SupCo calendar for 3/10 issue

Argument Docket
March 11
At WVU College of Law

1. Steven W. Chip Dantzic, David Dantzic, et al. v. Timothy Dantzic, et al. - 33523 - Timothy Dantzic appeals the circuit court's order which found that a decedent died partially testate and partially intestate, and the circuit court's order which appointed an appraiser to value certain real property.

2. Far Away Farm, LLC v. Jefferson Cty. Bd. of Zoning Appeals, et al. - 33438 - Far Away Farms, L.L.C. appeals the circuit court's decision which affirmed the decision of the Jefferson County Board of Zoning Appeals. The BZA denied a Conditional Use Permit sought for the purpose of subdividing and developing 122.88 acres in a designated rural district.

3. In Re: Petition for Appointment of Trustees for Woodlawn Cemetary - 33458 - Defendant cemetery appeals from the circuit court's order denying its motion to reconsider and from the circuit court's earlier order granting the petition for the appointment of trustees for Woodlawn Cemetery.

4. State of WV v. Mindy Keesecker - 33377 - Plaintiff appeals from her convictions on six counts of third degree sexual assault. Defendant raises various evidentiary and trial errors.

Argument Docket
March 12

1. Hugh M. Caperton, et al. v. A. T. Massey Coal Co., Inc., et al. - 33350 - Rehearing of defendant's appeal from an adverse jury verdict in this action for tortious interference with a business relationship, fraudulent concealment and fraudulent misrepresentation. Chief Justice Maynard and Justice Starcher disqualified. Judges Cookman and Fox sitting by temporary assignment. This case will be called at 2 p.m.

2. SER Blue Eagle Land, LLC, et al. v. WV Oil & Gas Conservation Comm., et al. - 33705 - Petitioners seek a writ of prohibition to challenge the exercise of jurisdiction by the WV Oil & Gas Conservation Commission over certain wells completed in (but not below) the Marcellus Shale geologic formation. - Justice Benjamin disqualified. Judge Hatcher sitting by temporary assignment.

3. Richard C. Rashid, M.D. v. Muhib S. Tarakji, M.D. - 33596 - This civil action was involuntarily dismissed under Rule 41(b) for failure to pay a twenty dollar fee. Petitioner appeals by arguing that the case was dismissed without prior notice and without an opportunity to be heard as mandated by case law. - Justices Davis and Benjamin disqualified. Judge Walker and Senior Status Judge Egnor sitting by temporary assignment. - Continued to April 1.

4. Joseph Fauble, et al. v. Alex E. Paris Contracting, Inc. v. Nationwide Mutual - 33667 - Petitioner appeals from the circuit court's order granting plaintiffs' motion for summary judgment in this action to enforce a settlement agreement and to establish the amount petitioner was entitled to receive under its subrogation claim.

5. Theresa D. Messer v. Huntington Anesthesia Group, et al. - 33663 - 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.

6. Dawn Soulsby (Martinez) v. David Soulsby - 33661 - 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.

7. Brenda Stanley v. Suthipan Chevy, M.D. - 33666 - Petitioner, Brenda L. Stanley, appeals from the Logan County Circuit Court's denial of post-trial motions. Plaintiff filed a medical malpractice suit for damages alleged in the performance of surgery. A verdict was returned in favor of the defendant by finding that the defendant was not negligent. Rescheduled to April 1.

8. State of W. Va. v. Wanda Carey & Betty Jarvis - 33522 - Petitioners were convicted in a joint trial of one count of obstructing a police officer and one count of conspiracy to obstruct a police officer. The trial court denied all pre-trial and post-trial motions. Petitioners filed this joint petition for appeal from the court's final order.

9. Vanessa Jean Pruitt, Admnx., et al. v. WV Dept. of Public Safety, et al. - 33526 - Plaintiffs appeal the circuit court's order granting summary judgment in favor of one defendant, the WV Department of Public Safety.

Writ Conference
Thursday, March 13

1. State of West Virginia v. Dina Louise Strickland, No. 080472 (Filed 2/20/08) Defendant, convicted of Malicious Wounding, DUI causing Injury, and Destruction of Property guilty plea, appeals circuit court order sentencing her to serve consecutive 2-10 and one year in prison, arguing that the sentence was illegal as it exceeded the punishment set by relevant charging statutes.

2. Randall W. Spurlock v. Oscar E. Short, No. 080302 (Filed 2/1/08) Defendant below appeals circuit court order modifying a prior order in this right-of-way action and placing a specific dollar amount each party was required to pay to repair the road in question and requiring annual payments for such road repair.

3. SER John P. Montgomery v. William Haines, Warden, No. 080317 (Filed 2/4/08) Criminal defendant, convicted of sexual abuse by a guardian and sentenced to an indeterminate sentence of 5-15 which has now discharged, appeals circuit court order denying his petition for writ of coram nobis.

4. Dylan Turner et.al. v. Charles Turner, Jr. & City Hospital, No. 080367 (Filed 2/11/08) Personal injury child plaintiffs below appeal circuit court order which held that while it had jurisdiction to approve or disapprove of settlement in infant summary proceeding it lacked jurisdiction to reduce medical expenses subrogation lien held by insurer/hospital due to preemption by ERISA.

5. SER Bobby E. Roddy v. Teresa Waid, Warden, No. 073879 (Filed 12/13/07) Prisoner seeks habeas corpus to institute charges against two prison employees for alleged offenses and to bar transfer back to that facility.

6. SER Sherman McPherson v. James Rubenstein, DOC, No. 073881 (Filed 12/10/07) Central Regional Jail inmate seeks issuance of a writ of mandamus for transfer to a DOC prison.

7. SER Mark A. Washington v. Hon. David M. Pancake, Judge, No. 080198 (Filed 1/22/08) Prisoner seeks a writ of mandamus to compel circuit court to rule on his Post-Conviction Habeas Corpus filed in September, 2005.

8. SER James L. Crabtree v. Hon. Alfred Ferguson, Judge, No. 080261 (Filed 1/22/08) Prisoner seeks a writ of mandamus to compel the circuit court to rule on a Post-Conviction Habeas Corpus.

9. SER Darnell A. Allen v. Mineral County Circuit Court, No. 080265 (Filed 1/23/08) Habeas petitioner seeks mandamus, arguing that circuit court has not acted promptly in pending habeas petition.

10. In the Matter of: Alyssa W. & Chelsea W., No. 080235 (Filed 1/25/08) Mother appeals circuit court order returning physical custody of her two daughters to their natural father.

11. In the Matter of: Joseph K., No. 080238 (Filed 1/25/08) Mother appeals circuit court order terminating her parental rights.

12. In the Matter of: Randy H., April G., Brittany T., & Megan H., No. 080239 (Father's Petition) (Filed 1/25/08) Father appeals circuit court order terminating his parental and guardianship rights to children.

13. In the Matter of: Randy H., April G., Brittany T., & Megan H., No. 080337 (Mother's Petition) (Filed 2/5/08) Mother appeals circuit court order terminating her parental and guardianship rights to child.

14. In the Matter of: Bryson L., No. 080336 (Mother's appeal) (Filed 2/5/08) Mother appeals circuit court order terminating her parental rights.

15. In the Matter of: Paxtin W., No. 080366 (Filed 2/11/08) Father appeals circuit court order terminating his parental rights.

16. In the Matter of: Heavenly, Paislyn, Anthony, Tylor & Cameron H., No. 080391 (Filed 2/13/08) Mother appeals circuit court order terminating her parental rights to children.

17. In the Matter of: Brittany & Ryan, No. 080394 (Filed 2/13/08) Mother appeals circuit court order terminating her parental rights.

18. In the Matter of: Daryle, Britnie, Glenn, III, Sabrina N., No. 080481 (Filed 2/21/08) Mother appeals circuit court order terminating her parental rights.

19. In the Matter of: Kenisha Ann B., No. 080501 (Father's Appeal) (Filed 2/25/08) Father appeals circuit court order terminating his parental rights.

20. State of West Virginia v. Billy James Fleming, No. 080084 (Filed 1/11/08) Petitioner appeals his criminal conviction (by guilty plea) on one county of forgery and one count of uttering, arguing ineffective assistance of counsel, fruits of the poisonous tree, coerced plea, and conflict of interest.

21. Enoch J. Marcum v. Gayle Marcum, No. 073548 (Filed 11/30/07) Petitioner appeals the lower court's order dismissing his action for conversion.

22. Constance Breza v. City of Wheeling, No. 073645 (Filed 12/6/07) Petitioner/Plaintiff appeals the lower court's order dismissing her action for declaratory relief.

23. SER Roger Lee Rowe v. David Ballard, Warden, No. 073580 (Filed 11/29/07) Petitioner files this original jurisdiction habeas corpus petition following this Court's decision in In re: Renewed Investigation of the State Police Crime Laboratory, Serology Division. Petitioner further alleges ineffective assistance of habeas counsel, prosecutorial misconduct, and cumulative error.

24. SER Jimmie M. Williams v. Teresa Waid, Warden, No. 073665 (Filed 12/7/07) Petitioner files this original jurisdiction petition for writ of habeas corpus, alleging ineffective assistance of counsel and violation of the principle of double jeopardy.

25. SER Mark Hinkle v. State of West Virginia, No. 073777 (Filed 12/10/07) Petitioner files this original jurisdiction petition for writ of habeas corpus, arguing that his sentence is disproportionate and unfair and that he suffered ineffective assistance of counsel.

26. SER Henry W. Johnson, II v. Scott E. Paugh, Warden, No. 073878 (Filed 12/21/07) Petitioner files this original jurisdiction petition for writ of habeas corpus alleging that his due process rights were violated when he was extradited from North Carolina to West Virginia on a Governor's Warrant that was not timely filed and subsequently convicted and sentenced.

27. SER Lee W. Hogan v. Monongalia County Circuit Court, No. 073718 (Filed 12/12/07) Petitioner seeks issuance of writ of mandamus to compel circuit court to appoint counsel and adjudicate petition for writ of habeas corpus.

28. In the Matter of: Christopher Lee E., No. 080085 (Filed 1/11/08) Petitioners/Parents appeal the termination of their parental rights.

29. In the Matter of: Cody S. and Emily S., No. 080087 (Filed 1/11/08) Petitioner/Mother appeals the termination of her parental rights.

30. In the Matter of: Rasheed M., No. 080097 (Filed 1/11/08) Petitioner/Caretaker appeals the termination of her custodial rights.

31. In the Matter of: Morgan, Mason & Antonio S., No. 080131 (Filed 1/15/08) Petitioners are current caretakers and a potential permanent placement for Antonio. They appeal the court's order reunifying the siblings and placing them with another couple for adoption.

32. In the Matter of: Azreal H. & Jacquelyn H., No. 080214 (Filed 1/24/08) Petitioner/Father appeals the termination of his parental rights.

33. In the Matter of: Azreal H. & Jacquelyn H., No. 080215 (Filed 1/24/08) Petitioner/Mother appeals the termination of her parental rights.