September
8, 2005
1. Warren Carter and Gerald Trembush v. West Virginia Consolidated Public Retirement Board - No. 050280.
The Retirement Board appeals from the circuit court’s order reversing the Board’s final administrative decision that respondents are not entitled to have lump sum payments for unused leave included as "salary" for the PERS final average salary calculation purposes.
Grant 5- 0
2. Mark A. Johnson v. Variform, Inc. - No. 051316.
The United States District Court for the Northern District of West Virginia certifies two questions regarding the law of promissory estoppel.
Refuse as Moot
3. Ruth Bonomi v. Taylor County Emergency Services Authority - No. 051114.
Plaintiff appeals from the circuit court’s order granting defendants’ motion to dismiss in this action for wrongful death and spoliation of evidence.
Refuse 3 - 2
[ Albright, C. J., Starcher, J. ]
4. Harold Petry, II v. F. Douglas Stump, Commissioner - No. 051134.
Petitioner appeals from the circuit court’s order denying his petition for writ of prohibition and mandamus and application for stay. Petitioner sought to prohibit respondent from holding a second hearing on the revocation of petitioner’s driver’s license following his arrest for DUI.
Accept To Motion Docket
5. Peggy Ann Mayhorn v. West Virginia Consolidated Public Retirement Board - No. 051143.
Petitioner appeals from the circuit court’s order affirming the respondent board’s administrative decision denying petitioner disability benefits from the Teachers Retirement System.
Grant 5- 0
6. State of West Virginia v. Clinton Hensley - No. 051157.
Defendant appeals from the circuit court’s order sentencing him to 1 to 10 years following his guilty plea to one count of forgery and 1 to 10 years for his guilty plea to uttering, those sentences to run consecutively.
Accept To Motion Docket
7. Mark Ash v. City of St. Albans and Kevin Dudding - No. 051158.
Plaintiff appeals from the circuit court’s order entering summary judgment in favor of defendants in his action for sexual harassment.
Accept To Motion Docket
8. Michael Paul Conn, Sr. v. William Fox, Warden - No. 051162.
Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. The circuit court stated that the relief sought by petitioner was not available in a habeas corpus proceeding and that petitioner had leave to file appropriate pleadings as might be available under the circumstances.
Accept To Motion Docket
9. State of West Virginia v. Jackie Wayne Hinchman - No. 051164.
Defendant appeals from the circuit court’s order denying his motion for home incarceration.
Refuse 4-1
[ Starcher, J. ]
10. State of West Virginia v. Randy Nicholas Parker - No. 051165.
Defendant appeals from the circuit court’s sentencing order following his guilty plea to three felonies. Defendant seeks a reversal of the sentencing order and a remand for further proceedings.
Refuse 4-1
[ Albright, C. J. ]
11. Edson R. Arneault v. Margaret B. Arneault - No. 051087.
Petitioner wife appeals from the circuit court’s order affirming the final order of the family court in this divorce proceeding.
Accept To Motion Docket
12. Morgantown Area Shop N Save v. H & W Home Repair, LLC, and Holbert McDonald - No. 051189.
Defendant and cross-claimant, H & W Home Repair, LLC, appeals from the circuit court’s order awarding it only $1,500 of the $5,000 in damages it sought from defendant and cross-claim defendant, Holbert McDonald, and H & W to pay approximately $906.63 to plaintiff, the Morgantown Area Shop N Save.
Refuse 5- 0
13. Cecil R. Carter v. Teays Valley Health Services, Inc. - No. 051274.
CERTIFIED QUESTION PRESENTED: Whether the Health Care Quality Improvement Act, 42 U.S.C.S. § 11101 (1986), provides immunity to a health care organization for claims brought by a patient asserting that a hospital negligently credentialed or privileged a physician, if a hospital has complied with the provisions of the Health Care Quality Improvement Act. Circuit Court’s Answer: No.
Accept To Motion Docket
14. In Re: Adoption of Tyler H. - No. 051030.
Petitioner appeals the circuit court’s order denying a motion for relief under Rule 60(b). Petitioner seeks to adopt a child who resided with him for several years while petitioner and the child’s biological mother lived together.
Accept To Motion Docket
15. ER Jerry Lee, Hess, Jr. v. Howard Painter, Warden - No. 051040.
Petitioner appeals the denial of his omnibus petition for a writ of habeas corpus. He was previously convicted of first degree murder without a recommendation of mercy.
Accept To Motion Docket
16. State of West Virginia v. Carl J. Meyers - No. 051085.
Defendant appeals his conviction for first degree robbery.
Refuse 4-1
[ Albright, C. J. Would Grant on Issues 4 & 5 ]
17. State of West Virginia v. Kimberly June Ramsey - No. 051086.
Defendant appeals the denial of her motion to suppress evidence after being convicted upon a conditional plea of guilty to possession with intent to deliver marijuana.
Refuse 3 - 2
[ Albright, C. J., Starcher, J. ]
18. Rita J. Cole v. John Zimmerman and State Farm Fire & Casualty - No. 051174.
The plaintiff and defendant in a personal injury action appeal the circuit court’s summary judgment order which declares that an insurance company has no duty to defend or indemnify the defendant because the defendant’s actions fall under an "intentional acts" exclusion to coverage.
Refuse 5- 0
19. Cynthia Watson v. Thomas Bonnell and West Virginia Department of Health and Human Resources - No. 051088.
Petitioner Thomas Bonnell appeals the circuit court’s order which held that a child support obligation had not been tolled during his incarceration.
Refuse 4-1
[ Starcher, J. ]
20. Cecil Pritt, et al. v. West Virginia Division of Corrections - No. 051089.
The Division of Corrections appeals from the circuit court’s order which reversed the order of the West Virginia Education and State Employee’s Grievance Board. The circuit court found that the Division of Corrections was engaging in discriminatory conduct by not awarding the same 5% raise to all correctional officers who complete an apprenticeship program.
Grant 3 - 2
[ Albright, C. J., Starcher, J. ]
21. Kathy M. Sloan v. Edward W. Sloan - No. 051090.
Husband in a divorce case appeals issues including spousal support, equitable distribution, the length of time for child support, etc.
Grant 5- 0
22. Donnita A. DeBerry v. Robin Michaele Lambert - No. 051112.
Plaintiffs in a personal injury action appeal from an adverse jury verdict and the circuit court’s denial of their post-trial motions.
Accept To Motion Docket
23. State of West Virginia v. William Dale Mullins, Jr. - No. 051113.
Defendant appeals his sentence of 5 to 43 years for convictions of 2 counts attempted grand larceny of automobile, 1 count of grand larceny of automobile, and 3 counts of breaking and entering.
Refuse 4-1
[ Starcher, J. ]
24. Belinda Billups, as guardian and next friend of Jacob Billups, an infant; Belinda Billups and Randy Billups, individually v. West Virginia University Hospital, Inc., a West Virginia corporation d/b/a West Virginia University Hospitals, d/b/a West Virginia University Children’s Hospital; Raleigh General Hospital, a West Virginia corporation d/b/a Columbia Raleigh General Hospital; Saraswathi Mohan, M.D.; and Petaiah Mohan, M.D. - No. 041713.
Plaintiffs appeal the circuit court orders which found that plaintiffs failed to comply with the pre-suit requirements for a medical negligence case and which granted the defendants’ motions to dismiss without prejudice.
Refuse 4-1
[ Starcher, J. ]
25. State of West Virginia v. Benny Gwinn - No. 051602.
Petitioner pleaded guilty to attempted murder in the second degree, and two counts of wanton endangerment. He was sentenced to the maximum consecutive sentences on January 24, 2005. Petitioner appeals by contending that because his conviction in Count 1 and Count 2 involves the same shot from the same firearm, he cannot be sentenced to consecutive sentences.
Accept To Motion Docket
26. Dennis Matheny v. Mason County Board of Education - No. 051209.
This case is an employment grievance where the petitioner is protesting the Mason County Board of Education’s recovery of overpayments of military leave. In the grievance process, an Administrative Law Judge denied the grievance. The Circuit Court affirmed the findings of the ALJ.
Refuse 5- 0
27. Stanley M. Ellison v. William R. Wooton - No. 051210.
This case involves a claim for money damages due to allegations of malpractice and conversion of a special deposit by a law firm. The court dismissed the case pursuant to W.V.R.Civ.P. 12(b)(6).
Accept To Motion Docket
28. State of West Virginia v. Kevin O’Neal Lacy - No. 051234.
Petitioner seeks the reversal of a felony conviction of transferring a Schedule II controlled substance in violation of Code §60A-4-401(a).
Refuse 3 - 2
[ Albright, C. J., Starcher, J. ]
29. In Re: Estalee De-Wanna Hornish - No. 051237.
In this adoption case, petitioner seeks to have this Court reverse an order entered by the Putnam County Circuit Court wherein the court denied a petition to adopt.
Refuse 3 - 1
[ Starcher, J. ]
[ Benjamin, J. Not Participating ]
30. Ronald Scott Russell v. West Virginia State Police and Mark Sorsaia, Prosecutor - No. 051242.
The petitioner is required to register as a sex offender pursuant to a plea entered prior to the date of the Sex Offender Registry Act. Petitioner contends that he is not a predator as defined in the Code under the Act and that the requirements are erroneous in light of his age when he entered the plea. The court denied the request for exemption.
Refuse 4-1
[ Starcher, J. ]
31. Scott Roy and Jena Roy v. Kenneth E. D’Amato, D.O. - No. 050112 .
This appeal involves the dismissal of a medical malpractice lawsuit on the basis that petitioners did not provide respondent with proper notice of claim pursuant to West Virginia Code §55-7B-6(b). Petitioners sought relief pursuant to Rule 59(e) of the West Virginia Rules of Civil Procedure, but their request was denied.
Grant 4-1
[ Maynard, J. ]
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