Tuesday, April 12
Rule 20 argument - 10 a.m.
1. 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.
2. Thomas and Alice Loudin v. National Liability & Fire Insurance, No. 35763 - Plaintiffs appeal the circuit court's order granting summary judgment in favor of the defendant insurance company and the company's agents and employees. The court found that the plaintiffs have no legal basis to pursue common law bad faith, Unfair Trade Practices Act, and contractual claims because they are third party claimants. Although plaintiffs had purchased the policy at issue on their own vehicle, they pursued their claim against an additional insured tortfeasor under the policy's liability coverage. The court also found no evidentiary support for plaintiffs' claim of the tort of outrage.
3. Linda Barr v. NCB Management Services and HSBC Bank Nevada, N.A., No. 35709 - The United States District Court for the Northern District of West Virginia, at Martinsburg, entered an order certifying the following question to this Court:
"Whether a consumer has a private cause of action against a non-creditor debt collector pursuant to the West Virginia Consumer Credit and Protection Act, W.Va. Code § 46A-2-122, et seq."
Wednesday, April 13
Rule 19 argument - 10 a.m.
1. Brookanne Sellaro v. Eugene Sellaro, No. 35733 - Wife appeals circuit court order affirming Family Court order which held that certain stock was Husband's sole and separate property and reversing Family Court order which awarded her alimony, arguing that the circuit court abused its discretion. C.J. Workman disqualified.
2. State of West Virginia v. Anthony Charles Juntilla, No. 35739 - Anthony Charles Juntilla appeals his conviction for First Degree Murder without a recommendation of mercy, Sexual Assault in the First Degree, and Conspiracy to Commit Sexual Assault. He asserts insufficiency of the evidence, evidentiary error, error in the failure to strike a juror for cause, error in allowing the jury to decide the issue of mercy without any guidelines, and that this Court must hear the appeal because of the life without mercy sentence.
3. William and Denise Huggins v. City of Westover Sanitary Sewer Board, et al., No. 35761 - Rescheduled to May 11.
4. Daryl's Cars, Inc. v. Jerry L. Bunner, No. 35711 - Defendant Jerold L. Bunner appeals the circuit court's final order which entered judgment for the plaintiff after a bench trial in a contract case. Defendant argues that he was prejudiced by a long delay in the court's ruling and by a lack of trial transcript, and that the decision is not supported by the evidence.
5. Multiplex, Inc. v. Raleigh County Board of Education, et al., No. 35721 - Petitioner appeals circuit court order granting Respondent Board's Motion to Dismiss, asserting that the facts and circumstances surrounding this civil action are different from the previous 2006 civil action wherein a release was signed discharging Respondent Board from further liability.