Motion Docket
Tuesday, May 22

1. In the Matter of Benjamin J. Hill, a child under 18 years of age - 070331 - Benjamin J. H. appeals the circuit court's order transferring his juvenile case to the court's adult criminal jurisdiction.

2. In Re: Emery Williams, an alleged protected person - 070372 - Petitioner Billy R. Williams appeals the circut court's order which adopted the mental hygiene commissioner's recommendation that respondent Ethel Cantley be appointed as guardian and conservator for his brother, a protected person. Petitioner, who is the protected person's son, asserts that he should have been appointed instead.

3. Eagle Research Corp. v. Emerson Electric Co. Daniels Industries,Inc., and Daniels Measurement Services, Inc. - 070374 - Petitioner appeals from a judgment of $12,693,345 for Eagle Research Corporaton. Petitioner submits that this Court should set aside the judgment.

4. Eagle Research Corporation v. Daniels Measurement Services, Inc. - 070375 - The jury in this case returned a verdict in favor of Eagle Research Corporation against all defendants. Based on post trial motions filed by the defendants, the trial court reduced damages for breach of the $4,000,000 purchase contract and reduced the jury's verdict by $1,897,915.46. Eagle Research Corporation requests that this Court grant its appeal and reinstate the jury's award of $1,897,915.46 for lost profits on the sale of communication devices and ten percent for interest.

5. Frank A. Savarese v. Allstate Insurance Co., Kim Jozsa, Lashwanda Carter & Kira Hill - 070490 - Plaintiff appeals the circuit court's order dismissing his lawsuit without prejudice for lack of subject matter jurisdiction. The lawsuit asserts first party bad faith and related claims.

Argument Docket
Tuesday, May 22

1. Sally Black, Exex., Estate of Charles A. Black, et al. v. CSX Transportation - 33218 - Plaintiff, wife/executor of deceased railroad worker's estate in case involving allegations of asbestos induced colon cancer, appeals circuit court order entering judgment for defendant railroad based upon defense verdict following trial.

2. State of W. Va. v. Jeremiah David Mongold - 33222 - Jeremiah David Mongold appeals his conviction for "Death of a Child by Custodian as a Result of Child Abuse" for which he was sentenced to 40 years in prison.

3. Heather C. Washington v. Charles D. Washington - 32980 - Petitioner husband appeals from the circuit court's order dismissing the petition for appeal as untimely. Petitioner seeks a remand to the circuit court with directions that it make a finding that the appeal was timely filed and to consider the appeal on the merits. - Continued.

4. SER Robert Joe Blake v. Circuit Court of Wetzel County - 33316- Petitioner seeks a writ of mandamus to require the circuit court to take action on his habeas petition. - To be presented on briefs only without oral argument.

5. SER Oscar Finley v. Hon. Alfred Ferguson, Judge - 33318- Defendant seeks issuance of a writ of mandamus arguing that circuit court has failed to rule upon his pending motions for appointment of counsel in underlying habeas corpus action. - Dismissed.

6. SER David S. Branham v. Hon. Irene C. Berger, Judge - 33319 - Dismissed.

7. Andrew Moten v. Commissioner, WV Department of Motor Vehicles - 33220 - Petitioner seeks an appeal from the Raleigh County Circuit Court which denied a Motion for Reconsideration and in the alternative, the Motion for Relief from Judgement entered on February 10, 2006.

8. W. Va. Mandatory Continuing Legal Education Comm. v. Danita S. Alt, et al. - 33283 - To be presented on briefs only without oral argument.

9. 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.

Rehearing Conference
May 23

1. Schrader Byrd & Companion, P.L.L.C. v. Francis G. Marks, et al., No. 33184. (W.Va. Feb. 13, 2007) (Starcher, J.) (Maynard, J. dissents) (Albright, J. concurs) (Benjamin, J. dissents).

Writ Conference
Thursday, May 24

1. State of West Virginia v. Teddy D. Hall , No. 071118 (Filed 4/17/07)
Defendant, convicted of Battery following bench trial, appeals circuit court order denying his appeal, arguing that the Magistrate court erred when it excluded from consideration the testimony of Defendant's only witness, resulting in the violation of Defendant's constitutional rights to Due Process and Fair Trial.

2. State of West Virginia v. Randy Crabtree, No. 071136 (Filed 4/18/07)
Defendant, convicted of multiple violations dealing with lack of car inspection, car insurance, car registration, car license as well as failure to have a valid driver's license, appeals circuit court order sentencing him to serve jail time as well as pay fines plus costs, arguing that the imposition of such punishment is an unconstitutional restriction on his right to free travel.

3. State of West Virginia v. James E. Williams, No. 071357 (Filed 5/2/07)
Defendant, convicted of Aggravated Robbery by guilty plea, appeals circuit court order sentencing him to serve eighty (80) years, arguing improper and disproportionate sentencing.

4. State of West Virginia v. Timmy Tackett, No. 071360 (Filed 5/2/07)
Defendant, convicted of Larceny by guilty plea, appeals circuit court order sentencing him to serve 1-10 years in prison, arguing that the circuit court erred in denying his motion for alternative or lesser sentence.

5. Estate of Shawn Collingwood v. O'Brien's Rent All & Sales, et al., No. 070891 (Filed 3/23/07)
Plaintiffs in wrongful death action appeal circuit court order granting Defendants' motion to dismiss based upon forum non conveniens and dismissing the suit without prejudice with leave to re-file in Pennsylvania.

6. Jessie Meekins v. Hampshire County Board of Education, No. 071008 (Filed 4/3/07)
Plaintiff appeals circuit court order dismissing her personal injury action against board of education based upon governmental immunity set forth in W.Va Code Section 29-12A-5(a) (6) pertaining to snow and ice in its natural condition.

7. John Fields, Jr. v. Thomas McBride , No. 071018 (Filed 4/5/07)
Habeas petitioner appeals circuit court order denying his habeas corpus petition following omnibus hearing.

8. Donald Kormanik v. West Virginia University Bd. of Trustees, No. 071078 (Filed 4/12/07)
University Board of Trustees appeals circuit court order reversing Administrative Law Judge Decision which denied employee's grievance based upon his assigned classification.

9. Ronald Neil Robinson v. Wells Fargo Home Mtg., No. 071249 (Filed 4/25/07)
Defendant below appeals circuit court order denying its post-trial motion for judgment as a matter of law and entering judgment which included an award of attorneys fees and costs to the Plaintiff.

10. SER Eric Scott Higginbotham v. William Fox, Warden, No. 070913 (Filed 3/26/07)
Defendant seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel and involuntary guilty plea.

11. SER Dwight Keefer v. Jerry Detrick, Warden, No. 071064 (Filed 4/5/07)
Prisoner seeks issuance of a writ of habeas corpus, arguing that his incarceration is improper given the hardship on his family and arguing that the circuit court was prejudiced due to the nature of the case.

12. SER James Pauley v. John McKay, Administrator, No. 071074 (Filed 4/11/07)
Petitioner, pro se, seeks issuance of a writ of habeas corpus, arguing that his constitutional right to counsel was denied in his underlying criminal case when he was sentenced to serve 2 to 10 years in prison by circuit court.

13. SER Shawn W. Hill v. Thomas McBride Warden, No. 070947 (Filed 4/18/07)
Defendant seeks issuance of a writ of habeas corpus arguing involuntary guilty plea based upon police misconduct.

14. SER Eugene Blake v. Teresa Waid, Warden, No. 070948 (Filed 1/11/07)
Defendant seeks issuance of a writ of mandamus arguing that he should be housed in a single cell.

15. SER James T. Pugh v. Hon. James Mazzone, Judge, No. 070916 (Filed 3/26/07)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court failed to honor his reservation of right to seek reduction of sentence in his plea agreement.

16. SER John Christian v. Wood County Circuit Court, No. 070957 (Filed 3/29/07)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to rule in a timely manner on pending motion for new counsel.

17. SER James Berry, Sr. v. Wayne County Circuit Court, No. 071104 (Filed 4/3/07)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to timely rule upon pending motions and Petition for Writ of Habeas Corpus.

18. SER Walter F. Agee v. Mineral County Circuit Court, No. 071073 (Filed 4/11/07)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court will not provide him with grand jury minutes or a copy of his criminal file.

19. SER Carolyn Slone v. WV Board of Probation and Parole, No. 071098 (Filed 4/12/07)
Petitioner, convicted of Delivery of a Schedule II Controlled Substance and sentenced to an indeterminate term of 1 to 15 years, seeks issuance of a writ of mandamus seeking to compel the WV Board of Probation and Parole to interview her for parole or release her from confinement.

20. SER Brent E. Hanselman v. James Rubenstein, DOC Commissioner, No. 071115 (Filed 4/12/07)
Petitioner seeks a writ of mandamus to transfer to a DOC facility.

21. SER Ernest Pauley v. Boone County Circuit Court, No. 071156 (Filed 4/18/07)
Defendant seeks issuance of a writ of mandamus arguing unreasonable delay in the litigation of underlying habeas petition.

22. SER James Dale Duncan v. Hon. James Stucky, No. 071330 (Filed 4/30/07)
Defendant seeks issuance of a writ of mandamus against circuit court arguing untimely delay in underlying habeas matter.

23. SER Dean Gamble v. Fayette County Circuit Court, No. 071176 (Filed 4/20/07)
Defendant seeks issuance of a writ of prohibition arguing that the circuit court is prejudiced by prior contact with him.

24. In the Matter of: Josie M. B. and Elijah N. B., No. 070920 (Father's Appeal) (Filed 3/27/07)
Father who previously entered into a voluntary relinquishment of parental rights appeals circuit court order denying his petition for restoration of his parental rights.

25. In the Matter of: Payton Renee L., No. 070993 (Father's Petition) (Filed 4/3/07)
Father appeals circuit court order placing his child in the permanent legal and physical custody of maternal grandmother and prohibiting unsupervised contact with child.

26. In the Matter of: Benjamin, Billy and Joseph K., No. 070995 (Filed 4/5/07)
Father appeals circuit court order denying his request for visitation with children.

27. In the Matter of: Caleb G. E. and MacKenzie B. E., No. 071021 (Filed 4/6/07)
Mother appeals circuit court order terminating her parental rights.

28. In the Matter of: Caleb G. E. and MacKenzie B. E., No. 071120 (Filed 4/17/07)
Father appeals circuit court order terminating his parental rights.

29. In the Matter of: Cadence Zane C., No. 071063 (Filed 4/10/07)
Mother appeals circuit court order terminating her parental rights following her conviction for Second Degree Murder of father.

30. In the Matter of: Matthew K. & James K., No. 071150 (Filed 4/19/07)
Mother appeals circuit court order terminating her parental rights.

31. In the Matter of: Amanda, Shannon, Andrea, Christopher, Timothy, James, Jonathon, Sylvia, and Brandon, No. 071185 (Filed 4/23/07)
Father appeals circuit court order terminating his parental rights.

32. In the Matter of: Amanda, Shannon, Andrea, Christopher, Timothy, James, Jonathon, Sylvia, and Brandon, No. 071385 (Filed 5/8/07)
Mother appeals circuit court order terminating her parental rights.

33. State of West Virginia v. Billy Vance Jordan, No. 070927 (Filed 3/28/07)
Petitioner seeks an appeal of his conviction for brandishing and wanton endangerment. He challenges only the brandishing charge.

34. State of West Virginia v. Dennis G. Buchanan, No. 071079 (Filed 4/12/07)
Petitioner seeks an appeal of the circuit court's order that denied his post-trial motions for a new trial following his convictions for two (2) counts of brandishing and one (1) count of assault on a police officer.

35. State of West Virginia v. Daniel Jones, No. 071246 (Filed 4/25/07)
Petitioner seeks an appeal of the circuit court's order that denied his criminal appeal from his conviction in magistrate court for obstructing an officer.

36. State of West Virginia v. Nicole Cox, No. 071332 (Filed 5/1/07)
Petitioner seeks an appeal of the circuit court's denial of her Rule 35 motion for a reconsideration of sentence.

37. Scott A. Snyder v. Ivan W. Swick, Jr., No. 070917 (Filed 3/22/07)
Petitioner seeks an appeal of the circuit court's order that denied his motion to reconsider judgment in an adverse possession case.

38. SER Randall F. Belcher v. Richard L. Agee, No. 071081 (Filed 4/12/07)
Petitioners seek an appeal of the circuit court's order (December 5, 2006) that denied their motion to alter or amend the order entered on November 20, 2006, where the court had found that the Petitioners would receive "good and marketable title" and dismissed the case.

39. SER Dennis Hubbard v. James Huppenthal, Administrator, No. 063559 (Filed 11/22/06)
Petitioner claims he was convicted falsely and no appeal has been filed for him by the Public Defenders Office.

40. SER Donald Grant Cosner v. Jerry Detrick, Administrator, No. 070300 (Filed 1/17/07)
Petitioner seeks credit for time served.

41. SER Charles R. Kilmer v. Thomas McBride, Warden, No. 071045 (Filed 4/16/07)
Petitioner seeks habeas relief from his conviction and sentence for 1st degree murder.

42. Harvey P. Short v. John McKay, Administrator, No. 071309 (Filed 4/26/07)
Petitioner seeks to be released from confinement or to have a prompt trial without anymore delays.

43. SER James G. Woodson v. Kevin Hanson, Pros. Atty, Greenbrier, No. 071015 (Filed 3/21/07)
Petitioner seeks a writ of mandamus ordering that he be re-indicted.

44. SER John Black v. Connie L. Cook, Ct. Reporter, No. 071061 (Filed 4/10/07)
Petitioner seeks writ of mandamus to require the court reporter to complete the transcripts of his plea and sentencing hearings.

45. SER Hubert Lusk v. Ritchie County Circuit Court, No. 071071 (Filed 4/11/07)
Petitioner seeks a writ of mandamus to compel the circuit court to set a timetable for briefs and motions, to order the circuit court to require his attorney to respond to him and to appoint a private investigator.

46. SER Joseph N. Toliver v. Kanawha County Circuit Court, No. 071072 (Filed 4/11/07)
Petitioner seeks writ of mandamus to compel the circuit court to require his counsel to act on his case or to appoint new counsel.

47. SER Roger McKinney v. Harrison County Circuit Court, No. 071105 (Filed 4/12/07)
Petitioner/Inmate seeks a writ of mandamus to require the circuit court to appoint new counsel for purposes of re-sentencing and to furnish him with all documents in his case.

48. In the Matter of: Holly T., No. 071019 (Filed 4/6/07)
Petitioner/Mother seeks an appeal of the circuit court's order that terminated her parental rights and of the order that denied her post termination visitation.

49. In the Matter of: Brenna E. And Elizabeth C., No. 071029 (Filed 4/6/07)
Petitioner/Father seeks an appeal of the circuit court's order that found him to be an abusing parent and that terminated his parental rights.

50. In the Matter of: Brenna E. and Elizabeth C., No. 071189 (Filed 4/23/07)
Petitioner/GAL seeks an appeal of the circuit court's (March 14, 2007) order that placed two children with the maternal great aunt and great uncle after terminating the parental rights of the children's parents. The GAL challenges the placement of the children with the relatives over the foster parents.

51. In the Matter of: Brooklyn M.; Hunter M.; & Dominic M., No. 071116 (Filed 4/17/07)
Petitioner/Mother seeks an appeal of the circuit court's order that terminated her parental rights to her children.

52. In the Matter of: Arthur N., No. 071135 (Filed 4/18/07)
Petitioner/father seeks an appeal of the circuit court's order that terminated his parental rights to his child.

53. In the Matter of: Arthur N., No. 071212 (Filed 4/23/07)
Petitioner/Mother seeks an appeal of the circuit court's order that terminated her parental rights to her child.

54. In the Matter of: Austin C. & Andrew C., No. 071154 (Filed 4/19/07)
Petitioner/Mother seeks an appeal of the circuit court's (December 6, 2006) order that denied her motion for an improvement period and that terminated her parental rights.

55. In the Matter of: Brandon C.; Lesley C.; & Andrew C., No. 071155 (Filed 4/19/07)
Petitioner/father seeks an appeal of the circuit court's (December 6, 2006) order that denied his motion for an improvement period and that terminated his parental rights.

56. In the Matter of: Noah S., No. 071343 (Filed 5/1/07)
Petitioner/Father seeks an appeal of the circuit court's orders that denied him an improvement period and that denied him post termination visitation with his child.

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