SupCo calendar for 10/15 issue

By The West Virginia Record | Oct 11, 2007

Motion Docket
Tuesday, Oct. 23

1. State of W. Va. v. Joshua Lee Slater - 070677 - Joshua Lee Slater appeals his conviction for Kidnaping, Burglary, Wanton Endangerment, and Domestic Violence.

2. State of W. Va. v. John Lowery - 071594 - John Lowery appeals his conviction for two counts of felony sexual assault in the third degree and two counts of misdemeanor sexual abuse in the third degree.

3. Dawn Soulsby (Martinez) v. David Soulsby - 071603 - Petitioner appeals from a decision of the Putnam County Circuit Court wherein the Court refused to review the petitioner's appeal of a Family Court Order regarding the calculation of child support. Petitioner seeks a reversal of the Court's finding that the Family Court committed no reversible error in regard to the child support calculation.

4. State of W. Va. v. James Lee Brooks - 071980 - James Lee Brooks appeals his conviction for First Degree Robbery, Conspiracy to Commit First Degree Robbery, Malicious Assault, and Conspiracy to Commit Malicious Assault.

5. Michael Dennis v. WV Parole Board and Benita F. Murphy, Chairperson - 071598 - Michael Dennis appeals the circuit court's order which dismissed his petition for declaratory judgment and mandamus. Petitioner seeks a declaration that the Parole Board has improperly failed to credit him with time served on a robbery sentence, and seeks a writ of mandamus ordering the Board to so credit him.

6. Weidlich and Associates, Inc. v. Larchwood Asset Management, Inc., Samuel A. Agnew, III - 071897 - Petitioner appeals from a January 11, 2007, Order granting summary judgment in favor of the respondent on all issues. Petitioner filed a post-judgment reconsideration motion via Rule 60(b) of the West Virginia Rules of Civil Procedure on April 19, 2007. The Motion was denied on May 2, 2007. On appeal, petitioner seeks to enforce both written and oral agreements requiring the respondent to provide complete financial statements and disclosure and to seek the acceleration of the attendant promissory notes for full payment of the outstanding unsecured notes' balance.

7. State of W. Va. v. James Aaron Cooper, III - 072006 - Petitioner appeals from the Cabell County Circuit Court's denial of a Motion in Arrest of Judgment. Petitioner seeks a reversal and argues that the Indictment was insufficient.

8. Theresa D. Messer v. Huntington Anesthesia Group, Inc., Dr. Farouk Abadir, Dr. Hosny S. Gabriel, Dr. Mark Newfeld, et al. - 071909 - Plaintiff appeals from the circuit court's order granting the employer's motion for summary judgment in this handicap discrimination case brought under the West Virginia Human Rights Act.

9. In the Matter of: D. C. - 072213 - The juvenile defendant appeals the circuit court's disposition ordering the juvenile to the Children's Center of Ohio, plus probation until age 20. The juvenile defendant seeks a remand with directions to place him on home confinement and to return him to the physical custody of his mother.

Argument Docket
Tuesday, Oct. 23

1. SER Jefferson Co. Bd. of Zoning Appeals v. Hon. Christopher C. Wilkes, Judge, et al. - 33500 - Petitioner (Jefferson County Bd. of Zoning Appeals) seeks a writ of prohibition to prohibit circuit court from entering an order denying Petitioner's motion to disqualify J. Michael Cassell and the law firm of Campbell, Miller & Zimmerman from representing Thorn Hill and Highland Farms. Mr. Cassell was employed as an Assistant Prosecuting Attorney in Jefferson County and provided legal counsel to Bd. of Zoning Appeals before leaving and going to the law firm of Campbell, Miller & Zimmerman who not represents Highland Farm and Thorn Hill.

2. SER Lynn A. Nelson, Prosecuting Attorney v. Hon. Andrew N. Frye, Judge - 33499 - The State filed a writ of prohibition seeking to vacate the Court's May 11, 2007, order dismissing the charge of Negligent Homicide in State v. James Butler. Butler was operating a tractor trailer when it rolled over ejecting is load of logs into the path of another car driven by Melissa Pennington. Pennington died a few hours later from injuries received during the accident. The Grand Jury indicted Butler and the State alleges excessive speed and an unsecured load as negligent acts.

3. Allison J. Riggs, et al. v. W. Va. University Hospitals, Inc. - 33335 - Plaintiffs Allison J. Riggs and Jack E. Riggs, M.D. appeal the circuit court's order which reduced their $10 million dollar non-economic damages jury verdict to $1 million pursuant to the cap set forth in the 1986 version of the Medical Professional Liability Act.

4. State of W. Va. v. Jonathon Freemont Ray - 33324 - Defendant appeals his convictions on multiple sexual offenses. Defendant raises various issues, including whether he was competent to stand trial and his sentencing.

5. State of W. Va. v. Kenneth Bookheimer - 33289 - Kenneth Bookheimer appeals his convictions for Operation of a Clandestine Drug Laboratory and Conspiracy, both felonies.

State of W. Va. v. Jessica Marie Tingler - 33290 - Defendant, convicted of Operating a Clandestine Drug Laboratory and Conspiracy by jury, appeals circuit court order sentencing her to serve consecutive 2-10, 1-5 year terms in prison, arguing the circuit court erred by forcing a Defendant who was not competent due to drug abuse prior to the trial to go to trial after she tested positive for several drugs, that the circuit court erred by not suppressing the evidence obtained as a result of an illegal search of Defendant's residence, that the circuit court erred when it allowed improper expert testimony by Erin Feazell, a chemist from the WV State Police Crime Laboratory, as to the identity of certain substances without a proper foundation, and that the circuit court erred by not granting the Defendant's Motion to Dismiss for Failure of the State to prove a prima facie case on the charge of conspiracy.

6. SER Dennis J. Rydbom v. Hon. Jeffrey B. Reed, Judge - 33507- Petitioner, pro se, seeks a writ of habeas corpus on ground that he was denied a speedy trial; ineffective assistance of counsel; freedom of unreasonable search and seizure; hearsay at trial; subjected to prejudicial publicity before and during trial; and unfair trial judge. - To be presented on briefs only without oral argument.

7. 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.

8. Charles E. Canterbury v. William R. Laird, IV, Sheriff, et al. - 33132 - Petitioner, Charles Canterbury, appeals the December 30, 2005 Order of the Fayette County Circuit Court granting summary judgment on all counts of the complaint in favor of defendants. The petitioner filed suit seeking compensatory and punitive damages against the County Commission and the Town of Mount Hope arising out of an alleged unconstitutional arrest.

Argument Docket
Wednesday, Oct. 24

1. WV DHHR, Child Support Enforcement Division, et al. v. Cecil C. Varney - 33332 - Ms. Varney appeals the circuit court's Final Order Denying Appeal and Affirming Final Order of the Family Court. The family court determined that efforts to collect on a decretal judgment Ms. Varney has against Mr. Varney in the amount of $16,200, plus interest, "are now subject to bar by the affirmative defense of statute of limitations. - Justice Maynard disqualified. Judge Janes sitting by temporary assignment.

2. Highmark West Virginia, Inc., etc. v. Sharooz S. Jamie, M.D. - 33309 - Dr. Jamie filed this petition seeking reinstatement of his counterclaims which were dismissed pursuant to a W. VA. R. Civ. P. 12(b)(6) motion.

3. Collett L. Keefer, II v. Angela Mae Ferrell, aka Angela Mae White, et al. - 33310 - Defendant insurance company appeals from the circuit court's order denying its motion for summary judgment and, instead, entering judgment in favor of plaintiff on the insurance coverage issue that was the subject of defendant insurance company's counterclaim for declaratory judgment.

4. Frederico Hatcher v. Thomas McBride, Warden - 33244 - Frederico Hatcher appeals the dismissal with prejudice of his second petition for post-conviction habeas corpus resulting from an aggravated robbery conviction.

5. State of W. Va. v. David Farris - 33314 - David Farris appeals his criminal convictions and the denial of his post-trial motions. He was convicted of two counts of Sexual Abuse by a Parent, Guardian or Custodian, and two counts of First Degree Sexual Assault.

6. Lawyer Disciplinary Board v. Candace K. Calhoun - 33067 - The Court will hear argument in this lawyer disciplinary matter. - To be presented on briefs only without oral argument.

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