WEST VIRGINIA RECORD

Motion Docket
Tuesday, Jan. 26

1. Wolf Run Mining Company v. WV Office of Miners' Health Safety and Training - 091171 - Wolf Run Mining Company files a petition for writ of certiorari and/or petition for appeal from the circuit court's order affirming a decision of the W.Va. Coal Mine Safety Board. The board upheld two citations issued by the W.Va. Office of Miners' Health, Safety and Training for an incident where an apprentice miner was struck and killed by a piece of machinery.

2. State of West Virginia v. Stephen L. Mahood - 091291 - Petitioner Steven Lee Mahood was convicted by a jury of First Degree Murder without a recommendation of mercy. Mr. Mahood now appeals from an order of the Jackson County Circuit Court, sentencing the him to life in prison without eligibility for parole. Petitioner seeks a reversal of his conviction and a remand for a new trial.

3. State of West Virginia v. James Robert Harris - 091151 - Defendant was convicted for abduction with intent to defile, conspiracy to commit abduction with intent to defile, two counts of aiding and abetting second degree sexual assault, and one count of second degree sexual assault. Defendant received an aggregate sentence of 31 to 80 years after defendant serves a life sentence for his conviction on abduction with intent to defile, which was the triggering offense for the filing of a recidivist information. Defendant raises issues related to the application of the Rape Shield Act in the exclusion of evidence; his sentencing; and the failure to provide him with complete transcripts.

4. Karen L. Hoylman v. Michael A. Snedegar - 091350 - Michael A. Snedegar appeals the circuit court's order which denied an appeal from the family court's equitable distribution order.

5. City National Bank of West Virginia v. Mountaineer Capital, L.P. and West Virginia Capital Management, L.L.C. - 091433

6. State of West Virginia v. Sandy Martin Cook - 091433 - Defendant appeals from his convictions on 12 counts of sex related crimes. Defendant raises issues related to the delay in bringing the charges against him and evidentiary error at trial. Among other issues, defendant asserts that his sentence was constitutionally disproportional. Defendant seeks a reversal of his convictions.

7. State of West Virginia v. Jeffrey Ray Woods - 091458 - Jeffrey Ray Woods appeals his conviction for three counts of First Degree Murder without recommendations of mercy, two counts of First Degree Robbery, and one count of Conspiracy. He asserts multiple assignments of error alleging substantive error on the verdict form, violations of his right to counsel, improper search and seizure, biased jurors, multiple instances of evidentiary error, insufficiency of the evidence, cruel and unusual punishment, ineffective assistance of counsel, and cumulative error.

8. M & J Garage and Towing, Inc. v. The West Virginia State Police - 091432 - Plaintiff appeals following the circuit court's order dismissing this action for declaratory judgment, injunctive relief, and damages. Plaintiff sought, inter alia, a declaration that the State Police had exceeded its statutory power in the regulation and penalization of plaintiff, as well as an injunction to prohibit the State Police from continuing to violate plaintiff's rights. Plaintiff asks this Court to vacate the circuit court's order and issue the injunction, among other things.

9. Scott McMahon and Karen John v. Advance Stores Company and Donn Fre - 091587 - Defendants petition this Court to accept the following certified question from the circuit court:

"Does W.Va. Code § 46A-6-108(a) apply to suits for breach of limited warranty by subsequent purchasers where the limited warranty involved limits its availability to original purchasers?" The circuit court answered this question in the affirmative.

Argument Docket
Tuesday, Jan. 26

1. SER TD Ameritrade, Inc. v. Hon. Tod J. Kaufman, Judge - 35125 - Petitioner seeks a writ of prohibition to prohibit the circuit court from addressing the merits of a dispute subject to arbitration before referring the matter to arbitration and ordering the arbitrator to follow the Court's findings of facts and conclusions of law reached before the referral to arbitration. Petitioner argues the circuit court exceeded its legitimate power and authority under the Federal Arbitration Act.

2. State of West Virginia v. Larry T. - 34744 - Juvenile appeals the circuit court's order denying his motion to dismiss and transferring his case to the court's adult criminal jurisdiction.

3. State of West Virginia v. Jason C. Brown - 35280 - Dismissed.

4. In Re: Richard P. and Devon P. - 34751 - Petitioners appeal the circuit court's denial of their petition for guardianship, which sought for the court to appoint the biological mother's companion as a legal guardian of the children herein (but not replacing the rights of the biological mother). - To be presented on briefs only without oral argument.

5. Putnam Bancshares, Inc., et al. v. Progressive Classic Ins. Co. - 34769 - Defendant Progressive Classic Insurance Company appeals the circuit court's order granting summary judgment in favor of Plaintiff T.C.'s Used Cars, LLC on an insurance coverage issue. - Continued to March 3.

6. State of West Virginia v. Dallas Hughes - 34770 - Dallas Hughes appeals his conviction for first degree murder with mercy, the use or brandishing of a firearm in the commission of murder, wanton endangerment, fleeing police officers, and making a false report of emergency. He alleges multiple errors regarding the State's pursuit of a felony murder theory, that certain jurors should have been struck, and the cumulative prejudicial impact of trial errors.

7. SER Jason Williams v. Hon. Paul Zakaib, Jr., Judge, - 35305 - Defendant, convicted of First Degree Murder by guilty plea and sentenced to 15 years in prison, seeks issuance of a writ of mandamus against circuit court arguing unreasonable delay in ruling upon his underlying motion to set aside plea bargain. - To be presented on briefs only without oral argument.

Argument Docket
Tuesday, Jan. 27

1. State of West Virginia v. DeAaron Fields - 34746 - Defendant appeals from his first degree murder conviction with mercy. He challenges the circuit court's disqualification of his trial counsel for insufficient cause.

2. Kyle D. Ramey and Trina Ramey v. Contractor Enterprise, Inc. - 34804 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendant employer in this deliberate intent action. Plaintiffs assert that the circuit court erred in determining that there was no genuine issue of fact on two of the elements required to maintain a deliberate intent action and failed to construe conflicting evidence in the light most favorable to plaintiffs, the non-moving party. Plaintiffs seek a reversal of the circuit court's order.

3. Tricia Roth and Brian Roth v. DeFeliceCare, Inc. And Leslie DeFelice - 34805 - Plaintiffs Tricia and Brian Roth appeal the circuit court's order dismissing their lawsuit which alleged, inter alia, wrongful termination and discrimination against Mrs. Roth. The court found that their Complaint failed to state a claim upon which relief can be granted.

4. State of West Virginia v. Phillip Barnett and Nathan Barnett - 34806 - Nathaniel Todd Barnett and Phillip Scott Barnett file a joint petition for appeal from their convictions for Second Degree Murder. They assert a confrontation violation, instructional error, error in not striking a juror for cause, error regarding the peremptory strike process in this joint trial, and violation of their right to a speedy trial.

5. SER Vernon H. Dunlap, Sr. v. Thomas McBride, Warden - 34808 - Habeas petitioner, convicted of First Degree Murder by jury and sentenced to Life without Mercy, appeals circuit court order denying his habeas corpus petition following omnibus hearing. - To be presented on briefs only without oral argument.

6. State of West Virginia v. Charles J. Lively - 34856 - Charles J. "Jason" Lively appeals his conviction for felony murder with a recommendation of mercy. He asserts improper admission of 404(b) evidence, erroneous jury instruction, insufficiency of the evidence, and a violation of his right of confrontation.