*** State Supreme Court calendar for 9/27 issue

By The West Virginia Record | Sep 23, 2010

Argument Docket
Tuesday, Oct. 12

1. State of West Virginia v. Donald L. Longerbeam - 35472 - Defendant appeals his conviction for one count of Sexual Abuse by a Parent, Guardian, Custodian, or Person in a Position of Trust of a Child. He argues that he was not the custodian of or person in a position of trust with the alleged victim as those terms are defined by statute, and that the alleged victim was not in his care, custody or control on the date of the alleged conduct.

2. State of West Virginia v. Jason Devon Williams - 35477 - Defendant appeals from a circuit court's denial of his motion to suppress his confession on the basis that his right to counsel had attached at the time of his questioning. Defendant entered a guilty plea to his indictment with the right to pursue the trial court's denial of his motion to suppress and with the right to withdraw his guilty plea in the event his petition to this Court is granted and the trial court's denial of his motion to suppress is reversed.

3. Susan D. Justice v. Denver D. Justice - 35481 - In this divorce action, petitioner Denver D. Justice appeals from a July 13, 2009, Order of the Logan County Circuit Court which affirmed the Family Court's award of spousal support in the amount of $1,000 per month and the equitable distribution of marital property. - Dismissed

4. Sharon James and Glen Nelson v. Vivian Knotts and Betty Nelson - 35482 - Petitioners Vivian Knotts and Betty Nelson, appeal from the Final Order of the Clay County Circuit Court which denied their Motion for Judgment Notwithstanding the Verdict, or in the alternative, Motion for a New trial. Petitioners were the defendants and co-executrixes of the Estate in an action to set aside and revoke the granting of probate of the Last Will and Testament of Irene T. Nelson. A Clay County jury found that the decedent lacked testamentary capacity at the time of the execution of her will on July 29, 2005, and that the Will was the result of undue influence.

5. State of West Virginia v. Timothy C. Edmonds - 35474 - Petitioner Timothy C. Edmonds appeals his convictions for three counts of sexual abuse by a person in a person in a position of trust under West Virginia Code Section §61-8D-5. On appeal, petitioner argues that there was insufficient evidence presented at trial that the alleged victim was under his care, custody or control.

6. SER Jessie Davis v. Hon. Michael Thornsbury, Judge - 35658 - Petitioner seeks issuance of a writ of mandamus arguing that the circuit court has not complied with a previous order of this Court to strike out the portions of a prior circuit court order mandating that Petitioner pay filing fees for habeas petition. - Dismissed.

7. SER John Heath White v. Hon. David W. Hummel, Jr., Judge - 35661 - Petitioner seeks to compel the court to take some action in his petition for writ of habeas corpus pending below. - To be presented on briefs only without oral argument.

8. Charles L. Johnson, dependent son v. WVOIC and Foote Mineral Company - 35382

Argument Docket
Wednesday, Oct. 13

1. Meredith D. Williams v. The WV Division of Motor Vehicles, et al. - 35490 - The DMV appeals from the circuit court's order reversing an order of revocation on the basis that the DMV's second order of revocation, after rescinding its initial order of revocation, was contrary to W.Va. Code §17C-5A-1a(d). The DMV seeks a reversal of the circuit court's order.

2. Traders Bank v. Sherman Dils III, Pamela Dils and Dils Rentals, Inc. - 35497 - The Circuit Court certifies the following question: Where a plaintiff lender seeks to recover a debt on a promissory note, does the maker of the promissory note have standing to assert, as a defense and counterclaim, a tort claim of fraud in the inducement, on the basis that the maker relied upon the oral promise of the lender (that the lender knew or should have known would not be fulfilled), where the lender claims that it is relevant that the promise made was for the benefit of a third party, but where the counterclaimaint asserts that it is the deceit by false promise, not the nature of the promise, which gives rise to standing in a tort claim of fraudulent inducement. Circuit Court's Answer: Yes.

3. Irma J. Riffle, Administratrix v. C.J. Hughes Construction Company, Inc., et al. - 35521 - Plaintiff appeals from the circuit court's order dismissing this deliberate intent and wrongful death action. Plaintiff seeks a reversal of the circuit court's dismissal order and seeks a remand for trial.

4. Robert L. Sams v. City of White Sulphur Springs, Board of Zoning Appeals - 35531 - Petitioner board appeals from the circuit court's order reversing its decision that respondent's use of certain property was a non-conforming use under pertinent zoning laws. Petitioner asserts that the circuit court erred by allowing the admission of new evidence at a hearing before the circuit court on respondent's petition for a writ of certiorari. Petitioner asserts that its decision was not clearly erroneous and that it could only act upon the record made before it.

5. B.A. McClure and Cheryl McClure v. City of Hurricane, et al. - 35532 - The City of Hurricane and the City of Hurricane Sanitary Stormwater Board appeal the circuit court's order granting summary judgment in favor of plaintiffs B.A. and Cheryl McClure on plaintiffs' declaratory judgment action. The court ruled that a stormwater management ordinance does not apply to the residential subdivision that plaintiffs are developing.

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