WEST VIRGINIA RECORD

Argument Docket
Wednesday, April 29

1. Evelyn "Peach" Murphy v. Eastern American Energy Corp., et al. - 33811 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of defendant in this deliberate intent action. The circuit court ruled that the decedent had no dependents under W.Va. Code §23-4-2(c) and that pursuant to Saville v. Speedway Super America, LLC, No. 33053 (Nov. 15, 2006) (2006 WL 3358431), defendant was entitled to summary judgment.

2. SER Alfred Gray v. Hon. H.L. Kirkpatrick, III, Judge - 34726 - Dismissed.

3. SER Henry William Johnson v. Hon. Robert A. Burnside, Jr., Judge- 34727 - Petitioner seeks to compel the Circuit Clerk to acknowledge a motion filed before the Circuit Court and to compel the Circuit Court to take action on the motion, which was filed on November 13, 2007. - To be presented on briefs only without oral argument.

4. SER Dexter Pritt v. Hon. Richard A. Facemire, Judge - 34728 - Dismissed.

5. SER Alex Farmer v. Thomas McBride, Warden - 34157 - Alex Farmer appeals the circuit court's denial of his omnibus petition for post-conviction habeas corpus. He was previously convicted of First Degree Murder with a recommendation of mercy, two counts of First Degree Sexual Assault, and Burglary. He asserts several constitutional arguments based upon Zain 1 and Zain 3, the admission of certain evidence and statements, the court's denial of his motion for judgment of acquittal and motion to strike a juror for cause, alleged juror misconduct, and alleged sentencing error.

6. SER James L. Knotts v. Hon. Richard Facemire, Judge - 34647 - Petitioner seeks a writ of prohibition to prevent the Respondent from conducting a criminal trial set for January 6, 2009. The indictment contains 129 counts of either sexual assault in the first degree, incest, sexual abuse by a custodian, or sexual assault in the third degree. Petitioner argues the thirteen to seventeen years between the alleged crimes and the indictment places the Petitioner deprives him any opportunity to impose the defense of alibi and violates Right to Due Process. - Justice Workman disqualified. Judge Sadler sitting by temporary assignment.

7. C & O Motors, Inc. v. West Virginia Paving, Inc. - 34330 - Defendant appeals from the circuit court's order awarding summary judgment in favor of plaintiff in this negligence action seeking damages. Defendant asserts that the circuit court's ruling effectively changed this negligence into one of "strict liability." Defendant further asserts that the circuit court erred by not granting defendant's motion to join a necessary party, a subcontractor, who performed the work in question. Chief Justice Benjamin disqualified. Judge Moats sitting by temporary assignment.