September 25, 2003

1.  Raleigh Mine & Industrial Supply v. William Vieweg, No. 030842. Petitioners appeal from the circuit court’s order affirming the decision of the W.Va. Bureau of Employment Programs, Workers’ Compensation Division, which determined that Raleigh Mine and Industrial Supply’s acquisition of Teays Incorporated was a "succession" for the purposes of West Virginia workers’ compensation law.

Grant 5-0

2.  Robert Poling v. Tucker County Board of Education, No. 030824. Petitioner appeals from the circuit court’s order affirming the adverse decision of the West Virginia Education and State Employees’ Grievance Board, which denied petitioner’s grievance. Petitioner seeks reinstatement into both a substitute maintenance vacancy and a substitute custodial vacancy.

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

3.  In Re The Marriage/Child of: Sharon Bicks Wilson and George Butler Wilson, No. 030825. Petitioner mother appeals from the circuit court’s order reversing the family court’s amended final order enforcing the terms of a final settlement of all past financial claims between the parties.

Refuse 4-1
[ McGraw, J. ]

4.  Wheeling Jesuit University v. Board of Zoning Appeals of the City of Wheeling, No. 030845. The City of Wheeling appeals from the circuit court’s order reversing a decision of the Board of Zoning Appeals and ordering the City to issue an occupancy permit and to allow the use of the subject property for university offices.

Refuse 5-0

5.  State of West Virginia ex rel Carlos "Binky" Scott v. William Haynes, Warden, Huttonsville Correctional Facility, No. 030846. Petitioner appeals from the circuit court’s summary denial of his petition for a writ of habeas corpus. He seeks a reversal and a remand for a full evidentiary hearing.

Refuse 5-0

6.  State of West Virginia v. Beverly Muller, No. 030849. Defendant appeals from her conviction on a single count of attempted fraudulent scheme. She seeks a reversal of her conviction and sentence below.

Refuse 5-0

7.  Cheryl Ellison, Individually and as the natural guardian and next friend of Cody Poole and Lacrisha Kimes v. John Doe, Nationwide Mutual Insurance Company and Kristy M. Fouty, No. 030858. Plaintiff appeals from the circuit court’s order awarding summary judgment in favor of defendant insurer in this action arising out of motor vehicle accident involving a John Doe driver.

Grant 5-0

8.  Mary Lowe, Administratrix of the Estate of Kevin Lee Lowe v. Tomora Mae Hilderbrand, American Guarantee and Liability Insurance Company, No. 030860. Plaintiff appeals from the circuit court’s order awarding summary judgment in favor of the defendant insurer in the declaratory judgment action portion of this wrongful death action. The circuit court ruled that although the decedent was an "insured" under the policy, he had to be acting in the scope of employment for uninsured motorist coverage and that he had to possess a company car to have coverage under a "drive other car coverage" endorsement. The circuit court dismissed the defendant insurer from the case.

Refuse 3-2
[ Starcher, C.J., McGraw, J. ]

9.  Scott Shafer v. Kings Tire Service, Inc., Matthew King and Sam King, No. 030861. Plaintiff appeals from the circuit court’s order awarding him $25,000 in attorney’s fees and expenses when he sought a total of $67,684.80 in attorney’s fees and expenses in this action brought under the West Virginia Human Rights Act. Plaintiff asks that this Court reverse the circuit court and enter an order awarding him attorney’s fees and costs in a total amount of $67,684.80 or, in the alternative, that the matter be remanded for a determination of a reasonable award of attorney’s fees and costs.

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

10.  Katherine Ann Hoover v. West Virginia Board of Medicine, No. 030934. The West Virginia Board of Medicine appeals from the circuit court’s order reversing the Board’s decision to revoke the medical license of Dr. Hoover. On appeal, the circuit court found that because the Board of Medicine’s complaint and notice of hearing were not personally signed by both the Secretary and President of the Board but were, instead, signed in their names by their secretary, the Board’s decision violated W.Va. Code §30-3-8.

Grant 3-2
[McGraw, J., Albright, J.]

11.  David J. Shaffer, M.D. v. Ft. Henry Surgical Associates, Inc., f/k/a/ Cardia Surgeons and Howard Shackelford, M.D., No. 031430. The circuit court certifies four questions regarding whether a medical doctor is an employee for purposes of the West Virginia Wage Payment and Collections Act.

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

12.  State of West Virginia ex rel. Mark Dewayne Price v. Howard Painter, No. 030823. Petitioner appeals the circuit court’s denial of his petition for a writ of habeas corpus, arguing the circuit court applied the wrong legal standard to determine whether the admission of illegally obtained evidence at trial constituted harmless error.

Refuse 5-0

13.  State of West Virginia v. Housein Keaton, No. 030873. Petitioner appeals his conviction for malicious wounding, asserting error regarding the circuit court’s discussion with the jury.

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

14.  Lora D. Kiser v. Carrel Mayo Caudill, M.D., No. 030874. Plaintiff below appeals the circuit court’s order granting summary judgment to defendant in a medical malpractice action. She asserts the circuit court erroneously excluded her expert witness.

Accept To Motion Docket

15.  Norma L. Alderman, et al. v. James B. Phares, M.D., et al., No. 030875. Kermit Friel and Kenneth Vance appeal the order of a three judge panel which held that their seats on the Pocahontas County Board of Education were vacant as a matter of law because they simultaneously held other public offices in violation of W. Va. Code § 18-5-1a. They also assert error in the panel’s refusal to dismiss the removal petition on procedural grounds.

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

16.  Norma L. Alderman, et al. v. James B. Phares, M.D., et al., No. 030876. Citizen petitioners Alderman and Heinemann appeal the adverse portions of a three judge panel’s order, including the panel’s decision not to remove the superintendent of schools and a particular school board member. They also assert that two school board members who were removed by the three judge panel have circumvented the courts by having themselves reappointed to the school board, and they take issue with 2003 statutory changes.

Refuse 4-1
[ Maynard, J. ]

17.  State of West Virginia v. Stoney William Ault, No. 030879. Petitioner appeals his conviction for first degree sexual abuse and sexual abuse by a custodian, asserting several trial errors.

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

18.  State of West Virginia v. Curtis B. Yanko, No. 030924. Petitioner appeals his conviction for first degree murder without a recommendation of mercy. He asserts several trial errors and a constitutional right to full appellate review.

Accept To Motion Docket

19.  State of West Virginia v. Charles V. Porter, No. 030925. Defendant appeals his conviction for one count of false swearing, a misdemeanor.

Refuse 5-0

20.  State of West Virginia v. Irvin Victor Cowgill, No. 030926. Petitioner appeals his conviction for murder in the second degree and his sentence of forty years incarceration.

Accept To Motion Docket

21.  State of West Virginia v. Timothy Justice, No. 030862. Petitioner appeals his convictions for murder in the first degree with a recommendation of mercy. He asserts several trial errors.

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

22.  State ex rel Ralph Martin Bledsoe v. Howard Painter, Warden, Mt. Olive Correctional Complex, No. 030960. Petitioner appeals the circuit court’s denial of his petition for a writ of habeas corpus. He had previously been convicted of one count of first degree sexual assault and was sentenced to 15 to 35 years in the penitentiary. He asserts eleven errors.

Accept To Motion Docket

23.  Eric Von Pryor v. Members of the Monongalia County Youth Services Center, Inc.’s Advisory Board, Asel Kennedy, individually and as board president; Mavis Grant-Lilley, individually and as board vice president; Rosemary Yandura, individually and as board secretary; and Doug Reed, individually and as board treasurer, No. 030963. Petitioner appeals the circuit court’s order which dismissed individual officers of an uncompensated advisory board from being named defendants in a WV Human Rights Act case. The circuit court found that public policy mandates that the individual officers are immune from suit.

Accept To Motion Docket

24.  State of West Virginia v. William Crupe, No. 030961. Petitioner appeals his conviction for sexual abuse in the first degree.

Refuse 5-0

25.  State of West Virginia v. Michael O’Dell Dennis, No. 030975. Plaintiff appeals from the circuit court’s order sentencing him to 37 years in prison following his conviction of Kidnaping, Two Counts of Sexual Assault in the second degree, violation of protective order and domestic battery. The Jury also returned a verdict of guilty to second degree robbery.

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

26.  State of West Virginia v. Larry Cline, Jim Hatfield and Curtis Fletcher, No. 030976. The Special Prosecutor appeals from the ruling of Judge Wilson, dismissing Mingo County felony indictments nos. 03-F-18, 19, and 20 against the respondents. The Prosecutor files a Writ of Prohibition challenging the Court’s dismissal charging the three former County Commissioners with failure to pay over employees wage withholding taxes.

Refuse 5-0

27.  State of West Virginia v. Joshua Morrow, No. 030980. Petitioner seeks reversal of his conviction for second degree murder, entered upon a plea of guilty, and remand of his case for a trial on the merits.

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

28.  SER Stephen M. Matthews v. James E. Rubenstein, No. 031009. Petitioner appeals, through Habeas Corpus, from the circuit court’s order dismissing the petitioner for a Writ of Habeas Corpus as moot.

Refuse 5-0

29.  Scott Earl Rinker v. West Virginia Department of Health and Human Resources, No. 031011. This case is a original suit for Habeas Corpus Ad Subjiciendum filed in Barbour County seeking release of children, the custody of which was awarded to the DHHR. The Circuit Court denied the petition.

Refuse 5-0

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