Jan. 23
Motion Docket
Argument Docket

Jan. 24
Motion Docket
Argument Docket

Jan. 25
Miscellaneous Petitions
Decision Conference
Opinion Conference
Administrative Conference

Jan. 23
Motion Docket

1. Grange Mutual Casualty Company v. Trent A. Bower - 062036 - Petitioner Grange Mutual Casualty Company appeals the circuit court's orders finding that under Ohio law, petitioner owes Respondent Trent Bower underinsured motorist benefits.

2. Bernard J. Folio and Brandeotto, Inc. v. City of Clarksburg - 062107 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of the defendant municipality in this action for specific performance and enforcement of right-of-way interests.

3. Arthur R. Wills v. Cowin & Co., Inc., Mining Engineers and Contractors, and Earl Brendle - 062135 - Plaintiff Arthur R. Wills appeals the circuit court's order dismissing his deliberate intent lawsuit under Rule 12(b)(6). The court ruled that plaintiff cannot have a cause of action for the deliberate intent exception to WV Workers' Compensation, W.Va. Code § 23-4-2(c), because plaintiff is receiving his workers' compensation benefits from Kentucky and not West Virginia.

4. Ja'Naye Corbin v. Board of Education of the County of Hampshire - 062204 - Petitioner employee appeals from the circuit court's order affirming the decision of the Grievance Board denying petitioner's employment grievance.

5. SER Leon Ennis v. Thomas McBride, Warden - 062267 - Leon Ennis appeals the denial of his post-conviction petition for habeas corpus. He previously plead guilty to Second Degree Murder. He asserts that the court erred when holding that his guilty plea should not be set aside for lack of mental capacity.

6. Amanda A. Frymier v. Higher Education Policy Commission & Glenville State College - 062371 - Petitioner Amanda Frymier appeals from the circuit court's order which affirmed the grievance board's decision that petitioner was not subjected to discrimination and favoritism.

7. Troy Porter v. Mingo Logan Coal Company - 062590 - Plaintiff Troy Lee Porter, Sr. appeals the circuit court's order granting summary judgment in favor of Defendant Mingo Logan Coal Company in a deliberate intent case.

Argument Docket

1. SER Erie Insurance Property & Casualty Co. v. Hon. James P. Mazzone, Judge - 33209 - Insurer seeks to prohibit enforcement of an order requiring production of its claim filed in a bad faith action.

2. SER Donald Darling v. Darrell V. McGraw, Attorney General, et al. - 33210 - Petitioner seeks to compel the Attorney General to pay compensation for a mental-mental injury not covered by workers' compensation.

3. SER Johnson & Johnson Corp., et al. v. Hon. Mark A. Karl, Judge, et al. - 33211 - Defendant below seeks to prohibit enforcement of an order denying its request to apply the "learned intermediary doctrine" to prescription drug cases.

4. SER Keith O'Dell McCourt v. Hon. Jack Alsop, Judge - 33213 - Petitioner seeks to prohibit prosecution of a 1994 indictment, where petitioner was not arrested until 2006.

5. SER Jeanette Packard v. Hon. Roger L. Perry, Judge, et al. - 33214 - Petitioner seeks to prohibit enforcement of an order relation to an award of medical expenses incurred prior to majority.

6. John Barbina, etc. v. Charles Curry, et al. - 33102 - Petitioner appeals the circuit court's granting of summary judgment in favor of respondents. The case involves a civil suit arising out of an infant being sexually abused by Charles Curry and the abuse being negligently reported, as well as her being delayed the receipt of services for years due to a systemic neglect.

Jan. 24
Motion Docket

1. Thornhill, LLC v. Jefferson County Planning Commission - 062163 - The Jefferson County Planning Commission appeals the circuit court's orders which granted a writ of mandamus requiring the Commission to approve a final subdivision plat submitted by Thorn Hill, LLC, denied the Commission's motion to alter or amend, and which awarded Thorn Hill its attorney fees.

2. Kimberly Howell, et al. v. Sunbridge Healthcare Corporation, et al. - 062270 - Petitioner appeals from the trial courts granting of defendant's Motion for Partial Summary Judgment. The petitioner initially filed a complaint alleging retaliatory discharge in contravention of the public policy against adultery.

3. Dawn Lemaster v. Board of Education of Putnam County - 062334 - Dawn LeMaster appeals the circuit court's order which affirmed the decision of the Education and State Employees' Grievance Board. The grievance board held that petitioner did not have three years of continuing contract status, thus her employer the Putnam County Board of Education properly considered her to be a probationary employee at the time it decided not to renew her contract.

4. State of W. Va. v. Thomas Joseph MacPhee - 062264 - Defendant appeals from his convictions of first degree murder, with mercy, grand larceny, and conspiracy to commit murder. Defendant raises evidentiary and other trial error.

5. State of W. Va. v. Danny L. Cecil - 062615 - Petitioner seeks a reversal of his conviction upon three felony counts, including one count of Sexual Abuse in the First Degree and two counts of sexual abuse by a guardian or custodian.

6. William C. Williams v. Mac Arthur Dingess, Dingess Lumber Co., Inc., Dingess Transport, Inc., & John Doe Business Entity - 062394 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendants and dismissing his personal injury action for common-law negligence claims and, alternatively, a deliberate intent claim arising from a sawmill accident. Plaintiff also appeals the circuit court's order denying access to information concerning defendants' compliance with the West Virginia Workers' Compensation Act. Defendant seeks a reversal and remand.

7. State of W. Va. v. Daniel B. Bingman - 062372 - Defendant appeals from his misdemeanor conviction for petty larceny. Defendant seeks a reversal of his conviction and a dismissal of the charges.

8. State of W. Va. v. Kenneth Ray Collins - 062336 - This is an appeal of a criminal conviction where petitioner was convicted by a jury of the crime of Sexual Abuse by a parent, guardian or custodian and Sexual Abuse in the Third Degree on January 12, 2005. Petitioner requests a new trial.

Argument Docket

1. R. E. Hamrick, Jr., M.D. v. Charleston Area Medical Center, Inc. - 33107 - R. Edward Hamrick, Jr., M.D. appeals from the circuit court's order granting summary judgment in favor of the Charleston Area Medical Center, Inc. The court held that under the Open Hospital Proceedings Act, the only governing body of CAMC is the Board of Trustees. Accordingly, the Board of Trustees is the only hospital body subject to the statute's open meetings requirement.

2. Carroll Eugene Humphries v. Thomas McBride, Warden - 33103 - Petitioner appeals the circuit court's denial of his Writ of Habeas Corpus request. Petitioner was convicted by a jury on July 30, 1999, of one count of felony offense of accessory before the fact to murder of the first degree, and one count of the felony offense of conspiracy to commit murder. - To be presented on briefs only without oral argument.

3. Gary Wolfingbarger v. Pricie Fern Wolfingbarger - 33094 - Petitioner husband appeals from the final order of the family court refusing to enforce the terms of a written property settlement agreement executed by the parties in connection with their divorce proceeding and from the circuit court's order upholding the family court's decision.

4. John Smith v. Dr. DJ Bradley, President, Fairmont State University - 33156 - Smith appeals the Circuit Court of Marion County's 10/20/05 Dismissal Order dismissing his FOIA case against Fairmont State University after it granted him substantial relief – copies of other professors' performance evaluations with only certain personal information redacted – in its 07/19/05 Opinion Order Denying Respondent's Motion for Summary Judgment. Also in the Opinion Order, the court denied Smith's request for attorney's fees and costs because he was a pro se litigant, who sought the other professors' performance evaluations primarily to advance his discrimination case against Fairmont State in Kanawha County.

5. SER Carl Foy v. Hon. Robert L. Holland, Jr., Judge - 33212 - Petitioner seeks to compel a ruling on a petition for habeas corpus. - To be presented on briefs only without oral argument.

6. SER Roundtree Goodman v. Hon. John W. Hatcher, Judge - 33217 - Dismissed.

7. State of W. Va. v. Anthony Ray Whitt - 33039 - Anthony Ray Whitt appeals his conviction for second degree murder.

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