WEST VIRGINIA RECORD

Argument Docket
May 22
Rule 20 argument - 10 a.m.

Michael V. Coleman, Acting Warden v. Michael Brown, No. 11-0378 - Petitioner, Michael Coleman, Acting Warden, appeals from the circuit court's order granting habeas relief to respondent, Michael Brown, and from the circuit court's order denying petitioner's motion for reconsideration.

The Estate of Roger G. Fussell and Andrea M. Simmons, Executrix v. Kristi Fortney and Chanda Collette, No. 11-0428 - The Estate of Roger G. Fussell and its executrix appeal the circuit court's order holding that a "payment of just debts" clause in a will requires the estate to pay off the mortgage on encumbered real property that was specifically devised. They also appeal the court's decision not to require an injunction bond.

Robert P. Bansbach and Rickie Bansbach v. Daniel Harbin and Mary Fanok, No. 11-0355 - Petitioners/plaintiffs below, Robert and Rickie Bansbach, file an interlocutory appeal of the circuit court's "Order Denying Plaintiffs' Motion for Preliminary Injunction and Dissolving Temporary Injunction." Petitioners allege that their neighbors are engaging in conduct that constitutes a nuisance and harassment.

Tudor's Biscuit World of America v. Della M. Critchley, No. 11-0543 - Petitioner seeks reversal of the circuit court's order denying it relief from default judgment.

Joe E. Miller, Commissioner, WV Division of Motor Vehicles v. Justin Brant Wood, No. 11-0815 - The Division of Motor Vehicles appeals the circuit court's order granting the respondent relief from the DMV's order revoking the respondent's license.

Joe E. Miller, Commissioner, WV Division of Motor Vehicles v. Mark Thompson, No. 11-0891 - Petitioner appeals the circuit court's order ruling that petitioner was entitled to an administrative hearing prior to revocation of his drivers' license.

Rule 19 argument

State of West Virginia v. Marcella Lorenza Dunbar, No. 11-0555 - Petitioner appeals the circuit court's order accepting his Kennedy plea to the charge of possession of a controlled substance with intent to deliver.

Michael J. Gleason v. George Janice, Warden, No. 10-0544 - Petitioner seeks a reversal of the circuit court's order denying his petition for a writ of habeas corpus and a remand to the circuit court for a new trial. - Argument on Assignment of Error No. 2 only

Teresa H. v. Ronald R. And Donald K., No. 11-0110 - Petitioner appeals the circuit court's 09/21/10 Order Reversing the Family Court of Tucker County in which the circuit court reversed and remanded the case with directions that the family court make the respective fathers the primary residential parent of each and grant only supervised visitation by a person approved by both parties in each respective case. The issue is the following: Whether the circuit court erred in ruling that the family court was incorrect in failing to find a substantial change in circumstances pursuant to West Virginia Code § 48-9-401(a).

Lawyer Disciplinary Board v. Norman L. Folwell, No. 11-1279

Argument Docket
May 23
Rule 19 argument - 10 a.m.

Kerry Savard, Personal Representative of the Estate of Vicki Savard v. Cheat River Outfitters, Inc., et al., No. 11-0430 - Plaintiff appeals the circuit court's order dismissing this wrongful death suit pursuant to Rules 12(b)(2) and 12(b)(3) of the Rules of Civil Procedure. The central issue is whether plaintiff effectuated substitute service of process on a defendant's usual place of abode.

Lola Melinda Watkins v. McDowell County Board of Education, et al., No. 11-0420 - Grievant below appeals the circuit court's order affirming the decision of the West Virginia Public Employees Grievance Board denying her grievance. Justice Workman disqualified

State of West Virginia v. David D. Griffy, No. 11-0533 - Petitioner appeals the refusal of his motion for reconsideration of his conviction and sentence pursuant to a Rule of Criminal Procedure 11(e)(1)(B) guilty plea on the ground that the circuit court failed to advise petitioner, as required by Rule of Criminal Procedure 11(e)(2), that he would not be allowed to withdraw his guilty plea if the circuit court did not accept his counsel's sentencing recommendation.

Jan H. Cunningham and Lynn Cunningham v. Herbert J. Thomas Memorial Hospital Association, No. 11-0398 - Petitioners appeal from the circuit court's order granting summary judgment in favor of the respondent hospital in this medical negligence case. Petitioners assert that there are genuine issues of material fact as to whether the hospital is vicariously liable for the negligence of the defendant physicians on the basis that they were the hospital's agents or employees or that the hospital was engaged in a joint venture with the physicians and their intermediary companies. Justice McHugh disqualified. Judge Wilkes sitting by temporary assignment. NOTE: Matters in this case are confidential.