Motion Docket
Tuesday, Feb. 28

1. State of W. Va. v. Miguel Delgado - 052178 - Petitioner was convicted of First Degree Murder by a jury in July of 2004. He was subsequently sentenced to life imprisonment with no possibility of parole. Petitioner requests a new trial or a judgment of acquittal.
2. Diana Martin v. Roger Lee Martin - 051887- Defendant appeals from the trial court's post-trial order denying defendant's motion to re-occupy certain real property, upholding the jury's verdict on the issue of ownership of that property, and granting a new trial on the issue of damages in this action seeking to quiet title.

3. State of W. Va. v. Norma Jean Saunders - 052427 - Norma Jean Saunders appeals her conviction upon conditional guilty plea of one count of a felony violation of the Solid Waste Management Act, W.Va. Code § 22-15-15(b)(4).

4. State of W. Va. v. Ronnie Rush - 052229 - Defendant appeals the transfer of his case to adult status and his ensuing convictions on two counts of manslaughter and one count each of first degree robbery, burglary, and conspiracy to commit burglary. Defendant seeks a reversal and a remand for a new trial.

5. Lackawanna Transport Co., dba Wetzel Co. Landfill & Compost Facility v. Wetzel County Solid Waste Authority - 052783 - Sewage composting facility appeals denial of a certificate of need.

6. Lackawanna Transport Co., dba Wetzel Co. Landfill v. PSC of WV & Herbert L. Heiss - 031210 - Landfill appeals PSC order requiring landfill to obtain a certificate of need.

7. Wetzel County Solid Waste Authority v. PSC of WV & Lackawanna Transport Company - 052796 - Solid waste authority seeks to compel the PSC to enforce its order denying a certificate of need.

8. State of W. Va. v. Valerie Whittaker - 051664 - Valerie Whittaker appeals her conviction for voluntary manslaughter.

9. State of W. Va. v. John Rodney Johnson - 052487 - John Rodney Johnson appeals his conviction for first degree murder without a recommendation of mercy.

10. Barry M. Heavner v. John M. Droppleman, David E. Boober, and Jason A. Laing - 052484 - Petitioner appeals a jury verdict finding in favor of the respondents. It is asserted that the verdict was contrary to the law and evidence presented at trial. Petitioner alleges that he was the victim of assault, battery and outrageous conduct by members of the West Virginia State Police.

11. Susan M. Jackson, Admx. for the Estate of Timothy J. Jackson v. Putnam County Board of Education - 052613 - Plaintiff administratrix appeals the circuit court's order granting summary judgment in favor of the defendant school board in a wrongful death case. Plaintiff asserts that the school board was negligent in failing to provide transportation for her son to a school event off of school grounds; her son was killed in an accident while riding in a private vehicle on the way back from the event.

12. State of W. Va. v. Alex Vincent Golosow - 052719 - Petitioner was convicted of First Degree Murder on May 5, 2003. On July 25, 2005, petitioner was sentenced to life imprisonment with no recommendation of mercy. On appeal, petitioner seeks a remand for re-trial.

13. Clarence D. Good, Jr. v. PNGI Charles Town Gaming Limited Liability Co., doing business as Charles Town Races & Slots, et al. - 052590 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants in this action for injunctive relief and damages for abuse of process, intentional infliction of emotional distress, defamation, and fraudulent misrepresentation.

14. State of W. Va. v. Anthony Ray Whitt - 052482 - Anthony Ray Whitt appeals his conviction for second degree murder.

Argument Docket
Tuesday, Feb. 28
State Capitol

1. Jeremy Bender, et al. v. Donald Ray Glendenning, Jr., et al. - 32862 - Plaintiff Bender appeals from the circuit court's order awarding summary judgment in favor of fourth-party defendant, Continental Casualty Company, on an insurance coverage issue.

Jeremy Bender, eta l. v. Donald Ray Glendenning, Jr., et al. - 32863 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of fourth-party defendant, Continental Casualty Company, on an insurance coverage issue.

2. Mayflower Vehicle Systems, Inc. v. Vincent E. Cheeks, & WV HRC - 32864 - Petitioner appeals from the circuit court's order affirming the decision of the Human Rights Commission in this discrimination action.

3. Alice Green Nutter v. Michael Wayne Nutter - 32765 - Mr. Nutter appeals the circuit court 04/24/04 Final Order of the Court addressing his child support obligation. The issue is: Whether the circuit court erred in not compensating Mr. Nutter for his annoyance and inconvenience, and for lost wages and benefits, after it found that the WVBCSE had been negligent in misapplying payments between the Wiblin and Nutter accounts.

4. SER Donald Gartin v. Gregory Burton, Comm'r, WCC - 32951 - Workers' compensation claimant seeks to compel administrative action on his hearing loss claim. - Dismissed.

5. SER Christopher Stout v. Hon. Jack Alsop, Judge - 32905 - Petitioner seeks a writ of mandamus to compel activity on his pending petition for habeas corpus. - To be presented on briefs only without oral argument.

6. SER Charles F. Prunty, Jr. v. Hon. Annette L. Fantasia, Family Court Judge - 32906 - Dismissed.

7. SER James O'Neal v. Circuit Court of Mingo County - 32907 - Dismissed.

8. SER Donald Estepp v. Hon. Alfred E. Ferguson, Judge - 32908 - Petitioner seeks to compel the circuit court to adjudicate a pending habeas corpus petition. - To be presented on briefs only without oral argument.

Argument Docket
Wednesday, March 1
WEST VIRGINIA UNIVERSITY COLLEGE OF LAW
Morgantown

1. Linda J. Haines, Beneficiary v. Pamela K. Kimble, Exex. - 32844 - Petitioner appeals from the circuit court's order affirming the ruling of the Hampshire County Commission, which refused to remove respondent as the executrix of the decedent's estate.

2. Shawn Pethel, aka Shawn Pethtel v. Thomas McBride, Warden - 32784 - he State of West Virginia by Warden Thomas McBride appeals the circuit court's order which granted Shawn Pethtel's petition for writ of habeas corpus, reversed a multi-count conviction, and dismissed the indictment with prejudice for a violation of the Interstate Agreement on Detainers.

3. In Re: Brandon Lee H. S. - 32872 - DHHR appeals from the circuit court's Contempt Order issued against DHHR in this abuse and neglect proceeding. The circuit court found that DHHR had failed to take action to alleviate the Child Protective Services staffing crisis existing in the Eastern Panhandle of West Virginia thereby by placing children at risk.

4. Warren Carter, et al. v. WV Consolidated Public Retirement Board - 32849 - Continued to March 28.

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