Supreme Court of Appeals of West Virginia

      Argument Docket    

Wednesday, September 6, 2000

1. State of W. Va. v. Carl E. Lockhart -  27053 - This appeal by the petitioner, Carl E. Lockhart, is a follow up to State v. Lockhart, 200 W.Va. 479 (1997), wherein this Court remanded the case to the Circuit Court of Wood County to afford the petitioner an opportunity to develop the record with regard to the insanity defense of Dissociative Idenity Disorder. Prior to the remand, the petitioner's various sentences with regard to the events at issue included confinement in the penitentiary for life. The petitioner contends that the evidence submitted upon remand was such that the Circuit Court should have awarded him a new trial.

2. State of W. Va. v. Melody Lynn Onapolis 27060 - No summary available. 

3. The Estate of Marjorie I. Verba, by Sally Jo Nolan, Exex. v. David A. Ghaphery, M.D 27464 -  Plaintiff appeals from the circuit court's order reducing the verdict in this medical malpractice action pursuant to the medical malpractice cap of W.Va. Code 55-7B-8. Plaintiff seeks a reinstatement of the full verdict. (1) Whether W.Va. Code 55-7B-8 is unconstitutional under the equal protection, right to trial by jury, open court and certain remedy, separation of powers, due process and special act clauses of the West Virginia Constitution?

4. Erin Smith v. Animal Urgent Care, Inc., et al.  - 27058 - No summary available. 

5. Stephen Kubiczky v. Wesbanco Bank Wheeling, Exex., et al.  - 27665 - The petitioner, Stephen Kubiczky, appeals from a judgment entered in the Circuit Court of Ohio County in favor of respondents Anna Harmath Kovacs and Helen Harmath Laitos. The two respondents are sisters and, along with a third sister, were beneficiaries under the residuary clause of a will. The third sister predeceased the testator. The petitioner, as the sole descendant of the third sister, contends that the Circuit Court erred in not allowing him a 1/3 share of the residuary estate.

6. Nina R. Harbaugh, Admx. v. Christopher Coffinbarger, et al.  - 26557 - The petitioner, representing the estate of an 18 year old killed by way of a handgun while attending a pa rty, appeals from an order entered in the Circuit Court of Berkeley County granting summary judgment in favor of the respondents. The respondents include the parents of the individual who brought the handgun to the party and the owners of the home where the party took place. Issues Presented - Whether the circuit court committed error in granting summary judgment in favor of the respondents. Continued. 

7. Lawyer Disciplinary Board v. Marc P. Turgeon  - 25189 - This three-count disciplinary action arises out of Respondent Marc Turgeon's representation of three individuals. Count I concerns his representation of Harold Douglas Gunnoe in two murder trials in Kanawha County. On Count I, the Hearing Panel Subcommittee (HPS) found that respondent's representation on Mr. Gunnoe fell below the minimum level of competence required by the Rules of Professional Conduct. Specifically, the HPS found that respondent violated Rules 1.1, 3.3(a)(1), 3.3(a)(4), 3.5(c) and 8.4(d)with regard to his representation of Mr. Gunnoe. Count II relates to his representation of Ronald Wooding on federal drug and weapons charges. The HPS made similar findings with regard to respondent's representation of Mr. Wooding, determining that violations of Rules 1.1, 1.2(a), 1.3, 1.4(b) and 8.4(d) had occurred. Count III involves representation of James Ballard in a civil action. The HPS found that respondent made false statements in pleadings filed in that civil action, and concluded that respondent had violated Rules 8.2(a) and 8.1(b). Continued. 

8. Lawyer Disciplinary Board v. John E. Artimez  - 25804 - Lawyer Disciplinary Board petitions the Court to 1) affirm the agreed findings of the Hearing Panel Subcommittee that Respondent's written agreement to pay money to a client in return for that client not filing any malpractice or disciplinary actions against Respondent for having an affair with the client's wife, violated Rule 8.4(d) of West Virginia Rules of Professional Conduct; 2) omit a conclusion that Respondent violated Rule 1.7(b) of the West Virginia Rules of Professional Conduct for his relationship with a client's wife; and 3) publicly reprimand Respondent for the Rule 8.4 violation. 
To be presented on briefs only without oral argument.

9. SER Michael D. Brooks, Sheriff v. Hon. Kendrick King, Judge  - 27752 -  Michael Brooks, Sheriff of McDowell County, petitions for a Writ of Prohibition seeking to prohibit the respondent Judge from enforcing an administrative order requiring the Sheriff to provide beverages to jurors at the Sheriff's expense. Issues Presented - Whether this Court should issue a Writ of Prohibition to restrain Judge King from enforcing the administrative order entered May 12, 2000 directing the Sheriff's office to provide a beverage before lunch and a beverage after lunch to each juror serving in Judge King's court. To be presented on briefs only without oral argument.

10. SER Florence E. Love, et al. v. William F. Vieweg, Comm’r -  27754 - Florence Love and others seek a writ of mandamus and an award for attorney fees directed against the WV Workers' Compensation Commissioner for a deliberate failure to enter necessary protestable orders in their workers' compensation claims. Dismissed.

11. SER Taulanna M. Judy v. William F. Vieweg, Comm’r  - 27753 - No summary available. 
Dismissed.

12. SER Kenneth Edward Chance, Jr. v. Hon. Tod J. Kaufman, Judge  - 27760 -  Chance, pro se, seeks a writ of mandamus to compel Judge Kaufman to rule upon motions pending since 2/23/99 in Chance v. Painter, Civil Action No. 99-Misc-58 (Kanawha County Circuit Court.) Grant (5-0), unless sooner mooted.- Dismissed.

13. SER Roy T. Withrow v. Hon. Herman G. Canady, Jr., Judge  -  27761 - Withrow, pro se, seeks a writ of mandamus to compel Judge Herman G. Canady, Jr. to rule upon Withrow's Motion to Reconsider his Sentence filed on 9/12/96. On 2/22/00, Withrow requested, by letter, that Judge Canady rule upon his Motion to Reconsider his Sentence. As of 5/24/00, this motion was still pending before Judge Canady.  Dismissed.

14. SER John McLaurin v. Hon. Herman G. Canady, Jr., Judge  - 27762 - McLaurin, pro se, seeks a writ of mandamus compelling Judge Canady to show cause why he has not appointed him counsel, allowed discovery or held a post-conviction omnibus evidentiary hearing in this case. Dismissed.

15. SER Marjorie Louise Webb v. Hon. Charles E. McCarty, Judge  - 27765 - Webb petitions for a Writ of Prohibition and/or Mandamus, seeking to 1) prohibit the Respondent Judge from requiring the petitioner to proceed to trial on June 6, 2000; 2) prohibit the Respondent Judge from requiring the Petitioner to stand trial on the charge of 3rd Offense Shoplifting, as charged in the indictment, and ordering that the first and second offenses for shoplifting alleged therein be stricken from the indictment; 3) requiring the Respondent Judge to allow the Petitioner to complete the psychiatric examination as previously ordered by the Respondent Judge; 4) require the Respondent Judge to rehear the issue of the validity of the first two shoplifting charges as contained in the indictment; and 5) "Enter and order staying the circuit court trial set for June 6, 2000, until such time as the issues herein set forth can be resolved.  To be presented on briefs only without oral argument.

16. SER Terry Ryan v. Hon. Robert B. Stone, Judge, et al.  - 27774 - Ryan petitions for Writ of Mandamus seeking to compel Judge Stone to rule upon a matter submitted for decision in September, 1998. Issues Presented - Whether this Court should issue a Writ of Mandamus compelling Judge Stone to rule on the DNA issue that has been before that court since August 27, 1998. Dismissed.

17. SER Brandon Lee Beverly v. Lucy Legg, Court Reporter - 27829 - Beverly petitons this Court for a Writ of Mandamus, seeking to compell Repondent Legg, court reporter for the Circuit Court of Boone County, to produce the transcript of the trial on December 14, 1999 in connection with the proceedings pending before the Honorable Judge E. Lee Schlaegel, Jr. styled State of WestVirginia v. Brandon Lee Beverly; Criminal Case No 99-F-80.  To be presented on briefs only without oral argument.

18. SER David N. Murray v. Hon. David M. Sanders, Judge - 27830 - No summary available. 

19. SER Darrell Lee Guthrie v. Hon. E. Lee Schlaegel, Jr., Judge  - 27809 - Guthrie sees a writ of mandamus seeking to compel Judge Schlaegel to take action in his pending writ of habeas corpus petition. Guthrie also seeks Reconsideration of his Sentence or a Reduction of his sentence.  Dismissed.

20. SER Henry C. Wilks v. Hon. Jay M. Hoke, Special Judge  - 27810Wilks, pro se, seeks a writ of mandamus seeking to compel Judge Hoke to rule on his Habeas Corpus Petition filed on 3/15/99 in the Circuit Court of Wayne County.  To be presented on briefs only without oral argument.

21. SER Ronald Dee Carpenter v. Hon. Paul Zakaib, Judge  - 27811 -  Carpenter, pro se, seeks a writ of mandamus seeking to compel Judge Zakaib to hold a final hearing based upon his pending Motion to Schedule Status Conference and to order Judge Zakaib to rule upon his pending Motion for Habeas Corpus relief.  Dismissed.

22. SER Ronald A. Holcomb v. Hon. Charles E. McCarty, Judge  - 27812 -  Holcomb, pro se, seeks a writ of mandamus to compel the Jackson County Circuit Court to rule upon his Motion for Reduction of his Sentence, which has been pending since 12/10/99. - Dismissed.

23. Holly O. Bine, et al. v. David C. Owens, et al.  - 27685Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendants. Plaintiffs seek a reversal of the circuit court's order and a remand of this action back to the circuit court.

24. Jennings Miller v. County Commission of Boone County, et al. v. Roger I. Weaver - 21899 - No summary available. 

Thursday, November 08, 2001 01:04 PM