Supreme Court calendar for 3/26 issue

By The West Virginia Record | Mar 22, 2007

Motion Docket
Tuesday, April 3

1. Frieda Ankrum, both individually and on behalf of the other heirs, etc. v. Gregory Garretson - 063062 - Petitioner, defendant below, appeals from the circuit court's order voiding and setting aside his tax deed based upon its finding that the notice to redeem, which was provided to the delinquent owners of the real estate in question, was faulty and insufficient under the law and the statutes in effect.

2. State of W. Va. v. Reginald M. Barnes - 063007 - Petitioner, defendant below, appeals from his conviction of bank robbery following a jury trial. Defendant asserts various evidentiary and trail errors.

3. State of W. Va. v. Stanley Demere - 063220 - This is a direct appeal by Stanley Demere to his conviction for first degree murder, for which he received a sentence of life without mercy.

4. SER Scott Marshall v. State of W. Va. - 062914 - Petitioner seeks review of the Jefferson County Circuit Court's denial of a new trial based upon a petition for Habeas Corpus.

Argument Docket
Tuesday, April 3

1. David R. Kyle v. Dana Transport, Inc., et al. - 33183 - Plaintiff appeals from the circuit court's order granting judgment in favor of defendants and ruling that plaintiff was not entitled to present his case under a res ipsa loquitur theory.

2. State of W. Va. v. Eric Delbert Jett - 33198 - 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. Andrew Moten v. Commissioner, WV Department of Motor Vehicles - 33220 - Petitioner seeks an appeal from the Raleigh County Circuit Court which denied a Motion for Reconsideration and in the alternative, the Motion for Relief from Judgement entered on February 10, 2006.

4. Gary Jenkins v. CSX Transportation, Inc. - 33179 - The Petitioner seeks an appeal of the circuit court's (February 17, 2006) order that denied a motion for a new trial in a case under the Federal Employer's Liability Act.

Motion Docket
Wednesday, April 4

1. SER WV Regional Jail & Correction Facility Authority v. Cabell County Commission, et al. - 062671 - Petitioner seeks reversal of the Order of the Cabell County Circuit Court refusing to issue a Writ of Mandamus.

2. Ashley Bohan v. Robert R. Raese - 062818 - Plaintiff below appeals from the circuit court's order awarding summary judgment in favor of defendant Raese and finding that plaintiff had failed to show any affirmative conduct on the part of defendant Raese and, therefore, that no liability could attach to him for plaintiff's injuries.

3. Pamela Sue McNeely v. St. Mary's Hospital of Huntington, Inc. - 063005 - Defendant below appeals adverse jury verdict in a sexual harassment/hostile work environment case. Defendant hospital asserts numerous errors of law.

4. Robert J. Helfer v. Carol A. Helfer - 063354 - Carol A. Helfer appeals the circuit court's order which refused an appeal from the family court's order deciding issues of equitable distribution in her divorce case.

5. Marissa Pochron, by parents Lori and Mark Pochron v. Monongalia General Hospital, et al.- 063353 - Woodbrook Casualty Insurance, Inc. appeals the circuit court's order denying its motion to intervene in a medical malpractice case involving one of Woodbrook's insureds.

6. Steven Cutright v. CBC Construction, LLC, et al. - 063157 - Petitioner, Steven Cutright, appeals the circuit court's order denying his motion to alter and amend judgment or to grant a new trial on damages. He asserts the jury awarded him inadequate damages in his employment contract case.

Argument Docket
Wednesday, April 4

1. United Bank, Inc., et al. v. Stone Gate Homeowners Association - 33216 - Plaintiffs, Joseph and Bonnie Stever, appeal from the circuit court's order denying their requests for costs and attorney's fees under West Virginia Code §36B-3-116(f).

2. Carole E. Damron Shortt v. Frederick Cecil Damron - 33185 - Petitioner initially filed a Motion to Vacate an Order dated August 3, 1987, which included a provision requiring petitioner to support the children for "post high school education". The Family Court found that although the Motion to Vacate was granted by virtue of the statute, because the provision for higher education was incorporated in a Separation Agreement, it "survives as an independent contractual obligation." The Circuit Court later affirmed the Family Law Court's decision.

3. In Re: The Marriage of: Misty D. Farmer (now Gowins) v. Rodney L. Farmer - 33226 - Petitioner husband appeals from the circuit court's order reversing the decision of the family court in this domestic action.

4. State of W. Va. v. Adonis Ray Thompson - 33206 - Petitioner appeals jury conviction for child neglect causing death. Petitioner seeks reversal and remand for a new trial.

5. Lyon Chapman & Scott Chapman, et al. v. Sylvia Catron - 33187 - The defendant appeals from an adverse summary judgment and contempt ruling in a case involving a land dispute.

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