Requests for Oral Presentation
and
Petitions for Appeal

September 2, 1999

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

1.    Walter Alan Lively v. Robert J. Rufus, No. 991566. Plaintiffs appeal from a jury verdict in an accounting malpractice and fraud case involving allegations that defendant certified public accountant took over his client's business without permission, negligently mismanaged the business and left the clients liable for the debts of the business that they had personally guaranteed. The jury, answering a single question regarding the net equity value of the business, entered a defense verdict.
Accept

2.    Randolph County BOE v. Brenda Sharp - Yokum, No. 991567. Board of Education appeals Order of the lower court affirming the decision of the ALJ that at the time of the resignation of a permanent employee, the Board was required to select a permanent employee in accordance with W.Va. Code §18A-4-8(b)rather than maintain a temporary or substitute employee in the position.
Refuse 4-1
[Starcher, C.J.]

3.    Lucille Evans v. Nationwide Mutual, No. 991568. Defendant appeals jury verdict in favor of the plaintiff in a claim for damages for alleged unfair claims settlement practices arising from a claim for property damage coverage under a mobile home insurance policy and relating to the defendant's alleged failure to properly offer, provide or advise the plaintiff regarding mine subsidence coverage.
Refuse 5-0

4.    State of West Virginia v. Avery Demond Lewis, No. 991569. Defendant appeals conviction of malicious wounding. He was sentenced to 2 to 10 years.
Grant 4-1
[Maynard, J.]
[Davis, J. Would Grant Only On The Polygraph Testimony.]

5.    Barbara E. Thompson v. Branches-Domestic, No. 991570. Plaintiffs appeal entry of Order granting summary judgment for the defendants on the basis that the causes of action were governed by a one year statute of limitations and the plaintiffs filed their action more than one year after accrual.
Grant 3-2
[Starcher, C.J., Davis, J.]

6.     Angela Kaye Newman v. M. A. Farid, D.D.S., No. 991571. Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendant.
Grant 3-2
[Davis, J., Maynard, J.]

7.    Carla Lilly v. Stoney Coal Co., No. 991573. The Workers Compensation Division petitions this Court to review both the certified questions presented by the circuit court and the circuit court's answers thereto.
Refuse 3-2
[Davis, J., Maynard, J.]

8.    Louise G. Staton v. F. Alfred Sines, Jr., No. 991576. Petitioner seeks a reversal of the circuit court's order holding him in civil contempt.
Refuse 3-2
[Davis, J., Maynard, J.]

9.    Jennie Senkus v. David Moore, No. 991588. Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendants.
Grant 3-2
[Davis, J., Maynard, J.]

10.    Penny L. Regester v. Dana E. Falls, No. 991590. Plaintiff appeals from the circuit court's ruling that adverse possession had not been established and that plaintiff had failed to establish proof of eviction sufficient to satisfy a breach of a covenant of general warranty.
Refuse 5-0

11.    State of West Virginia v. Stephen H., No. 991601. Defendant appeals from the circuit court's order sentencing him to 20 years in the West Virginia Penitentiary for aggravated robbery.
Grant 4-1
[Maynard, J.]

12.    UB Services, Inc. v. Board of Review, No. 991619. Petitioner appeals from the circuit court's order affirming the decision of the Department of Employment Security's Board of Review.
Grant 3-2
[Starcher, C.J., Maynard, J.]

13.    State of West Virginia v. Shawn A. Riley, No. 991629. Defendant appeals from the circuit court's order denying him credit for time served on home confinement prior to sentencing.
Refuse 4-1
[Starcher, C.J.]

14.    Robert L. Easterling v. American Optical, No. 991631. Plaintiffs appeal from the circuit court's order awarding judgment to defendants, Bicknell Manufacturing Company and Buckeye Monument Company, on the basis of lack of personal jurisdiction.
Grant 5-0

15.    In the Matter of: v. Christopher C., No. 991632. In this certified question case, the Circuit Court of Marion County asks this Court to determine whether the West Virginia Department of Health and Human Resources is responsible for home incarceration fees with regard to adjudicated delinquent juveniles.
Refuse 4-1
[Maynard, J.]

16.    In the Matter of: v. Christopher C., No. 991633. In this certified question case, the Circuit Court of Marion County asks this Court to determine whether the West Virginia Department of Health and Human Resources is responsible for home incarceration fees with regard to adjudicated delinquent juveniles.
Refuse 4-1
[Maynard, J.]

17.    In the Matter of: v. Christopher C., No. 991634. In this certified question case, the Circuit Court of Marion County asks this Court to determine whether the West Virginia Department of Health and Human Resources is responsible for home incarceration fees with regard to adjudicated delinquent juveniles.
Refuse 4-1
[Maynard, J.]

18.    Greta M. Smith v. Computects, Inc., No. 991644. The petitioners, Smith and Leeber, appeal from a summary judgment granted in the Circuit Court of Raleigh County in favor of respondent, Robert Cannon, Chief Building Code Enforcement for the City of Beckley. The petitioners contend that respondent Cannon acted beyond the scope of his employment, and wantonly and recklessly, in allowing the petitioners' residence to be constructed with substantial defects.
Refuse 5-0

19.    Martha J. Baker v. Hancock County BOE, No. 991645. The petitioner, Board of Education, appeals from the final order of the Circuit Court of Hancock County. Pursuant to that order, the Circuit Court reversed a Level IV grievance decision and reinstated the respondent, Martha J. Baker, to her position as Principle of Jefferson Elementary School.
Grant 4-1
[Starcher, C.J.]

20.    Lisa K. Carper v. Henry Marockie, No. 991646. The petitioner, the State Board of Education, appeals from the final order of the Circuit Court of Kanawha County which reversed an administrative decision that the respondent, Lisa K. Carper, was not entitled to a professional services certificate because she had not completed the required course work at Glenville State College. The Circuit Court remanded the case for a consideration by the petitioner of the respondent's work experience.
Refuse 5-0

21.    Larry D. Poynter v. William Echols, M.D., No. 991647. This is a medical malpractice, wrongful death action in which the petitioners, Dr. Echols and the Huntington Internal Medicine Group, appeal from a summary judgment entered in the Circuit Court of Cabell County. Pursuant to the summary judgment, all matters of liability were found in favor of the respondent, Larry D. Poynter, Administrator. The issues before this Court concern the West Virginia Dead Man's Statute and the communications between Dr. Echols and the decedent.
Withdrawn

22.    State of West Virginia v. Donna Jean Poling, No. 991728. The petitioner, Donna Jean Poling, appeals from her conviction in the Circuit Court of Tucker County concerning the growing of marihuana plants in her home. The petitioner, diagnosed with multiple sclerosis, contends, inter alia, that the Circuit Court committed error in precluding her defenses of compulsion and medical necessity.
Grant 4-1
[Maynard, J.]

23.    State of West Virginia v. James M. Arbogast, No. 991755. The petitioner, James M. Arbogast, appeals from four magistrate court convictions which were affirmed by the Circuit Court of Randolph County. The convictions arose from an altercation between the petitioner and two police officers at the petitioner's residence.
Refuse 5-0

24.    Rickey P. Russell v. Joe Miller, Commissioner, No. 991756. This is a DUI case wherein the petitioner, Rickey P. Russell, appeals from an order of the Circuit Court of Berkeley County. Pursuant to that order, the DMV's revocation of the petitioner's license for a period of 10 years was affirmed. One of the issues herein concerns the admission of a video tape of the petitioner's arrest.
Refuse 4-1
[McGraw, J.]

25.    Earl Spence, Jr. v. Mingo Co. BOE, No. 991764. The petitioner, Earl Spence, Jr., appeals from an order of the Circuit Court of Kanawha County which affirmed a decision of the Education and State Employees Grievance Board. The petitioner challenges the reduction of his contract of employment from 261 days to 230 days.
Refuse 4-0
[Maynard, J., Disqualified]

26.    Barbara Alderman v. Centennial Development, No. 991785. The petitioner, Barbara Alderman, appeals from the final order of the Circuit Court of Raleigh County dismissing the petitioner's action against her employer, respondent Centennial Development Company. The issue on appeal concerns whether an employee may bring a negligence action against an employer for a non-compensable mental claim.
Refuse 3-2
[McGraw, J., Risovich, J.]