WEST VIRGINIA RECORD

Argument Docket
Tuesday, Jan. 11

State v. Elizabeth Dawn Thornton, No. 35533 - Elizabeth Dawn Thornton appeals her conviction for Child Neglect Causing Death. She asserts that the court erred by refusing to conduct a Daubert hearing and analysis; insufficient evidence of an element of the crime; the court erred by denying a motion for change of venue and a motion for mistrial because of publicity; and the court erred by denying mistrial motions when protected information was disclosed to the jury.

E.H., et al. v. Khan Matin, M.D., et al., No. 35505 - Petitioner Department of Health and Human Resources appeals from orders entered by the circuit court arising out of petitioner's statutory obligation under W.Va. Code §27-5-9 and compliance with the "Hartley Plan." Petitioner DHHR asks this Court to grant its petition for appeal and grant such other additional relief as the Court deems necessary and appropriate.

State v. Rodney Jason Berry, No. 35501 - Petitioner Rodney Jason Berry was convicted by a Raleigh County jury of First Degree Murder and Murder by Lying in Wait. Mr. Berry was sentenced to serve two life sentences without mercy by the Raleigh County Circuit Court. On appeal, petitioner alleges prosecutorial misconduct and court error in arguing that he is entitled to a new trial.

Argument Docket
Wednesday, Jan. 12

State v. Larry S. White, II, No. 35529 - Petitioner Larry S. White appeals his convictions of Murder in the First Degree and Conspiracy and denial of his Motions for a New Trial. Mr. White was sentenced to life with the possibility of parole for murder, and one to five years to be served consecutively for Conspiracy. J. McHugh disqualified. Judge Alsop sitting by temporary assignment.

Robert Doering, et al. v. City of Ronceverte, et al., No. 35553 - Petitioners below appeal the circuit court's orders wherein the court ruled that they lack standing to challenge an annexation ordinance passed by the City of Ronceverte.

SER Kristopher O. and Christina O. v. Hon. Mazzone, et al., No. 35713

In Re: Cecil T., No. 35659 - Intervenor Foster parents appeals circuit court order denying motions to terminate Father's parental rights.

State v. Howard Kenneth Murray, No. 35448 - Howard Kenneth Murray appeals his conviction for First Degree Murder under a felony murder theory. He asserts, inter alia, that it was unfair and contrary to law to convict him under a concerted action theory for the Attempted Burglary committed by his co-defendant.

David Means v. Kanawha Pizza, LLC, et al., No. 35506 - Plaintiff appeals from the circuit court's order granting defendants' Rule 12(b)(6) motion to dismiss plaintiff's personal injury negligence claim. Plaintiff seeks a reversal of the dismissal order and a remand for discovery and trial.

Jim Ennis and Chiilton Ennis v. Kristine, et al., No. 35512 - Petitioners appeal the lower court's order staying Petitioner's claims for damages pending arbitration, arguing that the circuit court erred in ignoring the requirement that certain parties must share an identity of interest before the court can invoke the exception to the rule that only parties who have actually signed an agreement containing an arbitration clause can be forced to arbitrate their claims pursuant to the agreement.