Argument Docket
Tuesday, Oct. 3
State Capitol
Charleston

1. Michael Giannini v. Firemen's Civil Service Comm. of City of Huntington, et al. - 33074- 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.

2. Patty Kalany, et al. v. Herman Campbell, dba Irene's Bar - 33078 - Continued.

3. In the Matter of: The Adoption of Jamison Nicholas C. by Charles & Twila M. - 33079 - The WV Department of Health and Human Resources appeals from the circuit court's order granting a child post-adoption assistance in the form of a Medicaid card.

4. In Re: Randy H., April G., Brittany T. and Megan H. - 33086 - Guardian ad litems for four children appeal circuit court order dismissing abuse and neglect case. - To be submitted on briefs only without oral argument.

5. Diana Mae Savilla, Admx. v. Speedway Superamerica, LLC, etc., et al. - 33053 - Plaintiff appeals from the circuit court's order granting defendant Speedway SuperAmerica, LLC, d/b/a Rich Oil's motion to dismiss in this wrongful death and deliberate intent action. - Justice Benjamin Disqualified. Judge Evans sitting by temporary assignment.

6. Jerril Davis, et al. v. Eagle Coal and Dock Company, et al. - 33054 - Continued.

7. State of W. Va. v. Ronnie Allen Rush - 33035 - Defendant appeals the transfer of his case to adult status and his ensuing convictions on two counts of manslaughter and one count each of first degree robbery, burglary, and conspiracy to commit burglary. Defendant seeks a reversal and a remand for a new trial.

Motion Docket
Wednesday, Oct. 4

1. State of W. Va. v. Larry G. Thomas - 061359 - This is an appeal from the trial court's order sentencing petitioner to life imprisonment without mercy. Petitioner argues that the court erroneously admitted hearsay evidence and that the verdict should be set aside and remanded for a new trial.

2. State of W. Va. v. Eric Delbert Jett - 061231 - Defendant appeals from his conviction and sentence for operating or attempting to operate a clandestine drug laboratory under West Virginia Code §60A-4-411.

3. Carrie L. Collier v. Thomas G. Collier - 061192 - Petitioner husband appeals from the circuit court's order denying his request to have the final divorce order set aside on the basis of fraud and a hearing held on equitable distribution.

4. Christopher Lee Davis v. Thomas McBride, Warden - 061443 - Petitioner appeals from the circuit court's order denying his petition for habeas relief. Petitioner asserts that both his state and federal constitutional rights have been violated.

5. State of W. Va. v. Marjorie Virginia Green - 061398 - Defendant appeals from her convictions on two counts of negligent homicide following a jury trial. Defendant seeks to have her verdict set aside and a judgment of acquittal entered.

6. Jerome E. Burch, et al. v. Nedpower Mount Storm, LLC and Shell Windenergy, Inc. - 061744 - Plaintiffs appeal from the circuit court's final order dismissing on the pleadings this action brought by landowners to enjoin the construction of a wind turbine facility. The circuit court held that an order of the Public Service Commission approving the siting of the facility foreclosed an action for an injunction under the common law doctrine of nuisance.

7. Superior Walls of America, Ltd. v. Robert Leonard and Carol Leonard, Middletown Home Sales, Inc., dba Styar Home Center, et al. - 061594 - Certified Question

Pursuant to Code §58-8-2, the petitioner in this intellectual property case certifies the following question to the Supreme Court of Appeals:

Whether the licensing of a non-resident licensor's intellectual property to a nonresident licensee subjects the licensor to the personal jurisdiction of a circuit court of West Virginia when the licensor does not directly conduct business in West Virginia; is not licensed to do business in West Virginia; does not own real property in West Virginia; does not directly manufacture, sell, ship, or supply any products, goods, or services to West Virginia; initiates no direct advertising or solicitations to residents of West Virginia; but the licensor makes available to licensee certain materials to be used in constructing the product, provides the licensee with a defined territory within West Virginia in which to market the product that is produced by the licensor's intellectual property, and permits the licensee to use the licensor's intellectual property in the construction, manufacture, and installation of an allegedly defective product that is ultimately attached to real property in West Virginia?

Answer: The Circuit Court answered in the affirmative and found personal jurisdiction over Superior Walls.

Argument Docket
Wednesday, Oct. 4
State Capitol
Charleston

1. Martha F. Ryan v. Charles E. Ryan - 33004 - Petitioner wife appeals from the circuit court's order refusing her petition for appeal and affirming the family court's final order denying her petition for modification seeking to extend her monthly rehabilitative alimony payments. - Chief Justice Davis disqualified. Judge Wilson sitting by temporary assignment.

2. State of W. Va. v. Michael David Doonan - 33052 - Continued.

3. Harold B. Wolfe, et al. v. Vips Alpizar - 33093 - On October 4, 2004, petitioners filed a Petition to enjoin Vips Alpizar from blocking access of plaintiffs across Turkey Creek and sought an Order that the Defendant construct a bridge across Turkey Creek. Summary Judgment was granted in favor of Vips Alpizar. Petitioner now appeals the circuit courts denial of their Motions for Reconsideration, Amendment to the Complaint and Summary Judgment.

4. State of W. Va. v. Tony Franklin Daugherty, Sr. - 33075- Continued.

5. SER David J. Lechiara v. William Frederick, Adm. - 33154 - Dismissed.

6. Lowell B. Cogar v. Lee Lafferty - 33007 - Purchaser of property in a tax sale appeals the circuit court's order which set aside his deed. The court ruled that the deed must be set aside because a partner in the partnership which had owned the property was not provided notice to redeem.

7. William L. Sedgmer, Jr., next friend, etc. v. McElroy Coal Co., et al. - 32960 - Plaintiffs appeal an adverse summary judgment order in a deliberate intent case.

8. Katherine Bowman Twyman v. Sally G. Jackson, Family Court Judge, et al. - 33005 - Petitioner appeals from the circuit court's order denying her petition for a writ of prohibition seeking to prohibit the effect of orders entered by the family court in a domestic violence proceeding brought against petitioner by her minor son. Petitioner also seeks to reverse the findings made by the circuit court in its order denying her petition for a writ of prohibition and seeks clarification of the language in West Virginia Code §48-7-305.

9. Patty Kalany, et al. v. Herman Campbell, dba Irene's Bar - 33078 - Defendant Herman Campbell, individually and d/b/a Irene's Bar, appeals from: 1) a judgment upon jury verdict finding that he engaged in common law retaliatory discharge of plaintiff Patty Kalany; and 2) the court's award of plaintiff's attorney's fees and costs under the Human Rights Act, where the defendant had been granted judgment as a matter of law on plaintiff's Human Rights Act claims and the plaintiff prevailed on a common law claim.

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