Argument Docket
Feb. 27

1. James W. Kessel, M.D., et al. v. Monongalia County General Hospital Co., et al. - 33096 - Plaintiffs appeal from the circuit court's order granting partial summary judgment in favor of defendants as to all State antitrust claims. The circuit court's order reflects that it was a final and appealable judgment and that there was no just reason for delay, but it refused to grant a stay.

2. State of W. Va. v. Gerald Thompson, Jr. - 33097 - Defendant appeals from his conviction on "attempting to operate or operating a clandestine drug lab."

3. SER Billy J. Jarrell, Jr. v. Hon. Eric O'Briant, Judge - 33249 - Petitioner seeks issuance of a writ of mandamus arguing that the circuit court has failed to act in a timely fashion upon his pending petition for writ of habeas corpus. - To be presented on briefs only without oral argument.

4. SER John A. Scites, Jr. v. Hon. Jay M. Hoke, Judge - 33250 - Petitioner whose direct criminal appeal of his conviction of Second Degree Sexual Assault was granted by this Court and remanded for consideration of error by the circuit court, seeks issuance of a writ of mandamus against circuit court to enter a final ruling on the issue remanded by this Court. - To be presented on briefs only without oral argument.

Argument Docket
Feb. 28

1. Eric Jason Brooks v. Galen of West Virginia, Inc., dba Greenbrier Valley Med Ctr. - 33207 - Petitioner appeals from a jury verdict in favor of the defendant-hospital on August 29, 2005. After trial, petitioner timely filed a Motion to Set Aside the Jury Verdict and Award the plaintiff a New Trial. The circuit court denied the motions on January 30, 2006.

2. State of W. Va. v. Julian R. Smith - 33171 - Defendant appeals from his conviction of aggravated robbery following a jury trial. He seeks a reversal on the basis of trial error. - Continued.

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