Supreme Court calendar: Week of Feb. 27-March 3

Argument Docket
Tuesday, February 28, 2006
State Capitol
Charleston

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, 2006
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 - The 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.