Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, September 8, 2004
1. State of W. Va. v. Harry David Leonard - 040145 - Petitioner appeals his conviction for first degree murder without a recommendation of mercy. - Grant 4 - 1, McGraw.
2. James Russell v. Verizon and Charles Albertson - 040229 - Plaintiff appeals from the circuit court's order granting summary judgment to defendants in a reverse race and gender discrimination case. - Refuse 5 - 0.
3. IPI, Inc. v. Gregory A. Burton, Acting Commissioner, WV Bureau of Employment
Programs, Workers’ Compensation Division - 040247 - Petitioner appeals from the circuit court's order affirming the administrative agency decision that reclassified and then succeeded workers' compensation and unemployment compensation premiums, interests and penalties to
petitioner. - Grant 4 - 1, McGraw.
4. Cynthia Stanley, et al. v. Department of Tax & Revenue and The Division of
Personnel - 032846 - The State Department of Tax and Revenue petitions for appeal from the circuit court's order which requires the Department to pay $1,500 in attorney's fees for each employee who succeeded in a combined state employees grievance case, for a total of $10,500 in attorney's fee. The Department argues that the statute authorizes a maximum of $1,500 for the case. -
Grant 3 - 2, Davis & McGraw.
5. James W. Arnazzi v. Quad/Graphics, Inc., and Robert Knighten - 040380 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants in this deliberate intent action brought pursuant to W.Va. Code §23-4-2(c)(2)(ii). - Grant 3 - 2, Maynard & Davis.
6. State of W. Va. v. Joshua Eli Brown - 040418 - Petitioners appeals his convictions for malicious wounding and conspiracy to commit malicious wounding. - Refuse 5 - 0.
7. State of W. Va. v. Denver A. Youngblood, Jr. - 040540 - Petitioner is appealing his conviction for delivery of a controlled substance following a jury trial in the Circuit Court of Morgan County. Petitioner is seeking a reversal of his conviction. - Refuse 3 - 2, Starcher & Albright.
8. Webster County Solid Waste Authority v. Brackenrich & Associates, Inc.; Kanawha Stone Co.; Nationwide Mutual Fire Insurance Co.; Nationwide Mutual Insurance Co. - 040786 - Petitioner files a direct appeal from the circuit court's decision finding that the defendant-engineer's insurance policies did not obligate the defendant-engineer's insurance carrier, Nationwide Mutual Fire Insurance Company, to defend and indemnify the defendant-engineer for the plaintiff's and co-defendant's claims against the defendant engineer.
- Grant 5 - 0.
9. Webster County Solid Waste Authority v. Brackenrich & Associates, Inc.; Kanawha Stone Co.; Nationwide Mutual Fire Insurance Co.; Nationwide Mutual Insurance Co. - 040787 - Petitioner files a direct appeal from the circuit court's granting of summary judgment in favor of Nationwide Insurance. The petitioner had filed a declaratory judgment action pursuant to West Virginia Code 55-13-1 and Rule 57 of the West Virginia Rules of Civil Procedure, asking the court to adjudge and declare whether certain Commercial General Liability insurance policies issued to Respondent provide coverage to petitioner and Webster County Solid Waste Authority. - Grant 5 - 0.
10. State of W. Va. v. Justin Truax - 040718 - Petitioner appeals from the circuit court's orders denying his motion for probation or alternative sentence and committing him to the penitentiary for two consecutive terms of 1 to 5 years. Petitioner was convicted of two counts of third degree sexual assault. - Refuse 5 - 0.
Home | Opinions
| Site Map | Law
Library | Rules | Staff | Site
Search | Terms of Use