West Virginia Supreme Court of Appeals
Requests for Oral Presentation and Petitions for Appeal
May 11 (originally scheduled for April 13)
1. American Economy Insurance Company v. Prima Marketing, LLC; Prima License Corporation; and Carla Jan Watson, Administratrix of the Estate of Laurie Beth Watson, deceased- No. 060312. Defendant administratrix appeals from the circuit court's order awarding summary judgment in favor of the plaintiff insurer in this declaratory judgment action concerning insurance coverage.
2. Jarrett F. Jamison, III and Fort Martin Community Ass'n. v. West Virginia Division of Air Quality and Longview Power, LLC - No. 060320. Petitioners appeal from the circuit court's order upholding the order of the West Virginia Air Quality Board, which affirmed an air quality permit granted by the West Virginia Division of Air Quality to Longview Power, LLC.
3. Nationwide Mutual Fire Insurance Co. and Joseph and Rebecca Fauble v. Alex E. Paris Contracting, Inc. - No. 060331. Petitioner appeals from the circuit court's order granting plaintiffs' motion for summary judgment in this action to enforce a settlement agreement and to establish the amount petitioner was entitled to receive under its subrogation claim.
4. In Re The Marriage of: Jeannette Sue Conrad v. Delmer Wayne Conrad - No. 060339. Petitioner wife appeals from the circuit court's order concerning the valuation of a long term disability policy income tax credit and the resultant error in equitable distribution.
5. State of West Virginia v. Garth Lester, III - No. 060350. Defendant appeals following his conviction for first degree murder without mercy.
6. Roger and Anna Bible v. Beverly Suddath, Individually and dba Home Towne Floor Covering - No. 060353. Plaintiffs appeal from the circuit court's order finding in favor of defendant following a bench trial and directing plaintiffs to pay the balance of their contractual obligation to defendant in the amount of $4088.10, as well as defendant's attorney's fees.
7. The Estate of Alexia Sheree Fout-Iser, by Maranda L. Fout-Iser, Fiduciary, and Maranda Fout-Iser, Individually, and Jerry T. Iser, Individually v. John L. Hahn, M.D., and Hahn Medical Practices, Inc; Thomas J. Schmitt, M.D.; Bruce W. Leslie, M.D.; Myung-Sup Kim, M.D.; Grant Memorial Hospital Regional Health Care Center, a corporation; Potomac Valley Hospital of W.Va., Inc., a corporation; and Anita M. Rhee, Administratrix of the Estate of Russell Rhee, M.D.,- No. 060355. Plaintiffs appeal the circuit court's order granting summary judgment in favor of a defendant in a medical malpractice case. The court found that plaintiffs lacked necessary expert testimony.
8. Stephen D. Richards v. Nita Kay Richards - No. 060360. Petitioner Nita Kay Richards appeals the circuit court's order which denied her petition for appeal from a family court final divorce order. Petitioner raises issues of equitable distribution, spousal support, and attorney's fees.
9. State of West Virginia v. Denise Darnell Kidd - No. 060364. Denise Darnell Kidd appeals her conviction for delivery of a controlled substance, to-wit cocaine base, and for conspiracy to deliver a controlled substance.
10. State of West Virginia v. John Walter Insley - No. 060381. Defendant appeals the circuit court's order which denied his motion to dismiss the indictment charging him with third offense DUI. Although petitioner has now entered a plea of guilty to the lesser-included second offense DUI, he reserved the right to appeal the denial of his motion.
11. The Huntington West Virginia Housing Authority, and J. Edgar Shaffer, in his Official Capacity as Chairperson of the Board of Commissioners of the Huntington West Virginia Housing Authority v. The City of Huntington, A Municipal Corporation, and David A. Felington, in his Official Capacity as Mayor of the City of Huntington- No. 060383. The Huntington Housing Authority and the Chairman of its Board of Commissioners appeal the circuit court's order finding that the City of Huntington has authority to enact an ordinance and that the ordinance is constitutional. The ordinance requires various public entities, including the Housing Authority, to televise meetings and hold meetings in City Council Chambers.
12. State ex rel Jessie White v. Evelyn Seifert, Warden, Northern Regional Jail - No. 060387. Jessie White appeals the denial of his petition for an omnibus post-conviction writ of habeas corpus. The circuit court found that petitioner previously had two omnibus habeas hearings and any claims not previously raised were therefore waived.
13. Trudy Kowalcyk and Karen Wilkenson v. Wheeling Downs Racing Association, Inc., a West Virginia Corporation, Wheeling Island Gaming, Inc. d/b/a Wheeling Downs Racetrack & Gaming Center, a Delaware Corporation, Scott L. Cooper, an individual, and Daniel Hancock, an individual - No. 060401. Plaintiffs, who filed suit asserting unlawful gender discrimination and retaliatory discharge, appeal the circuit court's order which granted the defendants' motion for summary judgment on statute of limitations grounds.
14. State of West Virginia v. Jerry Deel- No. 060404. Jerry Deel appeals his conviction for one count each of sexual abuse in the first degree, attempt to commit a felony of sexual assault in the first degree, sexual assault in the first degree, and sexual abuse by a custodian.
15. Sandra K. Hicks v. David A. Ghaphery, M.D. - No. 060399. On March 28, 2005, a Brooke County jury found that Dr. Ghaphery was not guilty of medical negligence in his care and treatment of the decedent, Charles Hicks. Petitioner appeals the Circuit Court's denial of her Motion for New Trial.
16. State of West Virginia v. Bryan Anthony Merritt - No. 060479. The petitioner objects to the denial of the stay of his misdemeanor sentence pending appeal to the Wood County Circuit Court. Petitioner also objects to the subsequent imposition of sentence by the Circuit Court of Wood County after the petitioner had allegedly completed all of the terms of his sentence.
17. SER Karl C. Finney v. Howard Painter, Warden - No. 060487. On appeal, petitioner seeks relief in Habeas Corpus and requests that the conviction for first degree murder be overturned or that the petitioner is granted a new trial.
18. State of West Virginia v. Gary Dale Loudermilk - No. 060489. Petitioner entered a plea to the offense of child abuse by a parent or guardian. As a result of his plea, petitioner was sentenced to an indeterminate period of not less than 10 years nor more than 20 years. Petitioner appeals his sentencing order arguing that the Circuit Court failed to fully consider alternative sentences.