September 9, 2008 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of s of West Virginia
Motion Docket
Tuesday, September 9, 2008
(votes taken on September 10)

1. State of WV v. Frank D. Foster - 080311 - Defendant appeals his conviction of fleeing from an officer in a vehicle causing injury and second offense DUI following a jury trial. He was sentenced to 1 to 5 years for the felony offense of fleeing from an officer in a vehicle causing injury and 1 year for the second offense DUI, those sentences to be served consecutively. Defendant raises procedural and evidentiary errors below. - Refuse 3 - 1, Starcher.

2. State of WV v. Troy Allen Coffman - 080360 - Defendant appeals from his convictions on various sex crimes. He was sentenced to 11 to 30 years in prison. Defendant challenges the circuit court's ruling refusing to suppress his confession. - Refuse 3 - 1, Benjamin.

3. State of WV v. Richard O. Rizk - 080571 - Petitioner, Richard O. Rizk, appeals his conviction of a felony count of distribution of a controlled substance and asserts that the failure of the State of West Virginia to disclose additional uncharged conduct of the confidential informant violates his right to due process of law under Article III, Section 14 of the West Virginia Constitution. - Refuse 3 - 1, Starcher.

4. Retail Designs, Inc. v. WV Dept. of Highways and One Gateway Associates, LLC - 080390 - Third-Party Plaintiff One-Gateway Associates, LLC, appeals the circuit court's adverse summary judgment order on the issue of whether One-Gateway is entitled to a right-of-way. - Refuse 4 - 0.

5. State of WV v. Michael J. Gleason - 080645 - Defendant appeals from his convictions for abduction with intent to defile, unlawful assault, attempted sexual assault in the second degree, and burglary. Defendant contends that the circuit court erred in denying a judgment of acquittal on the abduction with intent to defile, the unlawful assault, and the attempted sexual assault in the second degree and seeks a reversal. He also seeks a reversal of his burglary conviction and a remand of the case for trial upon that offense alone. Defendant seeks such other relief as this Court deems proper. - Refuse 4 - 0.

6. Pamela Gainer v. WV DHHR/Bureau for Children and Families - 080666 - DHHR appeals from the circuit court's order reversing the decision of the West Virginia Education and State Employees Grievance Board upholding DHHR's 4-day suspension of respondent without pay. Continued.

7. State of WV v. Eric Cleveland Murph - 080843 - Eric Cleveland Murph appeals his conviction for First Degree Robbery. He argues that the circuit court erred by refusing to give a jury instruction on Petit Larceny, a lesser included offense. - Refuse 4 - 0.

8. Jean Kennedy v. Michael J. Tupta, Jr. - 080652 - The ex-wife in a divorce case appeals asserting that the family court and circuit court undervalued a marital asset, i.e., a dental practice, and that the courts failed to award her sufficient spousal support. - Refuse 3 - 0, Benjamin not participating.

9. Jean Kennedy v. Michael J. Tupta, Jr. - 080845 - The ex-husband in a divorce case appeals asserting that the circuit court erroneously substituted its own judgment for that of the family court on the value of a dental practice, regarding the wife's health insurance, and when awarding attorney's fees to the wife, and that the circuit court erred when denying his request for attorney's fees incurred to defend himself against false accusations. - Refuse 3 - 0, Benjamin not participating.

10. Lenora Perrine, et al. v. E.I. duPont deNemours and Company, et al. - 080721 - Plaintiffs appeal from the circuit court's order granting in part and denying in part defendant DuPont's motion for partial summary judgment in this class action seeking medical monitoring, property remediation, and punitive damages. Plaintiffs assert that there were material questions of fact as to whether the contamination and injuries/damages due to the operation of a zinc smelter were contemplated by the original landowners and whether certain releases and easements executed in the 1920's provide immunity for those claims. Plaintiffs seek a reversal of the circuit court's order granting partial summary judgment in favor of defendants on the Property Class members' claims and request a remand for reinstatement and adjudication of those claims upon their merits. - Justice Benjamin disqualified. Judge Swope sitting by temporary assignment.- Deferred.

* Justice Albright did not participate in the consideration or decision of the cases on this docket.