*** SupCo calendar for 9/7 issue

By The West Virginia Record | Sep 3, 2009

Motion Docket
Tuesday, Sept. 8

1. State of WV v. Jody Wayne Dobbs - 090487 - Defendant appeals his conviction for sexual abuse in the first degree and sexual abuse by a parent. He alleges, inter alia, multiple instances of improper prosecutorial comments, evidentiary error, that two witnesses were not competent to testify and were not administered the required oath, that witnesses who purported to give expert opinions gave testimony that should have been excluded, and plain error or, alternatively, ineffective assistance of trial defense counsel.

2. State of WV v. Paul E. Jackson - 090703 - Defendant appeals his convictions on two counts of sexual abuse by a parent, guardian or custodian and two counts of first degree sexual abuse. Defendant raises issues related to the Confrontation Clause, Rule 404(b) evidence, and the grand jury's indictment.

Argument Docket
Tuesday, Sept. 8

1. Jefferson County Citizens for Economic Preservation v. Jefferson Cty. Comm., et al. - 34583 - The Jefferson County Commission appeals from the circuit court's order granting partial summary judgment in favor of the Jefferson County Citizens for Economic Preservation by invalidating the April 8, 2005, amendments to the zoning ordinance in this declaratory judgment action. The County Commission challenges the circuit court's finding that the Commission followed the wrong statute in the Ordinance amendment process.

2. Mountain America, LLC, et al. v. Donna Huffman, Assessor of Monroe County - 34426 - Owners of property in the Walnut Springs Mountain Reserve subdivision in Monroe County appeal the circuit court's order affirming the board of equalization and review's order affirming the county assessor's 2007 property tax assessments. They argue that their properties have been overvalued for tax purposes, and that the assessments and appeal process are unconstitutional for several reasons.

3. Princeton Insurance Agency, Inc., et al. v. Erie Insurance Company, et al. - 34498 - Defendants appeal from an adverse jury verdict in this action alleging violations of the West Virginia Anti-Trust Act and the West Virginia Unfair Trade Practices Act, and West Virginia's incorporation of the consumer protection portions of the Graham, Leach, Bliley Act. While the jury found in favor of the defendant insurance group as to the consumer protection claims, it also found that the defendant insurance group had committed an unlawful restraint of trade and was liable under the Anti-Trust Act and the Unfair Trade Practices Act. Defendants raise errors related to jurisdiction, damages, evidence, and various rulings of the circuit court. Defendants seek a reversal of the circuit court's decision to allow the anti-trust claims to proceed to trial, as well as a new trial.

4. Betty Lou Zirkle Carpenter v. Shirley Blaniar Luke - 34497 - The petitioner, Shirley Blaniar Luke, appeals the Harrison Circuit Court's rulings denying a Motion to Alter or Amend Judgment pursuant to West Virginia Rule of Civil Procedure Rule 59 and denying a Motion for New Trial pursuant to Rule 59. The original civil action was brought by the Respondent seeking declaratory relief to establish ownership of certain real estate located in Harrison County, West Virginia. A jury determined that the petitioner had not adversely possessed the real estate and had not obtained an easement by prescription.

5. Jason L. Galloway v. Tiffany D. Galloway - 34588 - Jason L. Galloway appeals the circuit court's order which affirmed the family court's order refusing to disestablish paternity and ordering him to pay child support.

6. State of West Virginia v. Walter Jessie - 34589 - Petitioner was convicted in the Circuit Court of Mingo County of unlawful assault, a lesser included offense of malicious assault. The petitioner seeks to have the judgment set aside by arguing that he was denied his right to a speedy trial in violation of the Constitution of West Virginia and the Constitution of the United States.

7. Charles Crihfield v. Steven Brown and The Home Show LLC - 34593 - Plaintiff appeals from the circuit court's order denying his motion for summary judgment in this action seeking injunctive relief and a declaratory judgment that defendants were not legally authorized to re-institute an arbitration that had previously been commenced by defendants and unilaterally terminated by them. The circuit court ruled in favor of defendants and directed that the re-instituted arbitration proceed.

8. Matthew Wysong by Mary L. Ramsey v. WVDHHR, et al. - 34594 - Petitioner DHHR appeals from the circuit court's order reversing the Board of Review's affirmance of the Bureau of Medical Services's determination that respondent failed to meet the medical eligibility requirements of the Medicaid MR/DD Waiver Program upon his initial application. DHHR seeks a reinstatement of the decision of the State Hearing Officer.

9. Hugh M. Caperton, et al. v. A. T. Massey Coal Co., Inc., et al. - 33350 - Arguments on remand from United States Supreme Court of defendant's appeal from an adverse jury verdict in this action for tortious interference with a business relationship, fraudulent concealment and fraudulent misrepresentation. THIS CASE WILL BE CALLED FOR ARGUMENT AT 2 PM. Chief Justice Benjamin disqualified. Senior Status Judge Holliday sitting by temporary assignment.

Motion Docket
Wednesday, Sept. 9

1. WV Tire Disposal, Inc. v. Public Service Commission of West Virginia - 091078

Argument Docket
Wednesday, Sept. 9

1. Robert J. Zaleski, M.D. v. West Virginia Mutual Insurance Company - 34620 - Defendant appeals from the circuit court's order (1) denying defendant's motion for reconsideration of its motion to dismiss or, in the alternative, motion for summary judgment; (2) denying defendant's motion for entry of an order granting its motion to dismiss pursuant to Rule 12(b)(6); and, (3) denying defendant's motion for entry of order remanding the non-renewal to defendant for further hearing. Defendant also appeals from the circuit court's sua sponte order amending defendant's non-renewal hearing procedures. Defendant seeks a reversal of the circuit court's rulings and a removal of Judge Recht from this case. Defendant also seeks its costs and expenses, including reasonable attorney's fees, and such other relief deemed appropriate.

2. Wang-Yu Lin v. Shin Yi Lin, Enterprise Rent A Car of Kentucky, et al. - 34596 - Enterprise Rent A Car of Kentucky and Empire Fire and Marine Insurance Company appeal the circuit court's declaratory judgment order finding the that there is insurance coverage. The case pertains to policy language and exclusions in a Supplemental Liability Policy purchased when renting an automobile.

3. Lloyd Michael Noland, R.N. v. Virginia Insurance Reciprocal, et al. - 34702 - In a case seeking a declaratory judgment on insurance coverage issues and asserting first party bad faith claims, plaintiff Lloyd Michael Noland appeals adverse portions of a summary judgment order and orders granting motions to dismiss later added defendants.

4. In Re: Ryan B. - 34598 - Petitioner/Mother appeals the lower court's order terminating Respondent/Father's child support obligations following voluntary relinquishment of his parental rights. - To be presented on briefs only without oral argument.

In Re: Caitlyn M., Carson M. and Steven M. - 34704 - Petitioner/Father appeals the Order of the lower court maintaining his child support obligation after he voluntarily relinquished his parental rights.

5. In Re: Brittany B., et al. - 34599 - Petitioner appeals the termination of her parental rights and the denial of post-termination visitation.

6. SER David Rosenberger v. Howard Painter, Warden - 34700 - Petitioner, David Rosenberger, appeals a denial of habeas corpus relief in the Putnam County Circuit Court on July 6, 2007. Petitioner Rosenberger primarily argued that he was denied his constitutional right to a fair trial due to the ineffective assistance of counsel and cumulative error from various errors during his trial. In 1995, the petitioner was convicted of First Degree Murder.

7. Carol A. Helfer v. Robert A. Helfer - 34703 - Wife appeals circuit court order denying her appeal of Family Court Order which held that Husband's chiropractic business had a goodwill value of zero.

8. Leslie Equipment Co. v. Wood Resources Company, Christopher Todd Zach, et al. - 34712 - Defendants Christopher Todd Zach and Ramona C. Goeke appeal the circuit court's order denying their Motion to Set Aside Default Judgment and Dismiss for Lack of Jurisdiction. They argue, inter alia, that constructive service of process was insufficient to establish in personam jurisdiction over them.

9. Howard Wrenn and Sandra Belcher v. WV Dept. of Transportation, et al. - 34717 - The plaintiffs appeal the circuit court's order granting the defendant Division of Highways' motion to dismiss. The court found that exclusionary Endorsement No. 7 to the State's liability insurance policy means that there is no coverage for the plaintiffs' claims, thus the defendant enjoys sovereign immunity and the court lacks subject matter jurisdiction. The plaintiffs argue that the court erred in its reading of the endorsement and erred by not holding that the endorsement is void as against state law and public policy.

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