SupCo calendar for 10/30 issue

By The West Virginia Record | Oct 25, 2006

West Virginia Supreme Court of Appeals calendar for the week of Oct. 30-Nov. 3

Argument Docket
Wednesday, Nov. 1

1. Board of Education of the County of Kanawha v. WV Board of Education, et al. - 33081 - The Kanawha County School Board appeals the circuit court's order granting summary judgment in favor of the West Virginia Board of Education and the State Superintendent. The Kanawha Board unsuccessfully sought to have its local share, for purposes of computation of the state funding formula, reduced by the amount of the county's regular tax levy which is statutorily required to go the county's public library system.

2. State of W. Va. v. Brusie "Don" Lanham - 33092 - This is an appeal from the order of the circuit court denying the motion for a new trial filed by petitioner who was convicted of felony-murder. Petitioner was sentenced to life in prison without the possibility of parole.

3. State of W. Va. v. Roger Eric Jones - 33072 - 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. - Continued to November 14.

4. SER Thomas Taylor, et al. v. Hon. David W. Nibert, Judge, et al. - 33175 - Petitioners seek to prohibit order transferring cases under Rule 42(b) and certifying a mandatory punitive damages class action. - Chief Justice Davis disqualified. Judge Stone sitting by temporary assignment.

5. State of W. Va. v. Michael David Doonan - 33052 - Defendant, who was convicted of First Offense DUI by Magistrate Court, appeals circuit court's order finding that the errors he cited were harmless, denying his appeal from conviction and sentencing him to serve 48 hours in jail.

6. SER Allstate Insurance Co., et al. v. Hon. Martin J. Gaughan, Judge, et al. - 33172 -

7. SER Valley Radiology, Inc., dba Valley Radiologist v. Hon. Martin J. Gaughan, Judge - 33173 - Petitioner seeks to prevent enforcement of an order granting a new trial solely on the issue of damages.

8. SER Mark Dickerson v. City of Logan, et al. - 33174 - Petitioner seeks to compel reinstatement as police officer and a pre-termination hearing.

9. SER Danette Pauley v. Hon. E. Lee Schlaegel, Judge - 33178 - Petitioner seeks issuance of a writ of mandamus arguing that the circuit court has not acted on her underlying habeas petition despite 2004 order of this Court to proceed with same.

10. SER James Reynolds v. Hon. Robert Waters, Judge - 33180 - The Petitioner seeks a writ of mandamus to compel the circuit court to issue a ruling in his case.

11. SER Myron D. Daniels v. Hon. Jennifer Bailey Walker, Judge - 33177 - Defendant seeks issuance of a writ of mandamus arguing unreasonable delay by the circuit court in addressing his petition for writ of habeas corpus relief.

12. Lonnie T. Campbell, et al. v. Mountaineer Testing Laboratories, Inc., et al. - 33090 - Plaintiffs appeal: 1) the circuit court's order granting summary judgment to defendant the WV Department of Transportation, Division of Highways; and 2) the circuit court's order granting summary judgment to defendant Nationwide Mutual Insurance Company.

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