Supreme Court of Appeals of West Virginia September 5, 2001 Motions

Wednesday, September 5, 2001

1. Shirley Crock and Grace Washington v. Harrison County Board of Education - 010407 - The petitioners, Shirley Crock and Grace Washington, appeal from an order entered in the Circuit Court of Harrison County affirming a Level IV grievance decision holding that the respondent, Harrison County Board of Education, did not act improperly in terminating the petitioners' employment contracts and reissuing the contracts with reduced benefits, i.e., without any provision for "experience credit" for salary purposes. The petitioners contend that, in terminating and reissuing the contracts, the Board committed a number of statutory violations. - Grant 5 - 0.

2. The Affiliated Construction Trades Foundation, a Division of the West Virginia State Building & Construction Trades Council, AFL-CIO v. The PSC of West Virginia and Big Sandy Peaker Plant, LLC - 010815 - Affiliated Construction Trades Foundation (ACT), a union organization, asks this Court to suspend the order of the Public Service Commission of West Virginia (PSC) dated April 10, 2001 dismissing ACT's complaint filed with the PSC claiming that the PSC should not have granted a Certificate of Public Convenience and Necessity authorizing the construction of the Big Sandy Peaker Plant, LLC, a wholesale electric generation facility. ACT requests that this Court require the PSC to investigate and proceed to hearing on their formal complaint. - Grant 3- 2, Davis & Maynard.

3. State of W. Va. v. Shawna James - 010654 - Petitioner seeks to appeal conviction of malicious assault based upon instructional error. - Grant 4- 1, Davis.

4. American States Insurance Co. v. Jack Tanner, June Tanner, Louise Rietz Nelsen, Adm’x of the Estate of Alvin B. Nelsen, et al. - 010640 - Plaintiff below seeks to appeal summary judgment in favor of insurer regarding availability of liability insurance for a motor vehicle accident. - Grant 3- 2, Maynard & Albright.

5. Harold Moore, Clifford Cutlip, Michael Jackson, Fred Morgan, Ted Rife, Pat Vavrock, Steve Slavensky, and Edward Cummings v. Consolidation Coal Co., et al. - 010636 - In this age discrimination action, the petitioners, Harold Moore, et al., appeal from a jury verdict returned in the Circuit Court of Monongalia County in favor of their employers, respondents Consolidated Coal Company and Consolidated Coal Company Morgantown Operations. The petitioners contend that the Circuit Court committed error in precluding the petitioners from submitting to the jury certain matters of evidence. - Grant 3- 2, Davis & Maynard.

6. State of W. Va. v. Ray Lewis Delliner - 010271 - The petitioner, Ray L. Dilliner, challenges his jury conviction in the Circuit Court of Wood County of third offense driving under the influence of alcohol, a felony. The petitioner contends, inter alia, that the jury verdict was inconsistent with the answers the jury gave to the Circuit Court's special interrogatories. - Grant 3- 2, Davis & Maynard.

7. Gerald Borror v. Action Youth Care and James F. Johans - 010647 - Plaintiff appeals from the circuit court's order denying his motion for a new trial after a verdict was returned in favor of defendants in this action for wrongful termination. - Refused 3- 2, McGraw & Albright.

8. State of W. Va. v. James C. Smith, II - 010795 - (Life Without Mercy) - Petitioner seeks to appeal his conviction for murder, burglary, attempted aggravated robbery and first degree arson for which he received a sentence of life imprisonment without the possibility of parole. - Refused 3- 2, Starcher & Albright.

9. State of W. Va. v. Roger Paul Gelis - 010665 - (Life Without Mercy) Defendant appeals from his conviction for first degree murder. He was sentenced to life imprisonment without the possibility of parole. - Refused 3- 2, Starcher & Albright.

10. State of W. Va. v. Robert D. Copen - 010849 - (Life Without Mercy) Defendant appeals from his conviction for first degree murder. He was sentenced to life in prison without the possibility of parole. - Grant 3- 2, Davis & Maynard.