Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, Sept. 6

1. State of W. Va. v. Julian Rudolph Smith - 060159 - Defendant appeals from his conviction of aggravated robbery following a jury trial. He seeks a reversal on the basis of trial error.

2. County Commission of Raleigh County v. Town O Mabscott & Town of Mabscott v. County Commission of Raleigh County, et al. - 060183 - The Raleigh County Commission appeals the circuit court's order denying the Commission's petition for declaratory judgment and granting a petition for mandamus which the Town of Mabscott filed against the Commission. The court held that pursuant to statutory and case law, a county commission has no authority to review or challenge a town's certification of annexation without an election pursuant to W.Va. Code § 8-6-4.

3. State of W. Va. v. Thomas Menei - 060215 - Thomas Menei appeals his conviction for first degree murder without a recommendation of mercy and the circuit court's order denying his motion for new trial.

4. Thomas Shipley v. PSC of West Virginia and The Pocahontas County Public Service District - 060767 - Intervenor appeals grant of a CCN for a sewage treatment plant to serve Snowshoe and surrounding community.

5. State of W. Va. v. Charles Wesley Thompson - 060175 - Defendant appeals from his conviction on 19 counts of sex related crimes. He was sentenced to an effective term of 25 to 55 years. Defendant appeals alleging both evidentiary and trial errors.

6. Raleigh County Public Service District v. PSC of West Virginia & Cool Ridge - Flat Top Public Service District - 061290 - Raleigh County PSD appeals a ruling of the PSC that granted a rate increase to a water supplier.

Argument Docket
Wednesday, Sept. 6

1. Lori L. Moore, Exex. v. White Insurance Agency, Inc., et al. - 32975 - Dismissed.

2. William L. Sedgmer, Jr., next friend, etc. v. McElroy Coal Co., et al. - 32960 - Continued.

3. SER Insurance Comm'r of WV v. Blue Cross & Blue Shield of W. Va., Inc., et al. - 32979 - This appeal involves a contested matter arising in an action filed by the West Virginia Insurance Commissioner in 1990 against Blue Cross and Blue Shield of West Virginia, which resulted in an order placing Blue Cross in receivership and enjoining any actions by creditors or other parties against Blue Cross. This action comes from a May 10, 2005 Order adopting the referee's recommendations and entering an order granting summary judgment to the Receiver and denying the UMWA's motion for summary judgment.

4. Samantha Sells v. Arnold Ray Thomas, et al. - 32969 - Plaintiff Samantha Sells appeals the circuit court's order granting summary judgment in favor of defendant Kenneth Chittum, Esq., on plaintiff's legal malpractice claims.

5. Frederico Hatcher v. Thomas McBride, Warden - 32977 - Frederico Hatcher appeals the denial of his petition for post-conviction habeas corpus. He was previously convicted of felony murder without a recommendation of mercy.

6. State of W. Va. v. Jeffrey L. Finley - 32961 - Jeffrey L. Finley appeals his conviction for first degree murder without a recommendation of mercy and two counts of second degree sexual assault.

7. SER Office of Disciplinary Counsel v. Michael F. Niggemyer - 33098 - Lawyer Disciplinary Board seeks rule to show cause in contempt for failure to comply with provisions of a previous disciplinary order.

8. SER Battle Ridge Companies, et al. v. Hon. Jay M. Hoke, Judge - 33077 - Dismissed.

9. SER Gregory Mitchell v. Hon. John A. Hutchison, Judge - 33082 - Dismissed.

10. SER Richard Lee Hatfield v. Hon. Alfred E. Ferguson, Judge - 33083 - Defendant seeks issuance of a writ of mandamus arguing that the circuit court has improperly delayed in handling his habeas corpus petition. - To be presented on briefs only without oral argument.

11. SER James Dale Duncan v. Hon. James C. Stucky, Judge - 33084 - Dismissed.

12. SER Robert Coles v. Hon. Robert B. Stone, Judge - 33088 - Dismissed.

13. SER Wilbert Mayle v. Hon. David M. Pancake, Judge - 33089 - The Petitioner seeks a Mandamus from this court directing the circuit court to rule on his habeas petition. - To be presented on briefs only without oral argument.

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