WEST VIRGINIA RECORD

Argument Docket
Tuesday, March 29

Morning Session - 10 a.m.
Rule 20 Argument

1. Judith King v. Charles E. King Jr. and Phyllis Slack King, No. 35696 - Charles E. King Jr. appeals the circuit court's order denying his appeal of the decision of the family court regarding division of his retirement benefits. - C.J. Workman and J. Davis disqualified. Judges Groh and Cummings sitting by temporary assignment.

2. Danny and Brittaney Fischer v. SWVA, Inc., et al., No. 35677 - Plaintiffs Danny Fischer and his daughter Brittaney Fischer appeal the circuit court's order granting summary judgment in favor of Defendants SWVA, Inc. and the SWVA, Inc. Employee Health Care Plan. Inter alia, the circuit court ruled that the lawsuit was filed beyond the ninety day limitation period specified by the Plan document.

Rule 19 Argument

3. State v. Amos Gabriel Hicks, No. 35670 - Amos Gabriel Hicks appeals his conviction for Murder in the First Degree without the possibility of parole, Malicious Assault, and Conspiracy. He asserts multiple instances of 404(b) error and insufficiency of the evidence.

4. Brian Mayes v. Myla Bush (formerly Mayes), No. 35675 - Petitioner wife appeals from the circuit court's order affirming the family court's final order on equitable distribution. Petitioner asserts that the family court erred by refusing to place an adequate value on the partially built marital home and on the former family business, and by refusing to award her adequate attorney's fees and costs. Petitioner asks this Court to set aside and amend the provisions of the final order on equitable distribution or, in the alternative, to reverse and remand the case to family court for further proceedings, including an award of attorney's fees and costs incurred in this appeal, and such other relief as the court deems appropriate.

Afternoon Session - 1:30 p.m.
Rule 20 Argument

5. Stanley Stevenson, II v. Independence Coal Company, No. 35592 - Independence Coal seeks review of the Boone County Circuit Court's denial of its Motion for Summary Judgment, Motion for Judgment as a Matter of Law, and Motion for a New trial, following a jury verdict in favor of Mr. Stevenson. Mr. Stevenson had filed suit his personal injury lawsuit and argued that Independence was negligent in failing to provide a safe work place. - Justice Benjamin disqualified. Judge Nibert sitting by temporary assignment.

Argument Docket
Wednesday, March 30

Morning Session - 10 a.m.
Rule 20 Argument

1. State v. David Wayne Kaufman, No. 35691

2. Randy L. Mace v. Mylan Pharmaceuticals, Inc., et al., No. 35710 - Randy L. Mace, as personal representative of the Estate of Kathy W. Mace, appeals the circuit court's order denying his motion to reinstate a wrongful death lawsuit. The court dismissed the case pursuant to the forum non conveniens statute, W.Va. Code § 56-1-1a.

3. Robin and Janet Lyons v. Melissa (Lyons) Arnold and Warren Lee Arnold, No. 35679 - Petitioners appeal the denial of their appeal from the Kanawha County Circuit Court, which affirmed a Family Court decision not to terminate grandparent visitation. The petitioners had asserted that such visitation was no longer in the best interest of their child.

4. Michael Witt v. Robert Sutton, State Farm Mutual Automobile Ins. Co., et al., No. 35698 - Plaintiff Michael W. Witt appeals the circuit court's order granting summary judgment in favor of Defendant State Farm Mutual Automobile Insurance Company on the issue of Witt's claim for medical payments benefits.

Afternoon Session - 1:30 p.m.

5. John G. Chapman v. Louise G. Millikan, No. 35665 - Louise G. Millikan appeals the Circuit court's order which affirmed the Family Court's rulings on Millikan's Motion for Contempt and Motion for Reconsideration. This case concerns the division of pension and survivorship benefits in a divorce.