WEST VIRGINIA RECORD

Argument Docket
Tuesday, Jan. 12

1. Lawyer Disciplinary Board v. G. Patrick Stanton, Jr. - 34257 - Petitioner has been charged with Misconduct engaging dishonesty, fraud, deceit when he gained access to a "client" (Rose Auvil) with his driver's license and WV bar card; and conduct prejudicial to administration of justice when he engaged in sexual conduct with the "client". Petitioner denies Auvil is a client although he has represented her on various matters over the years.

2. Lawyer Disciplinary Board v. Jeffrey L. Barton - 34623 - Petitioner charges the Respondent with violation of Rules: 1.15, Safekeeping Property; 1.16 Declining or Terminating Representation; 8.4 Misconduct; 1.5 Fees; and 1.8 Conflict of Interest: Prohibited Transactions.

3. Lawyer Disciplinary Board v. Kenneth E. Chittum - 34733 - The Investigative Panel has found probable cause exist to charge Respondent with violation of the Rules of Professional Conduct. Rule 1.3 - Diligence, failure to deliver personal belonging to client;
Rule 1.4 - Communication, failure to communicate with client; Rule 1.8 - Conflict of Interest; Prohibited Transaction, Respondent deposited his personal funds in client's prison account not related to litigation; Rule 8.4 - Misconduct, Respondent initiated a personal relationship with client; Rule 1.15 - Safekeeping of property, failure to properly maintain a separate client trust account with personal money.

4. Village of Barboursville v. Godfred Gonuh - 34629 - Mr. Gonuh appeals the circuit court's 12/27/07 order finding him guilty of driving 102 mph in a 70 mph zone. - To be presented on briefs only without oral argument.

5. Samantha Beane v. Barry J. Dailey, II - 34630 - Mr. Dailey appeals the circuit court's 01/08/08 Order-Award of Damages following its entry of its default judgment against him in an order entered on 08/01/03.

6. State of West Virginia v. Ray Rash - 34708 - Petitioner appeals his conviction of one count of sexual abuse in the first degree, one count of sexual assault in the first degree, and one count of sexual abuse by a custodian. - To be presented on briefs only without oral argument.

7. State of West Virginia v. Justin Keith Black - 34722 - Justin Keith Black appeals his conviction for second degree murder. He alleges multiple trial errors, including the failure to suppress his statement to police, the exclusion of expert and other testimony, the denial of a motion to change venue, the failure to disclose exculpatory evidence and the specific time of the offense, and improper comment by the prosecutor. - To be presented on briefs only without oral argument.

8. SER Christopher Browning v. Hon. Daniel P. O'Hanlon, Judge - 35135 - Petitioner seeks issuance of a writ of mandamus arguing that circuit court has acted with unreasonable delay in ruling upon his underlying habeas corpus petition. - To be presented on briefs only without oral argument.

9. SER Frantz Henry Morris v. Hon. James P. Mazzone, Judge - 35137 - Petitioner seeks to compel the lower court to rule on his motion to set aside his conviction - Dismissed

10. SER Lawrence E. Scible v. Hon. Paul M. Blake, Jr., Judge - 35136 - Dismissed

Motion Docket
Wednesday, Jan. 13

1. In Re: Reba Prino, an alleged protected person Mary Kay Prino, Petitioner - 090828 - Petitioner appealed a Cabell County Circuit Court Order appointing Victor Prino, II as guardian/conservator of Reba P. and filed a new petition by virtue of West Virginia Code §44A-4-6. The petitioner now appeals the Cabell County Circuit Court's Order denying the appeal based upon a lack of jurisdiction.

2. James E. Beichler v. West Virginia University at Parkersburg - 091140 - Petitioner James E. Beichler filed a West Virginia Wage Payment and Collection Act claim against the Respondent West Virginia University Parkersburg for alleged wages owed. The Kanawha County Circuit Court dismissed the case pursuant to Rule 12(b)(1) and ruled that the matter is barred by Constitutional Immunity.

3. Terry Lee Phillips v. WV Division of Motor Vehicles - 091172 - Petitioner sought a writ of prohibition from the circuit court seeking to have a hazardous driving designation deleted from his driving record. Petitioner asserts that the Department of Motor Vehicles wrongly classified an out-of-state moving violation as hazardous driving. The circuit court denied the petition for a writ of prohibition.

4. Darrell McGraw, Jr., Attorney General v. Johnson & Johnson and Janssen Pharmaceutica - 091273 - Johnson & Johnson and Janssen Pharmaceutica Products L.P. appeal the circuit court's adverse partial summary judgment order, bench trial order, and order on post-trial motions in a case brought by the W.Va. Attorney General pursuant to the W.Va. Consumer Credit and Protection Act. The court imposed $4,475,000 in civil penalties after finding, inter alia, that petitioners made false and misleading communications about two drugs that Janssen manufactures. - Justice McHugh disqualified. Judge Aboulhosen sitting by temporary assignment. - CONTINUED.

5. State of WV v. Dean Craig Spears - 091263 - Dean Craig Spears appeals his conviction for "Failure to Provide Notice of Changes in Sex Offender Registration." At a bench trial the court concluded that petitioner had not provided information about a vehicle owned by others that he regularly drove. Petitioner asserts that he was not properly informed of the sex offender registration requirements and was never asked about vehicles to which he had access.

6. Frederick Management Co., LLC v. City National Bank of West Virginia - 091250 - Plaintiff appeals from a circuit court's order granting defendant's motion for summary judgment, denying plaintiff's motion for entry of order delineating justiciable issues, and denying defendant's motion to dismiss for failure to prosecute under Rule 41. Plaintiff seeks a reversal of the circuit court's rulings.

7. Danny L. Frye v. Superior Highwall Miners, Inc. and Terex Corporation - 091157 - Defendants appeal from an adverse jury verdict in this action for age and disability discrimination. The jury awarded plaintiff $1.5 million in punitive damages in addition to compensatory damages. Defendants assert that they were entitled to judgment as a matter of law and that their constitutional right to due process was violated in the punitive damage award.

8. Lynda Young v. Bellofram Corp. d/b/a Marsh Bellofram Corp. and Joseph Colletti - 091249 - Defendants Bellofram Corporation d/b/a Marsh Bellofram Corporation and Joseph Colletti appeal the circuit court's decision that they had committed age and gender discrimination and wrongful termination of plaintiff Linda Young.

Argument Docket
Wednesday, Jan. 13

1. SER Marshall County Comm., et al. v. Phylis H. Carter, Admn. Law Judge - 35272 Petitioner in State ex rel. Marshall County Commission and Marshall County Communication 911 v. Phyllis H. Carter, Administrative Law Judge, West Virginia Human Rights Commission, and John R. Briggs, No. 091323, seeks a writ of prohibition to challenge an order to produce minutes and/or recordings of the executive sessions of the Marshall County Commission wherein specific personnel matters were discussed.

2. SER Lincoln Stuart Taylor v. Hon. David R. Janes, Judge - 35287 - Petitioner seeks a writ of prohibition and a writ of mandamus related to criminal charges pending against him.

3. State of West Virginia v. Michael Day - 34723 - Defendant appeals and seeks a reversal of his first degree murder without mercy and conspiracy convictions. Defendant asserts that the cumulative effect of trial error, as reflected in his motion for a new trial, and other plain error, all denied him the right to a full and fair trial. Defendant seeks the opportunity for a new trial. - To be presented on briefs only without oral argument.

4. Donna Sue Skidmore v. Walter Burke Skidmore - 34736 - Petitioner husband appeals from the circuit court's order refusing to hear his appeal from the family court, which awarded retroactive child support based upon petitioner husband's failure to provide tax returns to respondent mother. The family court also denied a modification of child support when it granted respondent mother's motion to modify the parenting plan because petitioner had not formally moved to modify child support in his pleadings, even though the court found that a change in excess of 15% occurred. Petitioner husband seeks a reversal of the award of retroactive child support and a reversal of the refusal to modify the current support obligation.

5. Danny L. Benson v. AJR, Inc. and John M. Rhodes - 34748 - Defendants AJR, Inc. and John M. Rhodes appeal the circuit court's order entering judgment on liability for plaintiff Danny L. Benson in this case concerning employment termination and an employment contract. Inter alia, the parties dispute the meaning of an opinion issued by this Court when their case was before this Court in 2004.

6. State of WV by Ronald E. Radcliff, Comm'r., Workforce WV v. Perry E. Davidson - 34737 - Petitioner, the Unemployment Compensation Division, appeals from the circuit court's order reversing a decision rendered in the magistrate court and finding that the petitioner had failed to meet its burden of proof in this action seeking damages as the result of the overpayment of unemployment compensation benefits to respondent. Petitioner asserts that the circuit court erred by substituting its judgment for that of the agency and exceeded its statutory jurisdiction by overruling the agency's final decision as well as the final decision of the magistrate court. Petitioner further asserts that the circuit court applied the wrong standard of review.

7. SER Aaron Gray v. Hon. David Nibert, Judge - 35279 - Habeas petitioner below seeks issuance of a writ of mandamus arguing that circuit court has failed to rule upon his underlying habeas corpus petition, which has been pending for six years. - To be presented on briefs only without oral argument.

Rehearing Conference
Jan. 14

1. Kenneth Edward Chance, Jr. v. George Hill, Superintendent, West Virginia Correctional Industries, Mount Olive Correctional Complex, No. 34627. (W.Va. Nov. 2, 2009) (Per Curiam).

2. Hugh M. Caperton, et al. v. A.T. Massey Coal Company, Inc., et al., No. 33350. (W.Va Nov. 12, 2009)(Davis, J.)(Benjamin, C.J. disqualified)(Holiday, Judge sitting by temporary assignment)(Workman, J. dissents).

3. Hugh M. Caperton, et al. v. A.T. Massey Coal Company, Inc., et al., No. 33350. (W.Va Nov. 12, 2009)(Davis, J.)(Benjamin, C.J. disqualified)(Holiday, Judge sitting by temporary assignment)(Workman, J. dissents).

4. The Associated Press v. Steven D. Canterbury, No. 34768. (W.Va. Nov. 12, 2009) (Davis, J.) (Workman, J. concurring in part and dissenting in part).