Tuesday, Oct. 9
1. State of W. Va. v. Eric Allen Foster - 33323 - Defendant appeals from his two convictions for second degree murder. He asserts various evidentiary and trial errors. Justice Benjamin disqualified. Judge Moats sitting by temporary assignment.
2. SER Shane Shelton v. Howard Painter, Warden - 33322 - Shane Shelton appeals the denial of his petition for writ of habeas corpus. He was previously convicted of First Degree Murder without a recommendation of mercy.
3. Mark Roberts v. West Virginia American Water Co., et al. - 33326 - Petitioner in a property damage case appeals the circuit court's summary judgment order which dismissed the claims against three defendants based upon the statute of limitations.
4. SER Alan D. Baker v. David H. Bolyard, Director, DMV - 33303 - Alan D. Baker appeals the circuit court's order which affirmed the decision of the Division of Motor Vehicles to suspend his driver's license based upon his conviction for DUI following a nolo contendere plea.
5. State of W. Va. v. Kenneth Ray Collins - 33300 - 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.
6. In Re: Visitation and Custody of Senturi N. S. V. - 33334 - Mother appeals circuit court order affirming Family Court order which found that interveners were psychological co-parents of her natural child.
7. Bill E. Morton, et al. v. Unknown Heirs of Ernest M. Van Camp, et al. - 33341 - Petitioner seeks an appeal of circuit court's order that authorized the sale of the real estate where the Petitioner owns a 1/7th interest in the property.
8. Brian M. Powell v. Steven L. Paine, State Supt. of Schools - 33325 - Petitioner appeals a decision by the State Superintendent of Education suspending the petitioner's teaching license for a period of four years. The Circuit Court affirmed the Superintendent's decision. - Rescheduled to October 23.
9. E. Landis v. Georganne Banning Landis - 33333 - This appeal stems from a divorce action and a Final Order entered on April 24, 2006 by the Family Court denying petitioner's requests for attorney fees and costs. The Circuit Court affirmed decision by order dated July 20, 2006.
10. SER James Berry, Sr. v. Hon. Alfred E. Ferguson, Judge - 33451 - Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to timely rule upon pending motions and Petition for Writ of Habeas Corpus. - To be presented on briefs only without oral argument.
11. SER John Christian v. Hon. Jeffrey B. Reed, Judge - 33450 - Dismissed.
Wednesday, Oct. 10
1. State of W. Va. v. Robert Lee Shingleton - 071449 - Robert Lee Shingleton appeals his conviction for one count of Malicious Assault, a felony.
2. Jeffrey E. Hood and Linda Hood v. The City of Huntington - 071276 - The City of Huntington appeals from the Cabell County Circuit Court's Order granting the plaintiff's Motion for Summary Judgment as to liability in a civil suit related to alleged damages to real property.
3. In Re: Flood Litigation, Coal River Watershed - 071720 - Plaintiffs appeal from the circuit court's order dismissing their cases as failing to comply with Rules 8(a) and 11 of the West Virginia Rules of Civil Procedure after the circuit court denied plaintiffs' discovery from defendants. This case involves the 2001 In Re: Flood Litigation relating to the Coal River Watershed, which is one of several watersheds.
Nationwide Mutual Insurance Co. v. Angela Marshall - 072240 - CERTIFIED QUESTIONS
CERTIFIED QUESTION 1: Does the West Virginia Unfair Trade Practices Act, West Virginia Code §§ 33-11-1, et seq. ("Act") apply to insurance claims practices which occur in foreign jurisdictions? Here, where a West Virginia resident makes a claim against an insurance policy purchased in West Virginia, does the Act apply to the conduct of claims adjusters which are located outside of West Virginia? More specifically, in this case, does the Act apply to Nationwide's investigation, review and denial of Angela Marshall's personal injury claim, where all the claims handling and investigation activities occurred in the Commonwealth of Virginia? CIRCUIT COURT'S ANSWER: Yes.
CERTIFIED QUESTION 2: Where a personal injury claim is brought by a policy holder against an additional insured, under the same insurance policy, is a "bad faith" claim brought by the policy holder pursuant to the Act properly characterized as a first party or a third party "bad faith" claim? Specifically, in this case, is Angela Marshall's "bad faith" claim relating to the handling of her personal injury claim against Gregory Jonas properly characterized as a first party "bad faith" claim? CIRCUIT COURT'S ANSWER: Yes.
Wednesday, Oct. 10
1. Hugh M. Caperton, et al. v. A. T. Massey Coal Co., Inc., et al. - 33350 - Defendants appeal from an adverse jury verdict in this action for tortious interference with a business relationship, fraudulent concealment and fraudulent misrepresentation.
2. Robert J. Helfer v. Carol A. Helfer - 33348 - 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.
3. Joseph W. Brown v. The City of Fairmont, et al. - 33354 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendants in this action. Plaintiff alleges that defendants negligently administered his pension benefits prior to his retirement, breached their fiduciary duty in doing so, and violated his right to privacy, all of which caused him to suffer related emotional distress.
4. Nancy B. Parker, Trustee, etc. v. Estate of Hartford E. Bealer, by U.S. Trust Co. etc. - 33339 - The Estate of Hartford E. Bealer, by U. S. Trust Company of Florida S.B. appeals the granting of Summary Judgment in favor of the plaintiff and , the refusing of Defendant's Motion for Stay in this dispute over Hartford E. Bealer's 277.42 acre Hampshire County farm.
5. Mary H. Wetzel, Exex., etc. v. Employers Service Corp. of W. Va. - 33337 - Plaintiff appeals the circuit court order granting summary judgment for the defendant , third party administrator of a self-insured the workers' compensation benefits program.
6. SER Regional Jail & Correctional Auth. v. County Commission of Cabell Co., et al. - 33347 - Petitioner seeks reversal of the Order of the Cabell County Circuit Court refusing to issue a Writ of Mandamus.
7. State of W. Va. v. William Mills, Jr. - 33340 - Petitioner appeals his conviction and sentence for distribution of cocaine. On appeal he seeks reversal and a remand to the circuit court for a new trial.
8. T & R Trucking, Inc. v. Rick Maynard, etc. v. Thomas Benton Farley, Jr., etc. - 33346 - This is an action instituted by the plaintiff against Rick Maynard for damage to a Western Star coal truck leased by T&R Trucking to Mr. Maynard with an option to purchase and a counter claim and third party claim of Mr. Maynard against the plaintiff and third party defendant, Tom B. Farley, for breach of contract. A jury found in favor of Mr. Maynard in the amount of $64,029.40 and against the third party defendant Tom Farley in the amount of $36,000.
9. American Canadian Expeditions, Ltd. v. The Gauley River Corp., et al. - 33246 - Plaintiff American Canadian Expeditions, Ltd. appeals the circuit court's order granting summary judgment in favor of defendants The Gauley River Corporation and Mountain River Tours, Inc. The court found that holding an option to purchase certain real property did not give plaintiff a legal or equitable right to seek damages for timber removed from the property during the option period.