September 6, 2006 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, September 6, 2006

1. State of W. Va. v. Julian Rudolph Smith - 060159 - Defendant appeals from his conviction of aggravated robbery following a jury trial. He seeks a reversal on the basis of trial error. - Grant 5 - 0.

2. County Commission of Raleigh County v. Town O Mabscott & Town of Mabscott v. County Commission of Raleigh County, et al. - 060183 - The Raleigh County Commission appeals the circuit court's order denying the Commission's petition for declaratory judgment and granting a petition for mandamus which the Town of Mabscott filed against the Commission. The court held that pursuant to statutory and case law, a county commission has no authority to review or challenge a town's certification of annexation without an election pursuant to W.Va. Code § 8-6-4. - Refuse 5- 0.

3. State of W. Va. v. Thomas Menei - 060215 - Thomas Menei appeals his conviction for first degree murder without a recommendation of mercy and the circuit court's order denying his motion for new trial. -- Refuse 3 - 2, Starcher & Albright.

4. Thomas Shipley v. PSC of West Virginia and The Pocahontas County Public Service District - 060767 - Intervenor appeals grant of a CCN for a sewage treatment plant to serve Snowshoe and surrounding community. - Refuse 5 - 0.

5. State of W. Va. v. Charles Wesley Thompson - 060175 - Defendant appeals from his conviction on 19 counts of sex related crimes. He was sentenced to an effective term of 25 to 55 years. Defendant appeals alleging both evidentiary and trial errors. - Refuse 4 - 1, Starcher.

6. Raleigh County Public Service District v. PSC of West Virginia & Cool Ridge - Flat Top Public Service District - 061290 - Raleigh County PSD appeals a ruling of the PSC that granted a rate increase to a water supplier. - Dismissed.