Supreme Court calendar for 4/23 issue

Argument Docket
Wednesday, May 9

1. State of W. Va. v. James K. Hosby - 33247 - Petitioner files an appeal from the circuit court's order revoking his parole. Petitioner requests that the revocation be reversed and he be reinstated to probation.

2. Nancy K. Hudkins v. WV Consolidated Public Retirement Board - 33245 - The WV Consolidated Public Retirement Board appeals the circuit court's order which reversed the Board's administrative decision regarding the conversion of certain sick leave to retirement service credit.

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. State of W. Va. v. Julian R. Smith - 33171 - Defendant appeals from his conviction of aggravated robbery following a jury trial. He seeks a reversal on the basis of trial error.

5. State of W. Va. v. Michael Cummings - 33223 - Petitioner appeals his conviction for attempting to operate a clandestine drug laboratory and conspiring to commit the offense of attempting to operate a clandestine drug laboratory.

6. SER Mark G. Sergent, Pros. Atty., SER v. Hon. David W. Nibert, Judge, et al. - 33327 - Petitioner's driver license was revoked for seven different violations and suspensions. The Circuit Court ruled that petitioner "cannot violate the provision of WV Code Section 17B-4-3(b) of operating a motor vehicle on a public roadway while one's privilege to do so has been suspended where one operates an all-terrain vehicle in conformity with provisions of WV Code Section 17F-1-1 et seq. Petitioner seeks a writ of prohibition as to whether the circuit court exceeded its legitimate power in ruling that the operation of an all terrain vehicle, under WV Code, Section 17F-1-1 by a person who driving privileges have been previously revoked under requirements of WV Code Section17B-4-3(b) cannot commit an offense under WV Code because the operation of an all terrain vehicle requires no WV Drivers License.

7. In the Matter of: Carolyn D. Cruickshanks - 33336 - Respondent was arrested and charged with violation of WV Code, Section 61-10-31, conspiracy to commit an offense against the State, the criminal offense of "Retaliation Against A Witness", as set out at WV Code, Section 61-5-27(C).

8. Robert J. Zaleski, M.D. v. West Virginia Physicians Mutual Insurance Co. - 33242 - Defendant insurance company appeals from the circuit court's order granting partial summary judgment in favor of plaintiff, ordering the reinstatement of insurance coverage to plaintiff, and denying defendant's motion to dismiss.

Argument Docket
Tuesday, May 22

1. Sally Black, Exex., Estate of Charles A. Black, et al. v. CSX Transportation - 33218 - Plaintiff, wife/executor of deceased railroad worker's estate in case involving allegations of asbestos induced colon cancer, appeals circuit court order entering judgment for defendant railroad based upon defense verdict following trial.

2. State of W. Va. v. Jeremiah David Mongold - 33222 - Jeremiah David Mongold appeals his conviction for "Death of a Child by Custodian as a Result of Child Abuse" for which he was sentenced to 40 years in prison.

3. Heather C. Washington v. Charles D. Washington - 32980 - Petitioner husband appeals from the circuit court's order dismissing the petition for appeal as untimely. Petitioner seeks a remand to the circuit court with directions that it make a finding that the appeal was timely filed and to consider the appeal on the merits.

4. SER Robert Joe Blake v. Circuit Court of Wetzel County - 33316- Petitioner seeks a writ of mandamus to require the circuit court to take action on his habeas petition. - To be presented on briefs only without oral argument.

5. SER Oscar Finley v. Hon. Alfred Ferguson, Judge - 33318- Defendant seeks issuance of a writ of mandamus arguing that circuit court has failed to rule upon his pending motions for appointment of counsel in underlying habeas corpus action. - To be presented on briefs only without oral argument.

6. SER David S. Branham v. Hon. Irene C. Berger, Judge - 33319 - To be presented on briefs only without oral argument.

7. 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.

8. W. Va. Mandatory Continuing Legal Education Comm. v. Danita S. Alt, et al. - 33283 - To be presented on briefs only without oral argument.