Tuesday, Oct. 6
1. State of West Virginia v. Ryan Michael Nenigar - 091013 - Ryan Nenigar appeals the circuit court's order denying his motion for new trial based upon newly discovered evidence. He was previously convicted of first degree murder without a recommendation of mercy and conspiracy to commit murder.
Tuesday, Oct. 6
* Please note that case # 34619, number 10 on this docket will be called immediately following the lunch break at 2:00 p.m.
1. Charleston Area Medical Center, Inc. v. State Tax Department of WV - 34710 - Petitioner taxpayer appeals from the circuit court's order affirming the administrative decision denying a petition for reassessment of additional Provider Tax and interest. - Justice McHugh disqualified. Judge Swope sitting by temporary assignment.
2. SER Corporation of Charles Town v. Hon. David H. Sanders, Judge - 35034 - Petitioner seeks a writ of prohibition to preclude the Circuit Court of Jefferson County from conducting further proceedings in Case No. 08-C-297 before dismissing with prejudice the petitioner as a party to the civil action. Petitioner argues immunities are provided to municipalities under WV Code §29-12A-5(a)(6) and §8-12-12.
3. SER State of WV v. Hon. Jack Alsop, Judge - 35035 - Petitioner, State of WV, seeks issuance of a writ of prohibition stating the circuit court exceeded it legitimate power when ordering the disclosure of the names and addresses of confidential informants in the State's discovery response.
4. State of WV v. Richard "Ricky" Booth - 34711 - Richard Booth appeals the 80 year sentence he received for his conviction upon guilty plea to First Degree Robbery.
5. State of WV v. Charles M. Biehl - 34701 - Defendant appeals from his conviction of first degree murder without mercy. He was sentenced to life without the possibility of parole. Defendant challenges the verdict on the sufficiency of the evidence and alleges error relating to jury instructions and the use of Rule 404(b) evidence.
6. State of WV v. Spicy Jean Allen aka Spicy Carter - 34718 - Petitioner appeals the Mercer County Circuit Court's Order which denied Petitioner's Motion for Correction of Sentence and adjudged her guilty of Attempt to Commit a Felony. On appeal, Petitioner requests that this Court release her from imprisonment due to the fact that she has already served the statutory sentence for the crime.
7. Ernie L. Bowers v. WVOIC and Lightning Contract Service, Inc. - 35036 - To be presented on briefs only without oral argument.
Darrell W. Dotson v. WVOIC and Meadow River Coal Company - 34672 - At issue is 85 C.S.R. 20.12.2a, which requires that, in order to be compensable, a diagnosis of depression must be made within six months of the compensable injury.
8. Jenny S. Williby v. WVOIC and First Century Bank - 34455 - The claimant appeals a decision by the Board of Review that reversed a decision finding her shoulder injury compensable. At issue is whether an injury that occurs during an of-site lunch break was during the course of employment.
9. Robert H. Casdorph, Jr. v. WVOIC and WV State Police - 34473 - The claimant appeals a decision by the Board of Review that reversed a decision holding the claim compensable for chronic myelogenous leukemia due to workplace exposure to benzene. At issue is whether the evidence presented was sufficient to demonstrate a connection between the exposure and the disease.
*10. Michelle Jones v. Edward R. Setser, M.D., et al. - 34619 - Plaintiff appeals from the circuit court's order denying her motion to set aside the verdict and her motion for sanctions in this action alleging medical malpractice. Plaintiff asserts that defense counsel intentionally prejudiced the jury during closing argument. Plaintiff seeks a reversal of the circuit court's order denying her motion to set aside the verdict and for sanctions. - THIS CASE WILL BE CALLED FOR ARGUMENT AT 2 PM. Justice Ketchum disqualified. Judge Gaughan sitting by temporary assignment.
Wednesday, Oct. 7
1. Fred and Sharon Johnson v. Board of Stewards of Charles Town Races - 090844 - Fred and Sharon Johnson appeal the circuit court's order which affirmed the W.Va. Racing Commission's order which affirmed the order of the Board of Stewards of Charles Town Races. The Johnsons' horse won the 2007 Breeder's Classic, but the Board of Stewards disqualified the horse and ordered the redistribution of the purse because the horse tested positive for the presence of caffeine in its system. - Continued.
2. State of West Virginia v. Richard Alan Poore - 090752 - Defendant appeals his first degree murder conviction without mercy. Defendant raises issues related to the jury, prosecutorial misconduct, ineffective assistance of counsel, Rule 404(b) evidence, and a due process violation due to the delay between the commission of the crime and defendant's trial.
Wednesday, Oct. 7
1. Stanley W. Dunn, Jr. and Katherine Dunn v. Douglas S. Rockwell, et al. - 34716 - Stanley W. Dunn, Jr. and Katherine B. Dunn appeal the circuit court's orders granting adverse summary judgment and dismissing their claims against defendants Carol K. Rockwell and Martin & Seibert, L.C. pursuant to the statute of limitations.
2. Richard Blake, Jr. and John T. Parker v. State Farm Mutual Insurance Co. - 34725 - Petitioner State Farm appeals from the circuit court's order granting partial summary judgment in favor of plaintiffs. The circuit court found that the policy language relied upon by State Farm in its denial of liability coverage violated West Virginia law; that State Farm owed plaintiff Blake a duty of defense in a magistrate court action; and that plaintiff Blake had a reasonable expectation of coverage for the loss asserted. State Farm seeks a reversal of these rulings.
3. The Associated Press v. Steven D. Canterbury, Administrative Director - 34768 - Petitioner appeals from the circuit court's order ruling that eight of thirteen e-mails were not public record because they did not contain information related to the affairs of government, former Justice Maynard's "official acts" as a state officer, or the conduct of the public's business, but that had Justice Maynard not recused himself from the Caperton cases and other cases involving Massey, the e-mails would have been placed into the public's business. Petitioner seeks a reversal and asserts that the circuit court erred in refusing to order the disclosure of the requested public record.
4. State of WV v. Edward C. Grimes - 34735 - Edward Charles Grimes appeals his conviction for second degree murder. He alleges inter alia a Brady violation, misconduct before the grand jury, evidentiary error, insufficient evidence to allow the jury to consider first degree murder, that the court should have granted his dispositive motions, and disproportionate sentence.
5. L.H. Jones Equipment Company v. Swenson Spreader, LLC - 34745 - The United States District Court for the Northern District of West Virginia presents the following certified question:
Recognizing that Article 6, Section 30, of the West Virginia Constitution provides that "[n]o act hereafter passed, shall embrace more than one object, and that shall be expressed in the title," and that an act shall be void as to any object in it which is not so expressed, and also acknowledging the long-standing precedent of the Supreme Court of Appeals of West Virginia that "[t]he title of an act should be construed most liberally and comprehensively in order to give validity to all parts of the act," Syl. Pt. 2, Brewer v. City of Point Pleasant, 114 W.Va. 572 (1934), and that "[w]hen the principal object of an act is fairly expressed in its title, other incidental or auxiliary objects which are germane to the principal object may be included in the act without titular specification," id. at Syl. Pt. 3, is the West Virginia Farm Equipment Dealer Contract Act, W.Va. Code § 47-11F-1, et seq. ("the Act"), limited in its scope and application to "dealers" and "suppliers" of "farm equipment," as stated in the Act's title, or do the protections of the Act extend to "dealers" and "suppliers" of "farm, construction, industrial or outdoor power equipment or any combination of the foregoing," as provided in the definition of "dealer," found in the Act at § 47-11F-2?
6. Lois Arnold v. David G. Palmer, Trustee, et al. - 34738 - Petitioner bank appeals from the circuit court's order denying its motion for summary judgment in this action bought to permanently enjoin the foreclosure on certain real property. Petitioner asserts that the circuit court's order contradicts the applicable statute, case law, and a basic understanding of deeds of trust and how they function. Petitioner seeks a reversal.
7. Doris E. Jennings v. Farmers Mutual Insurance Co., et al. - 34743 - Petitioner Farmers Mutual Insurance Company appeals from an May 20, 2008, Order of the Monongalia Circuit Court, granting summary judgment on behalf of Respondent Fike and against Farmers on its claims of Contribution/Indemnity and Negligent Misrepresentation. The lower court further found that the claims of Professional Negligence and Intentional/Negligent Infliction of Emotional Distress were not assignable.
8. Keith West and Susan West v. WV Dept. of Transportation, Division of Highways - 34749 - Petitioners, the West Virginia Department of Transportation, Division of Highways and Commissioner Paul A. Mattox, appeal following a Brooke County Circuit Court jury verdict in favor of the plaintiffs in the amount of more than $8 million. On appeal, petitioners argue that the lower court erred in failing to remit the judgment amount exceeding the DOH insurance coverage, and in failing to recognize that Endorsement No. 7 provides an exclusion to coverage under the State's insurance policy.
9. Brenda Diane Ware v. David Gary Ware - 34720 - David Gary Ware appeals the circuit court's orders on issues of equitable distribution and the effect of an ante-nuptial agreement.
10. Andrea Karpacs-Brown v. Anandhi Murthy, M.D. - 34747 - Defendant doctor appeals from a $4 million verdict rendered in favor of plaintiff in this medical malpractice action. Defendant raises various evidentiary and procedural errors. Defendant seeks a reversal and a remand for an entry of judgment in defendant's favor on the decedent's claim and for a new trial on the claims of the decedent's children. In the alternative, defendant seeks a reversal of the judgment and a remand with instructions that the trial court enter judgment for no more than $1 million, plus post-judgment interest and ordinary taxable costs.
11. In Re: Emily G. - 34752 - Petitioners/Grandparents appeal the circuit court's dismissal of their petition alleging the abuse and neglect of their granddaughter, of whom they are custodians, by the child's parents through their acts of domestic violence against one another.
12. Kimberly Thomas v. Joseph B. Morris- 35141- Petitioner, Kimberly Thomas, appeals from the denial of a Petition for a Domestic Violence Protective Order from both the Clay County Circuit Court and the Clay County Family Court. Both Courts determined that the petitioner failed to establish by a preponderance of evidence that an incident of "domestic violence" or "abuse" had occurred, as defined by West Virginia Code §48-27-202(5).