*** SupCo calendar for 2/21 issue

Argument Docket
Tuesday, March 8
West Virginia University -- Morgantown

Rule 20 argument - 10:00 a.m.

1. James D. MacDonald v. City Hospital Inc. and Sayeed Ahmed, M.D., No. 35543 - Plaintiffs in medical professional liability action appeal circuit court order denying post-trial motions, arguing issues dealing with the constitutionality of the cap on noneconomic damages found at W.Va. Code § 55-7B-8. - Justices Ketchum and McHugh disqualified. Judge Evans and Wilson sitting by temporary assignment.

2. State v. Stanley Myers, No. 35672 - Defendant appeals from the circuit court's order granting the state's motion to determine him a sexually violent predator. Defendant asserts that the State and the circuit court lacked the authority to re-open his old criminal case for such a purpose. Defendant seeks to have the circuit court's order voided or vacated.

3. James and Marlaine Adkins v. Erie Insurance Company, No. 35676 - James and Marlaine Adkins appeal the circuit court's order granting summary judgment in favor of Erie Insurance Company in a declaratory judgment action. They assert, inter alia, that the court erred in granting Rule 60 relief from a prior summary judgment order in their favor, and that they are entitled make a claim for a separate per person policy limit for their payment of their minor child's medical expenses.

Argument Docket
Wednesday, March 9
LAWS Program - Moundsville

Rule 20 argument - 10:00 a.m.

1. Edward L. Sims, II v. Joe Miller, Commissioner, WV DMV, No. 35673 - Petitioner DMV appeals from the circuit court's order reversing petitioner's revocation of respondent's driver's license. DMV asserts that the circuit court misstated the requirements for the administration of the Intoximeter and for the admission of the results of the blood test. DMV further asserts, inter alia, that the circuit court erred by imposing a previously nonexistent, negative inference against DMV because the investigating officer did not place the videotape of the arrest into the record. DMV seeks a reversal of the circuit court's final order or, in the alternative, a remand to DMV for a new hearing solely to consider issues related to the criminal case.

Robin D. Davisson v. Joe Miller, Commissioner, WV DMV, No. 35674 - The Division of Motor Vehicles appeals from the circuit court's order reversing the administrative revocation of respondent's driver's license. DMV asserts, inter alia, that the circuit court erred in allowing respondent to argue an issue not raised below and in finding that the failure to introduce a videotape at an administrative hearing gives an adverse inference that the videotape would be adverse to the testimony of the investigating officer. DMV seeks a reversal of the circuit court's decision and an affirmation of the final administrative order. In the alternative, DMV seeks a remand to the Commissioner for a new hearing solely to consider issues relating to respondent's associated criminal case.

2. State v. Josh Lee Hedrick, No. 35536 - Petitioner Josh Lee Hedrick appeals from the Grant County Circuit Court's Order which upheld his conviction for Interfering with a Lawful Fisherman in violation of West Virginia Code §20-2-2(A). Petitioner was originally convicted of the misdemeanor offense in Magistrate Court.

3. SER Rhonda Bay v. Brenda K. Marshall, Magistrate for Wood County, No. 35736 - Petitioner in SER Rhonda Bay v. Brenda K. Marshall, Magistrate of Wood County; Rachel Ferguson, Magistrate of Wood County; Paulina Yearago, Clerk of the Magistrate Court of Wood County; and Alfred Pryor, No. 101320, seeks a writ of mandamus and prohibition to compel the magistrate court to accept the filing of her appeal to circuit court without the requirement of posting an appeal bond and without denial of an automatic stay.

SER Ashleigh & Daniel Jurkovich v. Hon. Jason Bennett, Magistrate, No. 35737 - Petitioners in SER Ashleigh and Daniel Jurkovich v. Russell W. Goodwin, Magistrate of Roane County, and Brenda M. White, Clerk of the Magistrate Court of Roane Count, and Clark Crider, Landlord, No. 101319, seek a writ of mandamus to compel the magistrate court to allow the filing of an appeal without payment of circuit court filing fees.

4. State v. Saladine Richardson, No. 35685 - Petitioner, convicted of Malicious Assault by jury, appeals circuit court order sentencing him to serve 2 to 10 years, arguing that his arrest was made in violation of his Fourth Amendment right against illegal search and seizure, and that any evidence derived from a photo array containing his photograph was inadmissible at trial, including evidence derived therefrom tending to inculpate the Petitioner as the perpetrator of the offense charged in the indictment.