]
[Maynard, J., Disqualified]

2.    State of West Virginia v. Marvin D. Sugg, No. 991835. Defendant appeals conviction of malicious assault on a state correctional officer. Defendant was sentenced to 3 to 15 years.

Accept

3.    Susan L. Taflan v. Simon J. Taflan, No. 991840. Defendant appeals Order regarding monthly payments to the plaintiff for her share of the defendant's retirement pay.

Refuse 5-0

4.    Sharmaine Burnside v. James O. Meadows, No. 991843. Plaintiff appeals the denial of her motion for a new trial and argues that the jury verdict was inadequate as a matter of law.

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

5.    Thomas M. Hammer v. Nationwide Mutual Insurance, No. 991844. Plaintiff appeals entry of summary judgment for the defendant, Nationwide, in a matter raising issues regarding the payment of attorney fees and costs incurred in collecting from a tortfeasor.

Accept


6.     Bruce G. Blank, DPM v. Ohio Valley Medical, No. 991845. Plaintiffs appeal from the circuit court's order dismissing their breach of contract action.

Accept

7.    James Hill Call v. George Trent, Warden, No. 991847. Defendant appeals from the circuit court's order denying him habeas corpus relief from his first degree murder conviction without mercy.

Accept

8.    Donald R. Pertee v. WV Division of Environment, No. 991848. Petitioner appeals from an order of the circuit court which, in part, reversed the decision of the Surface Mine Board which found that petitioner's mining activity did not adversely affect the quality of respondents' water supply. Petitioner seeks reversal of the circuit court's order and an affirmance of the Surface Mine Board's order.

Refuse 4-1
[Maynard, J.]

9.    Roger Puckett v. Robert Farley, No. 991849. Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants.

Refuse 5-0

10.    Thomas W. Korzun v. Chang-Keun Yi, No. 991854. The United States District Court for the Northern District of West Virginia certifies a question of law to this Court.

Grant 5-0

11.    Pamela K. Redden v. Denzille H. Redden, No. 991861. Petitioner appeals from an order of the Circuit Court of Raleigh County modifying a final divorce decree and ordering that certain real property be transferred from petitioner to the estate of respondent.

Refuse 3-2
[Maynard, J., Risovich, J.]

12.    Roy C. Huffman v. Kenton Meadows Co., No. 991863. Defendant appeals from the circuit court's order finding that certain land conveyed to a railroad was an easement and assessed damages against defendant in favor of plaintiffs.

Refuse 5-0

13.    Robert Kessler v. Barre-National, Inc., No. 991864. Plaintiffs appeal from the circuit court's dismissal of their personal injury action.

Refuse 3-1
[Davis, J.]
[Risovich, J., Disqualified]

14.    State of West Virginia v. Melissa A. Harrah, No. 991865. Defendant appeals from her convictions for attempted non-aggravated robbery for which she was sentenced to a term of not less than 5 nor more than 18 years in the penitentiary.

Refuse 5-0


15.    State of West Virginia v. Patrick O. Groom, No. 991868. Defendant appeals from his sentence of 2 to 30 years in the penitentiary for delivery of a controlled substance because the circuit court had utilized W.Va. Code § 60A-4-408 to enhance the sentence.

Refuse 5-0

16.    Joseph W. Hicks v. Board of Review, No. 991872. In this certiorari proceeding, the petitioner, Joseph W. Hicks, appeals from an order entered in the Circuit Court of Kanawha County which affirmed the ruling of the Board of Review. The Circuit Court and Board held that the petitioner was disqualified for gross misconduct from receiving unemployment compensation benefits. The petitioner, an employee of the respondent, Fairmont General Hospital, Inc., had failed a random drug test and had been discharged from his employment.

Refuse 4-1
[Risovich, J.]

17.    Melissa Dawn Hudson v. Charles D. Hudson, No. 991875. The petitioner, Melissa Dawn Hudson, appeals from the final order of the Circuit Court of Kanawha County which denied her claim for child support arrearages. The petitioner is the daughter of the respondent. The petitioner contends that the ruling of the Circuit Court violated her rights to due process and equal protection.

Refuse 5-0


18.    State of West Virginia v. Carl E. Lockart.
, No. 991876. This appeal by the petitioner, Carl E. Lockart, is a follow up to State v. Lockart, 200 W.Va. 479 (1997), wherein this Court remanded the case to the Circuit Court of Wood County to afford the petitioner an opportunity to develop the record with regard to the insanity defense of Dissociative Identity Disorder. Prior to the remand, the petitioner's various sentences with regard to the events at issue included confinement in the penitentiary for life. The petitioner contends that the evidence submitted upon remand was such that the Circuit Court should have awarded him a new trial.

Accept

19.    State of West Virginia v. Randy Lyn Thompson, No. 991878. The petitioner, Randy Lyn Thompson, appeals from his conviction in the Circuit Court of Wayne County of aggravated robbery. The petitioner's defense at trial was that, because of alcohol intoxication and dependency, he lacked the capacity to form an intent to commit the crime. The petitioner asserts that it was improper for the State to suggest to the jury that guilt could be inferred from the petitioner's failure to call witnesses.

Refuse 5-0

20.    Expedited Transport v. William Vieweg, Comm'r., No. 991890. The petitioner, Workers' Compensation Division, appeals from a decision of the Circuit Court of Kanawha County holding that the respondent, Expedited Transportation Systems, Inc., was not a successor corporation to Trucks, Trains and Planes, Inc., and, therefore, was not liable for Trucks, Trains and Planes, Inc.'s unpaid workers' compensation premiums.

Grant 5-0

21.    State of West Virginia v. Marvin Bing, No. 991895. The petitioner, Marvin Bing, appeals from his conviction in the Circuit Court of Putnam County of third offense driving under the influence of alcohol. The petitioner contends, inter ali, that it cannot be inferred from the evidence adduced at trial that the vehicle, found parked by the highway, had actually been driven by the petitioner.

Defer

22.    Barbara D. Haines v. Harlan C. Haines, No. 991916. The petitioner, Harlen C. Haines, appeals from a contempt order entered against him in a divorce action in the Circuit Court of Jefferson County. The order was entered upon a finding that the petitioner failed to make certain temporary alimony and mortgage payments. The petitioner contends that he was denied an opportunity to present evidence of his inability to pay.

Refuse 5-0

23.    State of West Virginia v. Elbie Paul Thurman, No. 991917. The petitioner, Elbie Paul Thurman, Jr., appeals from his felony conviction in the Circuit Court of Kanawha County of possession of a stolen vehicle. The petitioner contends that evidence of his financial relationship with the victim should not have been eluded upon the basis of relevancy.

Refuse 4-1
[Maynard, J.]

24.    Ida L. Dalton v. Delbert H. Dalton, No. 991918. The petitioner, Ida L. Dalton, appeals from the final order of the Circuit Court of Barbour County holding that, inasmuch as the petitioner, her former husband and their child resided together following the parties' divorce, it was presumed that the former husband had satisfied his obligation to pay the petitioner child support and alimony.

Grant 4-1
[Starcher, C.J.]

25.    Bonny L. Hall, SER v. James Liller, Warden, No. 991919. In this original habeas corpus case, the petitioner Bonny L. Hall, challenges her Harrison County conviction of murder of the first degree, with mercy. One of the issues raised by the petitioner concerns whether she waived her right to testify in the underlying trial.

Accept