*** SupCo calendar for Jan. 19 issue

Motion Docket
Tuesday, Jan. 27

1. State of West Virginia v. Michael E. Martin - 081486 - Defendant appeals from his convictions for first degree murder without mercy and conspiracy. He was sentenced to life without the possibility of parole. Defendant challenges the verdict on the sufficiency of the evidence and alleges errors relating to jury instructions and the use of Rule 404(b) evidence. Defendant seeks a dismissal or remand for a new trial.

2. State of West Virginia v. Patricia Darlene Brown - 081538 - Patricia Darlene Brown appeals her conviction for Second Degree Murder and the denial of her two motions for new trial.

3. Charleston Area Medical Center, Inc. v. State Tax Department - 081802 - Petitioner taxpayer appeals from the circuit court's order affirming the administrative decision denying a petition for reassessment of additional Provider Tax and interest.

4. State of West Virginia v. Dean Gamble, Sr. - 081626 - Dean E. Gamble, Sr. appeals his convictions for one count of conspiracy to deliver a controlled substance, and one count of delivery of a controlled substance as an accessory before the fact. He asserts that the court erred in admitting certain prejudicial evidence, and asserts a double jeopardy violation.

5. Norman and Victoria Sines v. Randy C. Huffman, Secretary, et al. - 081949 - Petitioners filed an administrative appeal seeking judicial review of the issuance of seven oil and gas well permits by the Office of Oil & Gas, West Virginia Department of Environmental Protection. Petitioners sought a stay or restraining order pending the appeal and declaratory relief regarding property rights in Doddridge County. The Kanawha County Circuit Court dismissed the administrative appeal and determined that petitioners did not have the right to appeal an oil and gas permit. Petitioners' declaratory relief was denied because the real property was located in Doddridge County and the lower court determined that Kanawha County was the wrong forum.

6. State of West Virginia v. Richard "Ricky" Booth - 081896 - Richard Booth appeals the 80 year sentence he received for his conviction upon guilty plea to First Degree Robbery.

7. David D. Rabb v. Michael Coleman, Acting Warden - 081955 - Petitioner, David D. Rabb, appeals from the Kanawha County Circuit Court's Order denying a request for Habeas relief for petitioner's conviction of two counts of Kidnapping, one count of Malicious Assault and one count of First Degree Robbery. Petitioner was ultimately sentenced to life imprisonment without mercy on the Kidnapping charge, as well as other sentences deemed to run both consecutively and concurrently.

8. State of West Virginia v. Steven A. Watkins - 081904 - Steven A. Watkins appeals his conviction for attempted robbery in the second degree. He asserts several grounds of insufficiency of the evidence, evidentiary error, and improper argument by the prosecutor.

Argument Docket
Tuesday, Jan. 27

1. Secretary of the WV Dept. of Environmental Protection v. Goals Coal Co., et al. - 34138 - Petitioner appeals from the circuit court's final order affirming the decision of the Surface Mine Board in this administrative appeal. Respondent sought to build a coal storage silo within 300 ft. of an elementary school, and the Surface Mine Board concluded that the proposed site was within the permit area of the relevant permit.

2. SER Department of Health and Human Resources v. Hon. Louis Bloom, Judge - 34582 - Petitioner seeks writ of prohibition to prohibit enforcement of the circuit court's order implementing a plan for redesigning delivery of behavioral health services in state institutions. Petitioner argues the circuit court violated the separation of power between the executive and legislative branch by encroaching how Traumatic Brain Injury service programs are funded.

3. Kasserman and Bowman, PLLC v. Jane L. Cline - 34140 - Petitioner seeks Declaratory Relief to obtain a judicial determination as to whether West Virginia Code §23-5-16 permits a twenty percent contingency fee to be awarded upon: (1) the settlement of medical benefits in a workers' compensation claim; and (2) additional permanent total disability benefits awarded for an earlier onset date as a result of litigation or appeals on behalf of a claimant for the statutory maximum period of 208 weeks per award. The Kanawha County Circuit Court granted summary judgment in favor of the Insurance Commissioner and found that the Code does not permit a twenty percent contingency fee.

4. Howard J. Trickett, et al. v. Gianola, Barnum & Wigal, LC - 34141 - David J. Trickett appeals the circuit court's order which determined how settlement proceeds should be disbursed.

5. Lawyer Disciplinary Board v. Raymond David Brown, Jr. - 33516

6. Lawyer Disciplinary Board v. Daniel R. James - 33600 - Respondent represented a client in a criminal matter arising from an automobile accident causing death. Respondent knowing conferred with the other party prior to accepting his client violating Rule 1.7, 1.9 and 1.16 of the Rules of Professional Conduct with provides: Conflict of Interest and Declining or terminating representation.

7. SER Office of Disciplinary Counsel v. Michael R. Cline - 34341 - Petitioner seeks issuance of a Rule to Show Cause why Respondent should not be held in contempt of the Court's Order entered 3/19/07. Petitioner requests Respondent's law license be suspended until Respondent complies with Court's Order and provide an audit of its office accounts to the Office of Disciplinary Counsel. - Dismissed.

8. SER Vaughn Jackson v. Hon. James J. Rowe, Judge - 34585 - Petitioner seeks a writ of mandamus to compel the circuit court to rule on his writ of habeas corpus and for production of certain documents. - Dismissed.

Argument Docket
Wednesday, Jan. 28

1. State of WV v. Ronald Reed, Sr. - 34136 - Ronald Reed, Sr. appeals his convictions for 2 counts of Incest, 2 counts of Sexual Abuse by a Parent, 1 count of Sexual Assault in the First Degree, 31 counts of Sexual Abuse by a Custodian, and 30 counts of Sexual Assault in the Third Degree. He raises 26 assignments of error.

2. Terry Hill v. Gregory Brent Stowers - 34143 - Continued.

3. Jennifer L. Caruso v. Brian N. Pearce and P & T Trucking, Inc., et al. - 34144 - Plaintiff appeals from the circuit court's order dismissing this civil action under Rule 41(b). Plaintiff contends that good cause was shown for the dormancy and delay; that there was no prejudice to defendant; and, that the dismissal order was entered even though the circuit court had never entered a Rule 16(b) scheduling order. - To be presented on briefs only without oral argument.

4. Ulissa Howell v. John Goode - 34145 - Ulissa Howell appeals the circuit court's order which affirmed the family court's order denying her petition to extend child support beyond her child's 18th birthday while the child completes an Individualized Education Program with the public high school.

5. Wesley Cross v. Mark E. Smith - 34147 - The petitioner, Mark E. Smith, seeks reversal of the trial court's Order granting the plaintiff's Rule 59 Motion for a New Trial. The Brooke County Circuit Court granted a new trial on the basis that it believed that it was up the jury to determine whether the defendant did, in fact, look effectively before making a left-hand turn.

6. Arden E. Fredeking v. Marlise Tyler and Bradford Tyler, et al. - 34150 - Defendants appeal the circuit court's order granting judgment as a matter of law on the issue of ownership of a vehicle involved in an accident, and granting a new trial on the issue of damages to this vehicle. Defendants argue inter alia that the jury's verdict was supported by the evidence, the court applied the wrong state's law, and plaintiff's expert's opinion should have been excluded.

7. Builders' Service & Supply Co. v. Christal M. Dempsey, et al. - 34154 - Defendant appeals from the circuit court's order denying her motion to reinstate and denying her motion to reconsider the order denying her motion to reinstate. Defendant contends that the circuit court erred because there was good cause established for the period of inactivity warranting the reinstatement of the action.