WEST VIRGINIA RECORD

Motion Docket
Jan. 9

1. Donald L. Brown v. Public Service Commission of W. Va. - 062718

2. SER Darrell V. McGraw, Jr., Attorney General v. Warrick Pharmaceuticals
Corp., et al. - 062114 - The Attorney General appeals the circuit court's order denying a motion for new trial. The AG unsuccessfully asserted at a jury trial that Warrick Pharmaceuticals Corporation illegally reported inflated prices for certain drugs to a pricing compendium that is relied upon by State agencies to determine prescription drug reimbursement rates.

3. Clinton San Francisco & Jessie San Francisco v. Wendy's International, Inc. - 061900 - Petitioners appeal a lower court order granting summary judgment in favor of the defendant, Wendy's International. The underlying civil action sought damages for alleged food poisoning following the ingestion of a hamburger sold by the respondent.

4. Davis Memorial Hospital v. Virgil T. Helton, Acting State Tax Commissioner of W. Va. - 062199 - This is a civil appeal by the Acting State Tax Commissioner seeking the reversal of the March 21, 2006 Order of the Circuit Court which reversed a December 16, 2004 decision from the West Virginia Office of Tax Appeals and ruled that the Respondent was entitled to a refund of the consumers sales and service tax and use tax it had paid pursuant to its bulk purchases of drugs.

5. State of W. Va. v. Andrew Scott Perry - 062099 - Petitioner appeals sentence of life without mercy upon plea of guilty to first degree murder.

6. SER Darrell V. McGraw, Jr., Attorney General v. Johnson & Johnson, Janssen Pharmaceutica Products, L.P., Janssen Pharmaceutica, Inc. - 062154 - Defendants below appeal an order dismissing a counterclaim against the Attorney General over the use of private counsel as special Assistant Attorney's General.

7. State of W. Va. v. Stephen M. Gaultney - 062259 - Defendant was convicted of first degree murder with mercy and three counts of wanton endangerment involving a firearm. Defendant appeals his convictions and asserts instructional error and the State's failure to prove elements of the crime.

8. Stacey A. Strum & Nicole A. Elliot, Co-Admins. of the Estate of Cheryl Ann Kettlewell v. State Farm Mutual Automobile Insurance Co. - 062252 - Defendant insurance carrier appeals from the circuit court's order granting summary judgment in favor of plaintiffs regarding underinsured motorist coverage.

9. Sammy Lee Davis, Sr. v. Thomas McBride, Warden - 062297 - Sammy Lee Davis, Sr. appeals the denial of his post-conviction petition for habeas corpus. He was previously convicted of first degree murder with a recommendation of mercy, sexual assault of a spouse, two counts of aiding and abetting sexual assault, conspiracy to commit murder, and conspiracy to commit sexual assault.

10. State of W. Va. v. Donald Brewer - 062335 - Petitioner appeals from his sentence to serve twelve months in a regional jail after his Rule 11(a)(2) plea of nolo contendere to involuntary manslaughter as charged in the indictment. Petitioner argued below that the Indictment was not sufficient.

Argument Docket
Jan. 9

1. State of W. Va. v. Marjorie Virginia Green - 33200 - Defendant appeals from her convictions on two counts of negligent homicide following a jury trial. Defendant seeks to have her verdict set aside and a judgment of acquittal entered.

2. SER Stephanie Sue Gibson v. Hon. John S. Hrko, Judge, et al. - 33203 - Criminal defendant seeks to enforce a plea agreement and prohibit a trial set to commence on October 10, 2006.

3. In Re: Austin G. and Breona R. - 33134 - Father appeals termination of his parental rights, arguing that termination was not justified and arguing that the circuit court erred in denying post-termination visitation.

4. Donna M. Murray v. Straub Honda Hyundai - 33099 - Murray filed an action against Straub Honda Hyundai, an auto body shop, "alleg[ing] that an employee of the Defendant forged the Plaintiff's signature on a check made payable to both the Plaintiff and the Defendant from State Farm Fire and Casualty Company in the amount of $1,523.60

5. Lawyer Disciplinary Board v. A. Wayne King - 32974 - The Court will hear argument in this lawyer disciplinary matter.

6. SER Lillie Mae Trail v. Hon. Jay Hoke, Judge - 33196 - The petitioner seeks a habeas after her 1997 conviction of First Degree Murder where she was sentenced to life without mercy. - To be presented on briefs only without oral argument.

7. SER David Walker v. Hon. John Hutchison, Judge - 33197 - Dismissed.

Argument Docket
Jan. 10

1. John Barbina, etc. v. Charles Curry, et al. - 33102 - Continued to Jan. 23.

2. Daniel R. Strahin v. Earl Sullivan, et al. - 33091 - Plaintiff Daniel Strahin appeals the circuit court's order granting summary judgment in favor of Farmers & Mechanics Insurance Company of West Virginia, Inc. on plaintiff's Shamblin v. Nationwide claim which had been assigned by the defendant Earl Sullivan. The court found that because a pre-trial Covenant Not to Execute between the plaintiff and the defendant insured meant that the insured's personal assets were no longer at risk, then there can be no Shamblin claim.

3. Terry R. Mace, et al. v. Ford Motor Co., et al. - 33080 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of the defendant insurance company in this action for the negligent spoliation of evidence.

4. State of W. Va. v. Allen D. Waugh - 32773 - Petitioner appeals jury conviction for second degree murder.