WEST VIRGINIA RECORD

Argument Docket
Tuesday, April 15
LAWS Program at Mercer County Courthouse, Princeton

1. Clarence T. Coleman Estate v. R.M. Logging, et al. - 33452 - Appeal from summary judgment for defendants in deliberate intent action. Plaintiff was a 24-year old timber cutter who was struck in the had and killed by a tree limb.

2. State of WV v. David Gabriel Stamm - 33505 - Appeal from felony conviction for failure to pay child support. Defendant alleges insufficient evidence and challenges the constitutionality of the underlying statute.

3. State of WV v. Joshua Lee Slater - 33659 - Appeal from felony convictions for Kidnaping, Burglary, Wanton Endangerment, and Domestic Violence. Defendant alleges five errors, including insufficient evidence, disproportionate sentence, failure to answer questions from deliberating jurors and a Sandstrom error.

4. State of WV v. James Lee Brooks - 33662 - Appeal from felony convictions for First Degree Robbery, Conspiracy to Commit First Degree Robbery, Malicious Assault, and Conspiracy to Commit Malicious Assault. Granted to review one assignment of error related to the defendant's transfer from juvenile to adult status that is an issue of first impression.

Argument Docket
Wednesday, April 16

1. In Re: Flood Litigation - Coal River Watershed - 33664 - 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.

In Re: Flood Litigation - Upper Guyandotte River Watershed - 33710 - The Segal Plaintiffs appeal from the circuit court's Order Granting In Part and Denying In Defendant's Motion for Judgment as a Matter of Law or a New Trial in which the court struck the testimony of Plaintiffs' expert witnesses. The court granted the Defendants, Western Pocahontas Ltd. Partnership and Western Pocahontas Corp., judgment as a matter of law or, in the alternative, a new trial if this Court reverses the judgment as a matter of law.

In Re: Flood Litigation - Upper Guyandotte River Watershed - 33711 - The Caldwell Plaintiffs appeal from the circuit court's Order Granting In Part and Denying In Defendant's Motion for Judgment as a Matter of Law or a New Trial in which the court struck the testimony of Plaintiffs' expert witnesses. The court granted the Defendants, Western Pocahontas Ltd. Partnership and Western Pocahontas Corp., judgment as a matter of law or, in the alternative, a new trial if this Court reverses the judgment as a matter of law. - Justices Davis and Benjamin disqualified. Judges Clawges and Pratt sitting by temporary assignment.

2. SER Stephen Wesley Hatfield v. Howard Painter, Warden - 33668 - The State/Warden appeals the circuit court's summary judgment order granting habeas corpus relief, setting aside Stephen Hatfield's convictions for First Degree Murder and two counts of Malicious Wounding, and reinstating the original indictment. - Chief Justice Maynard disqualified. Judge Cookman sitting by temporary assignment.

3. Sandra Kay Crea v. Richard Crea - 33656 - Former husband appeals circuit court order denying his appeal of Family Court Order making distribution of marital assets and debt and awarding permanent spousal support to Wife, arguing multiple errors in such distribution. - To be presented on briefs only without oral argument.

4. In Re: Samantha S. and Hope S. - 33713 - Paternal grandparents appeal circuit court order allowing Maternal grandparents to have unsupervised overnight visits with children. - Continued.

5. Bernard J. Folio and Grandeotto, Inc. V. Harrison-Clarksburg Health Dept., et al. - 33707 - The petitioner seeks a review of a final order entered on March 13, 2007, by the Circuit Court dismissing all of the petitioners' claims upon the Respondent's Rule 56 Motion for Summary Judgment. The petitioner initially challenged the Harrison-Clarksburg Health Department's attempt to relocate its facility.

6. In Re: Abbigail Faye B. - 33716 - Petitioners/Grandparents appeal the order of the circuit court denying their petition for guardianship over their infant grandchild.

7. Jimmy and Michelle Hardwick, and Yvette Spencer v. Rent-A-Center, Inc. - 33706 - The United States District Court for the Southern District of West Virginia presents the following questions for certification:

1. What is the statute of limitations for a claim brought pursuant to the Consumer Goods Rental Protection Act, West Virginia Code §46B-1-1 et seq.?

2. Does Senate Bill 145 violate the one-object rule of Article VI, Section, 30 of the West Virginia Constitution?

3. If Senate Bill 145 does violate the one-object rule, should the Court's ruling apply retroactively so as to invalidate the rules enacted therein? The District Court did not answer these questions.

8. SER Jean Kennedy v. Hon. Paul Zakaib, Jr., Judge - 33836 - Petitioner seeks a writ of mandamus to compel the respondent to entered an order of adjudication in this child and abuse case.