Supreme Court of Appeals of West Virginia

Motion Docket

1.   John B. Crowder v. Kanawha County Board of Education -  030140 - Petitioner appeals the circuit court's order affirming a decision of the Grievance Board. The petitioner unsuccessfully sought a regular service position with the respondent school board and asserts that his experience and tenure as a long-term substitute in that position entitles him to the regular position. -  Refuse 4 - 1 ,  McGraw.

2 .  Robert J. Muncy and Kimberley S. Muncy v. Penn Coal Corp., and Ted Tue -  030097 - Petitioners appeal an adverse summary judgment in their deliberate intent case. -  Grant 5 - 0.

3.  Amber Edens v. Carrie Newhouse, Stephanie Walker and David Walker AND Progressive Paloverde Insurance Co. v. Carrie Newhouse, Stephanie Walker, David Walker & Amber Edens - 030304 - Petitioner appeals from the circuit court's finding as a matter of law that there were no questions of fact for the jury to determine regarding Progressive's obligation under a motor vehicle liability policy to provide coverage to its insureds Carrie Newhouse and Stephanie Walker and hence Amber Edens and granted summary judgment. An order was issued on October 1, 2002, granting the summary judgment and denying motor vehicle insurance coverage to petitioner. - Continued.

4.  State of W. Va. v. Douglas Marrs -  030320 - Defendant appeals from his convictions on nine counts of third degree sexual abuse, two counts of second degree sexual assault, 11 counts of sexual abuse by a custodian, and two counts of display of two minor of obscene matter. Defendant's sentences were suspended and he was placed upon probation for a period of five years after completing an indeterminate sentence of 10 to 20 years imposed on one of the counts of sexual abuse by a custodian. Defendant seeks a reversal and new trial based upon alleged trial errors.  Refuse 3 - 1 ,  Albright (Starcher not Participating).

5.  State of W. Va. v. Michael Rogers - 030404 -  Petitioner appeals his conviction for burglary and conspiracy to commit burglary. - J. Albright disqualified -  Grant  4 - 0.

6.  David R. Farley and Janeth B. Farley v. Elizabeth H. Farley and Robin L. Farley -  030476 - Petitioners appeal the circuit court's ruling on their complaint for declaratory judgment. The court retained oversight of the petitioners' development of a right-of-way across respondents' property and imposed a limit on petitioners' development of their own property. -  Grant  4 - 1 ,  McGraw.

7.  J. Berry Dew, Anthony J. Playtis and Wellesley Property Owners Assoc., Inc. v. PSC of WV and Lubeck Public Service District - 031301- No summary available.  -  Grant 3 - 2 , Davis & Maynard. 

8.  State of W. Va. v. Jimmie Meccya Williams -  030566 - Petitioner appeals his conviction for two felony counts of third degree sexual assault. He alleges that his conviction violated double jeopardy, that illegal wiretapping evidence was used against him, and that the court erred by not crediting him with time served.  -  Grant 3 - 2 , Davis & Maynard. 

9.  WV Dept. of Transportation, DOH, and Samuel H. Beverage, Comm’r v. Darden Properties, LLC, OSI, LLC, et al. -  030564 - The Division of Highways appeals from the jury's verdict of $2.3 million in this action in eminent domain. The Division of Highways seeks to have the verdict set aside and a new trial granted. -  Refuse 4 - 1 ,  McGraw.