September 5, 2002
1. In re: Mon Mass II, No. 002769. Defendant GAF Corporation appeals from the circuit court’s Order granting plaintiffs’ "Motion to Enforce Settlement" solely against GAF and directing GAF to pay the shortfall of a settlement amount that was negotiated and agreed to between the Center for Claims Resolution and plaintiffs. GAF seeks a reversal of the circuit court’s order.
Refuse 3- 1
[ Maynard, J. ]
[ Davis, C. J., Disqualified ]
2. In re: Mon Mass II, No. 010692. Defendant GAF appeals from a final order of the circuit court entered December 12, 2000, granting plaintiffs’ "Motion to Enforce Settlement" solely against GAF and directing GAF to pay the anticipated shortfall of a settlement amount negotiated and agreed to between plaintiffs and the Center for Claims Resolution.
Refuse 3- 1
[ Maynard, J. ]
[ Davis, C. J., Disqualified ]3. James Milton Covington v. Michael John Smith and Walter Lee Forbis, No. 020691. Plaintiffs appeal the circuit court’s order denying their Motion for Reinstatement of their civil action, which had been dismissed for failure to prosecute. They also appeal from the circuit court’s order denying their Motion for Reconsideration and affirming the court’s prior finding that plaintiffs had not established good cause required for the reinstatement of their case. Plaintiffs seek a reversal and a remand for a trial of their personal injury action rising out a motor vehicle accident.
Grant 5- 0
4. Consolidated Natural Gas Co. v. Joseph Palmer, Tax Comm’r., No. 020672. The taxpayer appeals from the circuit court’s final order affirming, in part, the Tax Commissioner’s administrative decision. Taxpayer asserts that the Tax Commissioner improperly calculated its tax credit under W.Va. Code §11-23-17(b). Taxpayer seeks a remand of this matter to the circuit court for a calculation of the tax credit, plus interest.
Grant
3- 1
[ McGraw, J. ]
[ Albright, J., Did Not Participate ]
5. Doy Richard Horner v. Howard Painter, Warden, No. 020697. Petitioner appeals from the circuit court’s denial of his petition for a writ of habeas corpus.
Refuse 5- 0
6. State of West Virginia v. Yasser Abdelhaq, No. 020699. Defendant appeals from his conviction of first degree murder. He was sentenced to life in prison without mercy. He alleges various evidentiary and trial errors.
Grant
3- 2
[ Maynard, J., McGraw, J. ]
7. SER Geoffrey Oliver v. George Trent, Warden, No.
020700. Petitioner appeals from the circuit court’s
denial of his petition for a writ of habeas corpus. He was convicted
of first degree murder with mercy. He asserts various evidentiary and trial
errors.
Accept to Motion Docket
8. State of West Virginia v. Nick Cochran, No. 020702. Defendant appeals from his convictions for burglary, first degree sexual abuse, 18 counts of first degree sexual assault, and kidnapping. Defendant was sentenced as a recidivist and received prison terms totaling 82 to 195 years, including a life sentence with mercy on the kidnapping conviction and a life sentence on one count of first degree sexual assault that had been enhanced under the recidivist statutes. Defendant alleges evidentiary, trial and instructional errors.
Refuse
3- 2
[ Starcher, J., Albright, J. ]
9. Anna Springer v. Court of Claims/West Virginia Department of Transportation, No. 020795. Claimant appeals from the decision of the West Virginia Court of Claims denying her claim seeking compensation for the death of her husband allegedly caused by the negligent design, construction and maintenance of a bridge in Webster County.
Accept to Motion Docket