WEST VIRGINIA RECORD

Motion Docket
Wednesday, May 10

1. State of W. Va. V. Charles Williams - 052917 - Charles Williams moves this Court to allow him to withdraw his Alford/Kennedy plea to misdemeanor brandishing.

2. Tommie Holley, Sr., and Sandra Holley v. Mary Rose Meffe and Dennis H. Bernest - 052946 - Petitioner seeks costs under West Virginia Civil Procedure 68. Petitioner made an offer of judgment to the Respondents in the amount of $250,000. The jury returned a verdict of $50,000 apportioning only 30% fault to the petitioner. The Court refused to award petitioner the cots he incurred after making the offer.

3. State of W. Va. v. Roger Eric Jones - 052947 - Petitioner was convicted for First Degree Murder and sentenced to life in prison with no possibility of parole. The defendant appeals on jurisdiction/venue and evidentiary grounds and seeks reversal of his conviction and remand for a new trial.

4. In Re: Asbeston Personal Injury Litigation Jack Edward Lynch & Adah C. Lynch, his wife v. 20th Century Corporation of Texas, et al. - 052898 - efendant submits its petition to accept certification seeking a review of the certified questions submitted by the circuit court, which address the use of the doctrine of offensive collateral estoppel in a deliberate intent mass asbestos litigation. The certified questions are as follows:

1. Can the doctrine of offensive collateral estoppel be used to estop a defendant from defending against plaintiffs' claims in future litigation on the basis of a jury's answers to interrogatories rendered in the first phase of a bifurcated mass-trial where the subsequent phases have not occurred and where appeals have not been resolved?

The Circuit Court of Kanawha County answered this question, "Yes."

2. Does the doctrine of offensive collateral estoppel apply to estop a defendant from defending against plaintiffs' claims of Deliberate Intent liability under West Virginia Code § 23-4-2 on the basis of a jury verdict against the defendant on claims of negligence in which the jury determined that the defendant's premises were "unreasonably dangerous" and awarded punitive damages and which was rendered in different proceedings and on behalf of a separate group of plaintiffs that specifically did not include any of the defendant's employees?

The Circuit Court of Kanawha County answered this question, "Yes."

3. Does the doctrine of offensive collateral estoppel apply in a mass trial situation to estop a defendant from generally defending against plaintiffs' premises liability claims on the basis of a prior ruling against that defendant in the first phase of a bifurcated trial in a different mass trial proceeding and on behalf of a separate group of plaintiffs whose work history, involvement with the defendant and precise injuries were not specified?

The Circuit Court of Kanawha County answered this question, "Yes."

5. American Disposal Services of W. Va., Inc. v. PSC of West Virginia & Jacob F. Jochum, Jr. - 060475 - Petitioner appeals a PSC order granting a Certificate of Need.

6. State of W. Va. v. Eddie Mullins - 060014 - Defendant appeals from the circuit court's order denying his motion to suppress audio/video evidence. Defendant entered a conditional guilty plea which allows him to appeal the circuit court's decision in this regard.

7. Rodney W. Clay v. T. Denise Clay - 060035 - Petitioner husband appeals from the circuit court's order affirming the decision of the family court denying his petition for modification of his monthly child support obligation.

8. Jessica Robbins v. Michael T. Wayt, M.D. - 060133 - The defendant in a medical malpractice action appeals the circuit court's order granting a new trial in light of Louk v. Cormier.

9. Michael Giannini v. The Firemen's Civil Service Commission of the City of Huntington, & David A. Felinton, Mayor of the City of Huntington - 060124 - The City of Huntington appeals the circuit court's decision which reversed the Huntington Firemen's Civil Service Commission. The commission had upheld the termination from employment of Huntington Firefighter Michael Giannini, but the circuit court found that there was not just cause for termination.

10. State of W. Va. v. Tony Franklin Daugherty, Sr. - 060286 - Petitioner appeals the December 27, 2005 order of the circuit court denying a Motion for a New Trial. On September 30, 2004, petitioner was convicted, following a jury trial, on four counts of sexual abuse by a parent, guardian or custodian.

11. SER Darrell V. McGraw, Jr., Attorney General v. Imperial Marketing, Inc. and Seta Corporation of Boca, Inc. - 060213 - The defendant, Seta Corporation of Boca, Inc., appeals the circuit court's award of summary judgment in favor of the plaintiff, the West Virginia Attorney General, and the circuit court's denial of relief from this judgment under Rule 60(b).

12. State of W. Va. v. Vernon Henderson Dunlap, Jr. - 060177 - Defendant appeals his conviction for first degree murder. He was sentenced to life in prison without mercy.

Argument Docket
Wednesday, May 10

1. In the Matter of: Renewed Investigation of the State Police Crime Laboratory, etc. - 32885 - Prisoners object to the September 23, 2005 Report of Special Judge Thomas A. Bedell and request that the Court decline to adopt the findings, conclusions and recommendations therein.

2. SER Nicholas W. Johnson v. Hon. Jeffrey B. Reed, Judge, et al. - 33002 - Petitioner is a practicing attorney seeking extraordinary relief from an order removing his removal as executor and trustee of the Estate of Ethel Erickson.

3. Dwight L. Mathena, et al. v. William S. Haines, Warden - 32769 - Petitioners appeal a circuit court order denying their habeas corpus petition that challenged the conditions of their confinement at Huttonsville Correctional Center.

4. Harold Petry, II v. Commissioner, WV Division of Motor Vehicles - 32886 - Petitioner appeals from the circuit courts order denying his petition for writ of prohibition and mandamus and application for stay. Petitioner sought to prohibit respondent from holding a second hearing on the revocation of petitioner's driver's license following his arrest for DUI.

5. Peggy Ann Mayhorn v. WV Consolidated Public Retirement Board - 32850 - Petitioner appeals from the circuit court's order affirming the respondent board's administrative decision denying petitioner disability benefits from the Teachers Retirement System.

6. Lawyer Disciplinary Board v. Daniel J. Post- 31734 - The Court will hear argument in this lawyer disciplinary matter.

7. Lawyer Disciplinary Board v. Larry E. Losch - 32554 - The Court will hear argument in this lawyer disciplinary matter.

8. SER Lola Crist v. Jane Cline, Insurance Comm'r, et al. - 33056 - Petitioners filed requests for Mandamus relief with this Court concerning the Respondent's application of Policy Statement 2.02 (2003) to their awards of dependents' benefits.

SER Kathy Sweet, et al. v. Jane Cline, Insurance Comm'r, et al. - 33057

SER Georgette Carte v. Jane Cline, Insurance Comm'r - 33058