2.  Catherine I. Smith and John Smith v. Derek Andreini, M.D. an Orthopaedic Surgery, Inc. - No. 081032. Defendants appeal from the circuit court’s order granting plaintiff’s motion for a mistrial following a jury verdict in favor of defendants in this medical malpractice action. Defendants assert that the circuit court committed reversible error by granting the mistrial 20 months after the jury rendered a verdict in their favor. - Grant 3-2 (Davis, Starcher)

3.  Barbara Warner and Roy Warner v. Leroy Wingfield, Jr. and Susan Wingfield - No. 081033. Plaintiffs’ prior counsel, Erika Klie, appeals from the circuit court’s order granting defendants’ motion for Rule 11 sanctions and sanctioning petitioner in the amount of $12,236.33, which sum constituted defendants’ reasonable legal fees incurred in defending themselves in this civil action. Petitioner Klie seeks a reversal of the circuit court’s order. - Accept to Motion Docket

5.  George M. Peters v. Rivers Edge Mining, Inc., a Delaware Corporation - No. 081140. Defendant appeals following an adverse jury verdict in this action brought under the anti-discrimination provisions of the West Virginia Workers Compensation Act. Plaintiff received a total verdict in excess of $1.8 million, exclusive of pre-judgment interest. Defendant raises issues related to federal preemption and collateral estoppel following arbitration, and challenges the front pay and punitive damage awards. - Grant 3-2 (Davis, Starcher)

6.  Gary Dixon v. Kit Harper a/k/a Kit McGlinchey Brae Hollow Farm, Fairmont, West Virginia, 26550 d/b/a The Wilderness Horseback Outfitters - No. 081044. Defendant appeals from the circuit court’s order denying his motion to void the nunc pro tunc order entered on September 5, 2006, effective to the first Tuesday of October, 1996. Defendant raises various procedural issues and seeks a reversal of the circuit court’s decision. - Accept to Motion Docket

7.  State of West Virginia v. Joseph Blake Braddock - No. 081017. Defendant appeals his convictions for aiding and abetting the delivery of a controlled substance, namely cocaine, to another person following his Alford plea. Defendant contends that the prosecutor subsequently breached the plea agreement at sentencing and that the circuit court lacked jurisdiction to accept the Alford plea. - Refuse 4-1 (Albright would grant on issue 2))

8.  State of West Virginia ex rel. Dennis E. Mayhew v. Teresa Waid, Warden, Huttonsville Correctional Center - No. 081053. Petitioner appeals from the circuit court’s order denying his petition for habeas relief in relation to the revocation of his probation for failing a drug screen. Petitioner seeks a reversal of the circuit court’s order as well as leave to appeal his underlying conviction and seeks his immediate release from custody.- Refuse 5- 0

9.  Michael O’Dell Dennis v. State of West Virginia, Division of Corrections, Teresa Waid, Warden, Huttonsville Correctional Center - No. 081057. Petitioner appeals from the circuit court’s order summarily denying his habeas corpus petition. Petitioner states that the circuit court’s order lacks the supporting findings necessary to have dismissed his petition. Petitioner asks this Court to grant his petition and remand the matter to the circuit court with instructions to grant the writ that he seeks. - Grant 3-2 (Maynard, Davis)

10.  State of West Virginia v. Terrence Frederick Williams - No. 081058. Defendant appeals from his conviction on one count of conspiracy following a jury trial. Defendant raises jurisdictional and evidentiary issues and contends that the circuit court erred in refusing a proposed plea agreement. Defendant seeks a reversal of his conviction.- Refuse 5- 0

11.  Mindy and Billy McCormick v. Wal-Mart Stores, Inc., a Delaware Corporation - No. 081046. Plaintiffs Mindy and Billy McCormick appeal the circuit court’s order denying their "Motion for Determination of Damages" and "Rule 59(e) Motion for Reconsideration." They argue that defendant Wal-Mart should be compelled to pay their attorney’s fees and litigation expenses. - Accept to Motion Docket

12.  TEL Builders, LLC v. Robert C. Harbaugh and Diana M. Harbaugh, Husband and wife, and Branch Banking and Trust Company, a North Carolina banking corporation- No. 081064. Plaintiff TEL Builders, LLC, appeals the circuit court’s order denying its motion to reinstate its complaint. TEL’s case was previously dismissed with prejudice for failure to prosecute.- Grant 3-2 (Maynard, Benjamin)

13.  J’s Industrial Radiator Repair Service, Inc. f/k/a Galoway’s Radiator Services, Inc. v. The Sherwin-Williams Company, a foreign corporation - No. 081071. Petitioner/defendant below, The Sherwin-Williams Company, appeals the circuit court’s order which refused to set aside the jury’s award of damages for aggravation, annoyance, and inconvenience. Petitioner argues that these are general damages not permitted under the Uniform Commercial Code. - Refuse 3-2 (Maynard, Benjamin)

14.  David P. VanMeter, IV v. County Commission of Grant County, West Virginia, and Grant County Development Authority, West Virginia public bodies - No. 081072. Plaintiff below, David P. VanMeter, IV, appeals the circuit court’s order denying him injunctive and declaratory relief and granting judgment on the pleadings in favor of the defendants Grant County Commission and Grant County Development Authority. The court ruled that the commission had the right to convey its interest in a right-of-way extending across plaintiff’s property for the purpose of ingress and egress to a planned industrial park.- Refuse 5- 0

15.  Mylan Laboratories Inc., a Pennsylvania corporation; Mylan Pharmaceuticals Inc., a West Virginia corporation; and UDL Laboratories, Inc., an Illinois corporation v. American Motorists Insurance Co., an Illinois corporation; Continental Insurance Co., an Illinois corporation; Wausau Insurance Co., a Wisconsin corporation; Federal Insurance Co., an Indiana corporation; Great American Insurance Co., an Ohio corporation; and Ohio Casualty Insurance Co., an Ohio corporation - No. 081073. In this declaratory judgment action, Mylan Laboratories Inc., Mylan Pharmaceuticals Inc., and UDL Laboratories, Inc. appeal the circuit court’s order granting summary judgment in favor of American Motorists Insurance Co., Continental Insurance Co., Wausau Insurance Co., and Federal Insurance Co. The court found that policies issued by these insurance companies did not impose a duty to defend the Mylan companies in two sets of cases, the "Average Wholesale Price" actions and the "Lorazepam and Clorazepate" actions – and since there was no duty to defend, there could be no duty to indemnify. - Accept to Motion Docket

16.  State of West Virginia v. Sheila G. Adkins - No. 081074. Sheila G. Adkins appeals her convictions for two counts of Distribution of a Controlled Substance and the circuit court’s denial of her motion for new trial. She asserts that pre-trial, in violation of Brady and State v. Youngblood, the State failed to disclose material evidence that would have impeached the State’s key witness. - Grant 5- 0

17.  SER Richard Hatfield v. William Haines, Warden, Huttonsville Correctional Center - No. 081108. Richard Hatfield appeals the circuit court’s denial of his petition for habeas corpus. He was previously convicted of Murder in the Second Degree. He asserts multiple errors including, inter alia, ineffective assistance of counsel, denial of constitutional rights in evidentiary rulings, insufficiency of the evidence, improper comment on his right to remain silent, prosecutorial misconduct, instructional error, and suppression of evidence. - Refuse 3-2 (Starcher, Benjamin)

18.  In re: Tax Assessment Against Purple Turtle, LLC, Joseph Atkins and Dana Grabiner, Mary A. Melnyk, Linda Lloyd, Ryan McCarthy and Erica B. Patthoff, David Springer and Judith Leitner Springer, Joseph I. McNamara and Donna B. McNamara, Gwenda A. Glesman and Paul R. Scribner, William W. Donahoe and Wendy Jones Donahoe, Kenneth R. Reitzig and Elizabeth D. Reitzig, Timothy D. Reitzig, Timothy Yates and Genevieve Yates v. Preston Gooden, Assessor of Berkeley County, West Virginia - No. 081111. The Assessor of Berkeley County appeals the circuit court’s order granting summary judgment to several taxpayers. The court found that the Berkeley County Commission sitting as the Board of Equalization and Review had erroneously upheld the assessor’s value for lots in the Broomgrass subdivision. - Grant 4-1 (Benjamin)

19.  State of West Virginia v. Marissa A. Jernigan - No. 081093. Marissa A. Jernigan appeals her conviction for Manufacture of a Controlled Substance, to wit, marijuana. She entered a conditional guilty plea, reserving the right to appeal the denial of her motion to suppress evidence. - Refuse 5- 0

20.  Victoria L. Beaver, individually as mother of and as personal representative of the Estate of Christopher B. Reeser v. The West Virginia Department of Health and Human Resources (DHHR) and Elissa Taylor, individually and in her official capacity - No. 081038. The defendants, the W.Va. DHHR and its employee Elissa Taylor, file an interlocutory appeal of the circuit court’s order denying their Rule 12(b)(6) motion to dismiss. The lawsuit asserts that the defendants failed to protect a child who had reported abuse. The defendants assert immunity under W.Va. Code §§ 49-6A-6 and -9 and common law qualified immunity, and argue that the court misapplied the law when denying their motion. - Accept to Motion Docket

21.  SER Michael D. Hicks v. Thomas McBride, Warden, Mt. Olive Correctional Center- No. 081141. Petitioner Michael D. Hicks appeals the denial of his petition for a writ of habeas corpus. Citing In the Matter of Renewed Investigation of the State Police Crime Laboratory, Serology Division, 219 W.Va. 408, 633 S.E.2d 762 (2006), he asserts inter alia that the State presented false serological evidence at his trial. He was convicted of First Degree Murder, with the use of a firearm, without a recommendation of mercy. Refuse 4-1 (Albright)

22.  State of West Virginia v. Mark Thomas Coleman - No. 081142. Mark Thomas Coleman appeals his conviction for Murder in the First Degree with a recommendation of mercy and the circuit court’s denial of his Motion for New Trial. He asserts insufficiency of the evidence. - Accept to Motion Docket

23.  Joe Meadows v. J. T. Davenport & Sons, Inc., a North Carolina company, GO-Mart, Inc., and Robert D. Rader - No. 081143. The petitioners, J. T. Davenport & Sons and Robert Rader, appeal the lower court’s denial of their Motion for a New Trial. The civil action arose from an incident where Respondent Joe Meadows, Jr., was run over by the rear wheels of petitioner’s delivery truck in a Go-Mart parking lot. After trial, the jury rendered a $3,000,000 verdict, and found all parties equally negligent. Refuse 4-1 (Benjamin)

24.  Glenn F. Macher, Jr. V. City of Martinsburg, West Virginia - No. 081145. The petitioner, Glenn F. Macher, Jr., appeals from an Order Denying his Motion for Relief from Final Judgment Pursuant to Rule 60(B) entered by the Berkeley County Circuit Court on October 10, 2007. Petitioner seeks reversal and remand of that decision so the original Petition for Mandamus can be considered on the merits by the circuit court. - Accept to Motion Docket

25.  Betty Lou Zirkle Carpenter v. Shirley Blaniar Luke - No. 081154. The petitioner, Shirley Blaniar Luke, appeals the Harrison Circuit Court’s rulings denying a Motion to Alter or Amend Judgment pursuant to West Virginia Rule of Civil Procedure Rule 59 and denying a Motion for New Trial pursuant to Rule 59. The original civil action was brought by the Respondent seeking declaratory relief to establish ownership of certain real estate located in Harrison County, West Virginia. A jury determined that the petitioner had not adversely possessed the real estate and had not obtained an easement by prescription. - Accept to Motion Docket

26.  State of West Virginia v. Daniel W. Kelly - No. 081159. Petitioner, Daniel W. Kelly, appeals his conviction for Unlawful Assault. Mr. Kelly was sentenced on November 6, 2007, to a term of imprisonment of one (1) to five (5) years. On Appeal, he seeks to reverse his conviction and remand the case to the Roane County Circuit Court for a new trial. Refuse 4-1 (Albright)

27.  Carl and Terry Milam v. Fleetwood Homes of N.C., Inc., - No. 081160. Petitioner, Fleetwood Homes of North Carolina, Inc., appeals from an award of attorney’s fees in the amount of $413,551.60, following a jury trial where the plaintiffs obtained a verdict of $29,616.70 in their claim for breach of express warranties, breach of implied warranty of merchantability, revocation of acceptance, unfair or deceptive acts or practices, and common law negligence. Petitioner argues that the amount of attorney’s fees is plainly erroneous, egregious, an abuse of discretion, and contrary to public policy. - Accept to Motion Docket

28.  State of West Virginia v. James Nowling, Jr. - No. 081162. Petitioner, James Nowling, Jr., appeals from his conviction on April 19, 2007, for one count each of Fraudulently Obtaining Money by means of False Pretenses and Computer Fraud. As a result of Charleston Police Department internal investigation, petitioner’s employment as an officer was terminated for "double-dipping." On July 27, 2007, the Kanawha County Circuit Court suspended imposition of sentence and granted petitioner three years probation. - Refuse 3-2 (Starcher, Albright)

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