Jan. 23
10 a.m.
Motion Docket
Argument Docket

Jan. 24
10 a.m.
Motion Docket
Argument Docket

Jan. 25
Miscellaneous Petitions
Decision Conference
Opinion Conference
Administrative Conference

Argument Docket
Jan. 23

1. SER Erie Insurance Property & Casualty Co. v. Hon. James P. Mazzone, Judge - 33209 - Insurer seeks to prohibit enforcement of an order requiring production of its claim filed in a bad faith action.

2. SER Donald Darling v. Darrell V. McGraw, Attorney General, et al. - 33210 - Petitioner seeks to compel the Attorney General to pay compensation for a mental-mental injury not covered by workers' compensation.

3. SER Johnson & Johnson Corp., et al. v. Hon. Mark A. Karl, Judge, et al. - 33211 - Defendant below seeks to prohibit enforcement of an order denying its request to apply the "learned intermediary doctrine" to prescription drug cases.

4. SER Keith O'Dell McCourt v. Hon. Jack Alsop, Judge - 33213 - Petitioner seeks to prohibit prosecution of a 1994 indictment, where petitioner was not arrested until 2006.

5. SER Jeanette Packard v. Hon. Roger L. Perry, Judge, et al. - 33214 - Petitioner seeks to prohibit enforcement of an order relation to an award of medical expenses incurred prior to majority.

6. John Barbina, etc. v. Charles Curry, et al. - 33102 - Petitioner appeals the circuit court's granting of summary judgment in favor of respondents. The case involves a civil suit arising out of an infant being sexually abused by Charles Curry and the abuse being negligently reported, as well as her being delayed the receipt of services for years due to a systemic neglect.

Argument Docket
Jan. 24

1. R. E. Hamrick, Jr., M.D. v. Charleston Area Medical Center, Inc. - 33107 - R. Edward Hamrick, Jr., M.D. appeals from the circuit court's order granting summary judgment in favor of the Charleston Area Medical Center, Inc. The court held that under the Open Hospital Proceedings Act, the only governing body of CAMC is the Board of Trustees. Accordingly, the Board of Trustees is the only hospital body subject to the statute's open meetings requirement.

2. Carroll Eugene Humphries v. Thomas McBride, Warden - 33103 - Petitioner appeals the circuit court's denial of his Writ of Habeas Corpus request. Petitioner was convicted by a jury on July 30, 1999, of one count of felony offense of accessory before the fact to murder of the first degree, and one count of the felony offense of conspiracy to commit murder. - To be presented on briefs only without oral argument.

3. Gary Wolfingbarger v. Pricie Fern Wolfingbarger - 33094 - Petitioner husband appeals from the final order of the family court refusing to enforce the terms of a written property settlement agreement executed by the parties in connection with their divorce proceeding and from the circuit court's order upholding the family court's decision.

4. John Smith v. Dr. DJ Bradley, President, Fairmont State University - 33156 - Smith appeals the Circuit Court of Marion County's 10/20/05 Dismissal Order dismissing his FOIA case against Fairmont State University after it granted him substantial relief – copies of other professors' performance evaluations with only certain personal information redacted – in its 07/19/05 Opinion Order Denying Respondent's Motion for Summary Judgment. Also in the Opinion Order, the court denied Smith's request for attorney's fees and costs because he was a pro se litigant, who sought the other professors' performance evaluations primarily to advance his discrimination case against Fairmont State in Kanawha County.

5. SER Carl Foy v. Hon. Robert L. Holland, Jr., Judge - 33212 - Petitioner seeks to compel a ruling on a petition for habeas corpus. - To be presented on briefs only without oral argument.

6. SER Roundtree Goodman v. Hon. John W. Hatcher, Judge - 33217 - Dismissed.

7. State of W. Va. v. Anthony Ray Whitt - 33039 - Anthony Ray Whitt appeals his conviction for second degree murder.

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