WEST VIRGINIA RECORD

Argument Docket
2 p.m., Tuesday, Jan. 13

1. SER Deborah Harper-Adams, Admx. v. Donna Sue Murray, et al. - 33730

2. Raines Imports, Inc. v. American Honda Motor Company 33803 - This is a petition for appeal from an Order of the Kanawha County Circuit Court entered March 26, 2007, granting American Honda Motor Company's Motion for Summary Judgment. - Chief Justice Benjamin disqualified. Judge Wilkes sitting by temporary assignment.

3. State of WV v. Gloria Jean Willett - 33835 - Defendant appeals her convictions on three counts of possession of a controlled substance (Oxycodone) with intent to deliver; one count of possession of a controlled substance (Alprazolam) with intent to deliver; and, one count of conspiracy to commit a felony. Defendant asserts that the circuit court erred by not allowing her daughter to testify as an expert on "drug hoarding" and erred by permitting the introduction of 404(b) evidence.

4. Camden-Clark Memorial Hospital Corp. v. St. Paul Fire and Marine Insurance Co. - 33909 - The United States District Court for the Southern District of West Virginia, Parkersburg Division, presents the following certified questions:

1. Under West Virginia law, when an insured is found liable for a tort, and the complaint indicates that the tort could be based on conduct that the insurance policy covers, on conduct that the insurance policy does not cover, or both, and when the jury verdict does not specify which conduct gave rise to the insured's liability, does the insured bear the burden of proving that the liability was based on covered conduct, or does the insurer bear the burden of proving that the liability was based on non-covered conduct?

2. Under West Virginia law, when a jury awards punitive damages against an insured, and the punitive damages could be based on a claim covered by the insurance policy, on a claim not covered by an insurance policy, or both, does the insured bear the burden of proving that the punitive damages were based on a covered claim, or does the insurer bear the burden of proving that the punitive damages were based on a non-covered claim?

5. SER Ross Gray v. David Ballard, Warden, Andrew Mendelson and Kevin Neiswonger - 34591 - Petitioner seeks the issuance of a writ of habeas corpus, arguing that his right to appeal has been denied due to ineffective assistance of counsel and that the lower court abused its discretion in denying his Motion to Terminate Counsel.

Argument Docket
10 a.m., Wednesday, Jan. 14

1. Paul L. Ashbaugh and Ashbaugh Custom Builders v. The Corporation of Bolivar - 33910 - Plaintiffs appeal from the circuit court's order granting the defendant Town of Bolivar's motion for summary judgment. Previously, this case was before the Court in State ex rel. Brown v. Corporation of Bolivar, 209 W.Va. 138, 544 S.E.2d 65 (2000), and State ex rel. Brown v. Corporation of Bolivar, 217 W.Va. 72, 614 S.E.2d 719 (2005) ("Brown II").

2. State of WV v. Jeff Corra - 33911 - Defendant was convicted of four counts of furnishing alcohol to persons under the age of 21 in violation of W.Va. Code § 60-3-22a(b). Defendant was given the maximum sentence of 40 days of incarceration, a $400 fine, and court costs. Defendant questions the sufficiency of the evidence to convict and asserts procedural and evidentiary error below.

3. SER WV Dept. of Health and Human Resources v. Hon. Timothy Ruckman, Judge - 33912 - The West Virginia Department of Health and Human Resources sought a Writ of Prohibition against Family Court Judge Ruckman. The writ was granted in part on October 25, 2007. The Clay County Circuit Court found that the Family Court could order the DHHR to investigate non-abuse and neglect matters. The Circuit Court also found that the Family Court had the authority to order the DHHR to supervise visits in a non-abuse and neglect matter. The DHHR appeals from the Circuit Court's Order.

4. Tammy Conley, Admx. v. Jerry Stolling, Joseph Richards, Steven R. Richards, et al. - 33913 - The petitioner brought a wrongful death action against Respondents Cabot Oil & Gas Corporation, Joseph Richards and Steven Richards. Summary Judgment was granted in favor of those three defendants by the Kanawha County Circuit Court. On appeal, Petitioner requests that the Court reverse the rulings for summary judgment and order further discovery, as well as a trial.

5. J.H. v. WV Division of Rehabilitation Services - 33918 - J. H. brought personal injury action against the West Virginia Division of Rehabilitation Services for injuries he sustained by being sexually molested while he resided at the defendant's Center. The trial court dismissed the action pursuant to Rule 12(b)(6) and found that the defendant was entitled to qualified immunity based upon the "public duty doctrine". The trial court concluded that the plaintiff had not established any "special duty" owed him by the WVDRS.

6. State of WV v. Billie Dawn Hatley - 33919 - Defendant appeals following her conviction of first degree robbery. She was sentenced to a 10-year determinate sentence. Defendant raises jury and sentencing issues. She seeks a reversal of her conviction, a vacation of her sentence, and a new trial -- or such other relief as this Court deems appropriate.

7. Norman Alderman v. Pocahontas County Board of Education - 33922 - The Board of Education appeals from the circuit court's order reversing the decision of the Grievance Board that upheld respondent employee's termination on the basis of insubordination. The Board of Education seeks a reversal of the circuit court's decision. The Board asserts, inter alia, that the circuit court failed to give the Grievance Board's findings of fact meaningful attention and erred by concluding that the Board did prove that respondent was insubordinate.