SupCo calendar for the week of Jan. 21-25

Motion Docket
Tuesday, Jan. 22

1. SER Mark Johnson v. Thomas McBride, Warden - 072300 - Petitioner seeks an appeal and reversal of a February 12, 2007 Order of the Jefferson County Circuit court which denied Mr. Johnson's petition for writ of habeas corpus.

2. State of WV v. Earl Monty Rutherford - 072291 - Earl Monty Rutherford appeals the enhanced sentence he received pursuant to W.Va. Code § 60A-4-408 upon his conviction for delivery of a controlled substance.

3. Waco Oil & Gas Co., Inc. v. Matthew B. Crum and the WV Dept. of Environment Protection, Office of Abandoned Mine Lands & Reclamation - 072371 - The WV Department of Environmental Protection and its current Director appeal the Circuit Court's order which reversed a decision of the WV Surface Mine Board. The Board had affirmed the Director's decision to deny WACO Oil and Gas Company, Inc.'s application for a permit to quarry sandstone.

4. State of WV v. Heather Marie Haupt - 072563 - Heather Marie Haupt appeals following her conviction upon guilty plea to felony Possession with Intent to Deliver a Schedule IV Controlled Substance. She asserts that she lacked the requisite mental competency to enter the guilty plea.

5. State of WV v. Megan S. - 072471 - Juvenile appeals from the circuit court's order adjudging her as a juvenile delinquent for the offense of battery. The juvenile challenges that finding and asserts that she was denied effective assistance of counsel.

6. Ronald W. Wilkerson v. Frank C. Clark - 072595 - Ronald Wilkerson appeals from the Marshall County Circuit Court's Order granting Summary Judgment in favor of the defendant. The petitioner initially sued the defendant for fraud and breach of contract, regarding oral contracts for the sale and lease of two businesses which had been owned by the defendant. The lower court also denied the petitioner's motion for reconsideration.

Argument Docket
Tuesday, Jan. 22

1. David R. Dodd, et al. v. Potomac Riverside Farm, Inc., et al. - 33501 - Plaintiffs appeal from the circuit court's order rejecting the special commissioner's interest recommendation in this minority shareholder dissent proceeding brought pursuant to W. Va. Code §31-1-123.

2. Dr. Danny Ray Westmoreland v. Shrikant K. Vaidya, M.D. - 33459 - Plaintiff appeals the circuit court's order dismissing his lawsuit for failure to comply with the pre-suit requirements of the Medical Professional Liability Act, and the circuit court's order denying his Rule 60(b) motion.

3. James Blaine Waldron v. Tom Scott, Adm., et al. - 33434

4. David A. Rosen v. Kathleen R. Rosen - 33437 - Petitioner mother appeals from the circuit court's order affirming the "order retaining jurisdiction over child custody" issued by the family court of Monongalia County.

5. Michelle L. Ford, et al. v. Garly Dickerson, Sr., et al. - 33449 - Plaintiffs appeal an adverse summary judgment order in a case brought to enjoin defendants from obstructing what plaintiffs assert are public rights-of-way.

6. State of W. Va. v. Owen Hawk, III - 33435 - Owen Hawk, III appeals his conviction for one count of Fleeing from an Officer While Under the Influence of Alcohol.

7. Office of Lawyer Disciplinary Counsel v. E. Dennis White, Jr. - 33649 - A Petition for Injunction and Complaint was filed against Respondent in the Circuit Court of Cabell County by Joseph M. Farrell, Jr. on behalf of the Security Title Guarantee Corp. of Baltimore. IndyMac Bank wired $104,314.10 to Respondent as settlement for Security Title Guarantee Corp. of Baltimore. These funds were loan proceeds for closing of a loan for IndyMac's borrowers. The closing was cancelled and IndyMac demanded return of these funds. After numerous request, Respondent admitted he no longer had the funds and had converted these funds to his personal use without authorization. Respondent has committed violations of the Rules of Professional Conduct, Rules 1.15(a) and 8.4(c). ODC requests temporarily suspension of the license of Respondent until disciplinary proceedings against him by the LDB have been completed and the Court authorized Chief Judge of Cabell County to appoint another lawyer to serve as trustee to protect the interests of Respondent's clients.

8. SER Delpha J. Larch v. Timothy G. Leach, Chief Adm. Law Judge, et al. - 33709 - Dismissed.

9. SER Rodger Mitchell v. Hon. Thomas C. Evans, III, Judge - 33714 - Petitioner seeks issuance of writ of mandamus to compel the court to rule on a Motion to Withdraw as counsel. – Dismissed.

10. Barbara Conley Deitz v. Billy Harrah Deitz - 33446 - Petitioner wife appeals from the order of the family court and circuit court regarding the payment of alimony and respondent husband's contempt. Petitioner wife further seeks a stay pending her appeal.

Argument Docket
Wednesday, Jan. 23

1. Gregory J. Muto, by Linda Muto, Adm., et al. v. Larry Scott, et al. - 33506 - Petitioner seeks an appeal of the circuit court's January 16, 2007, order that granted the respondent's motion to dismiss for failure to file the claim within the statute of limitations. The court found that the amended complaint naming the defendants did not relate back to the original complaint that named "John Doe." - To be presented on briefs only without oral argument.

2. Johnnie Hoover v. Peter K. Moran - 33460 - Petitioner appeals the December 29, 2006, Order of the Kanawha County Circuit Court, which denied the petitioner's Motion to Dismiss.

3. Frank A. Savarese v. Allstate Insurance Co., et al. - 33443 - Plaintiff appeals the circuit court's order dismissing his lawsuit without prejudice for lack of subject matter jurisdiction. The lawsuit asserts first party bad faith and related claims.

4. State of W. Va. v. Harold Lee Cyrus - 33453 - Harold Lee Cyrus appeals his conviction for two counts of Sexual Abuse by a Custodian and two counts of Incest.

5. Arthur C. Boggs v. Quetta Muzzle, Acting Comm'r, WV BEP, et al. - 33440 - Clearon Corporation appeals an order of the Circuit Court of Kanawha County reversing the West Virginia Bureau of Employment Programs, Board of Review holding the respondents Boggs and Childress were disqualified from receiving unemployment compensation benefits because they voluntarily quit their jobs after taking a lucrative and undisputedly voluntary early retirement package.

6. SER Ronald W. Holcomb v. Hon. William J. Sadler, Judge - 33669 - Petitioner, indicted with First Degree Murder with Death of a Child by a Parent by Child Abuse, seeks writ of prohibition to prohibit the Mercer County Circuit Court from entering an order that would approve DNA laboratory testing at the WV State Police Crime Laboratory of the his deceased child finger nail scrapings. Petitioner would agree to submit the finger nail scrapings to an independent laboratory for testing. This case is set for trial on 9/26/07.

7. SER Randall J. Lockhart v. Hon. William J. Sadler, Judge - 33715 - Dismissed.