January 24, 2006 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, January 24, 2006

1. Lori L. Moore, Executrix of the Estate of Matthew E. Moore, et al. v. White Insurance Agency, Inc., and John White, et al. - 051592 - The White defendants appeal from the circuit court's order denying their motion to set aside the default judgment and expand the time frame to answer. - Grant 4 - 0, Starcher disqualifed.

2. SER Robert L. McCabe v. Evelyn Seifert, Warden - 051788 - Petitioner appeals from the circuit court's order denying his petition for a writ of habeas corpus. - Grant 2 - 2, Davis & Maynard, Starcher disqualifed.

3. Judith Sheehan v. Board of Education of the County of Fayette - 052167 - Petitioner appeals the circuit court's Order affirming the decision of the ALJ at the Grievance Board denying the grievance. Petitioner was seeking college equivalent credit for training she had received on May 16, 2003. - Refuse 5 - 0.

4. Frederico Hatcher v. Thomas McBride, Warden - 052319 - Frederico Hatcher appeals the denial of his petition for post-conviction habeas corpus. He was previously convicted of felony murder without a recommendation of mercy. - Grant 3 - 2, Davis & Maynard, as to issue #1 only.

5. State of W. Va. v. Brad Lester - 052443 - Bradley Lester appeals his conviction for first degree murder without a recommendation of mercy. - Refuse 3 - 2 , Starcher & Albright.

6. State of W. Va. v. Ernest J. Johnson - 052318 - Ernest J. Johnson appeals his conviction for second degree robbery and his sentence as an habitual offender to life with mercy. - Grant 3 - 2 , Davis & Maynard.