Refuse 4 - 1
 ( Starcher, J.)

2.  Harrison County Commission, Roger Diaz, President v. Harrison County Assessor, Cheryl L. Romano, Assessor - No. 070385. Petitioner County Commission appeals from the circuit court’s order denying its petition for a writ of mandamus and granting respondent County Assessor’s cross-petition for a writ of mandamus in relation to the appointment of employees paid through the Assessor’s revolving property valuation fund.

Grant 5 - 0

3.  State of West Virginia v. Martha Winnene Burton - No. 070456. Defendant appeals following her conditional guilty plea to the charge of manufacturing marijuana, a felony. Defendant’s one to five year sentence was suspended and she was placed on probation for a term of five years with the condition that she serve 120 days on home incarceration. Defendant appeals on two evidentiary issues.

Accept To Motion Docket

4.  In re: The Marriage of Julie E. Bracken [Dally] v. Thomas J. Bracken, No. 070411. Petitioner mother appeals from the circuit court’s order denying her petition for appeal from the family court as it relates to the parenting plan and the guardian ad litem’s recommendations.

Refuse 5 - 0 

5.  Charles Mahood v. City National Bank- No. 070208. Plaintiff appeals following the circuit court’s award of summary judgment in favor of defendant bank on plaintiff’s claims for damages for violations of the West Virginia Consumer and Protection Act. Plaintiff also appeals the circuit court’s order granting judgment in favor of defendant bank on its counter-claim.

Refuse 3 - 2
 ( Starcher, J. & Albright, J.)

6.  State of West Virginia v. Alice L. Phillips - No. 070462. Defendant appeals from the jury’s verdict finding her guilty on four counts of manufacturing a controlled substance. Defendant was sentenced to one to five years on each count to be served concurrently.

Refuse 5 - 0 

7.  In re: The Marriage of Amy Welton v. John Welton - No. 070463. Husband in a divorce case appeals the circuit court’s order affirming the family court’s order which denied him relief on an issue of medical insurance coverage.

Refuse 5 - 0 

8.  Russell Randant v. West Virginia Board of Examiners for Registered Professional Nurses - No. 070388. Russell Randant appeals the circuit court’s order which granted in part and denied in part relief sought in his appeal of a decision of the Board of Examiners for Registered Professional Nurses revoking his nursing license.

Accept To Motion Docket

9.  State of West Virginia v. Harold Lee Cyrus - No. 070468. Harold Lee Cyrus appeals his conviction for two counts of Sexual Abuse by a Custodian and two counts of Incest.

Accept To Motion Docket

10.  263 Towing, Inc. v. Lonnie Hannah, Sheriff of Mingo County; Mingo Office of Emergency Services; and The County Commission of Mingo County, and Marcum Trucking Company, Inc. v. Lonnie Hannah, Sheriff of Mingo County; Mingo Office of Emergency Services; and The County Commission of Mingo County - No. 070470. Lonnie Hannah, the Sheriff of Mingo County, appeals the circuit court’s orders which granted petitions for mandamus in two related cases. The court ordered the sheriff to sign checks for payment on certain invoices, made an award of prejudgment interest, and awarded attorney’s fees.

Grant 5 - 0

11.  State ex rel. Marvin Tyler v. Howard Painter, Warden, Mount Olive Correctional Center - No. 070488. Marvin Tyler appeals the denial of his omnibus petition for habeas corpus. He was previously convicted of first degree murder with a recommendation of mercy.

Accept To Motion Docket

12.  Frank A. Savarese v. Allstate Insurance Company, Kim Jozsa, Lashwanda Carter, and Kira Hill - No. 070490. Plaintiff appeals the circuit court’s order dismissing his lawsuit without prejudice for lack of subject matter jurisdiction. The lawsuit asserts first party bad faith and related claims.

Accept To Motion Docket

13.  State of West Virginia v. Steven T. Adkins - No. 070493. Steven T. Adkins appeals his conviction for one count of Kidnapping and three counts of Second Degree Sexual Assault.

Accept To Motion Docket

14.  State ex rel. Ronald L. Clutter v. Thomas McBride, Warden, Mount Olive Correctional Complex - No. 070495. Pursuant to the circuit court’s order granting partial habeas relief, petitioner appeals the sentence he received for two counts of Sexual Assault by a Parent, Guardian, or Custodian, one count of Incest, and one count of Intimidation of a Witness. He also appeals the circuit court’s denial of his habeas allegation of ineffective assistance of trial counsel.

Accept To Motion Docket

15.  Samuel G. Boswell v. Century Aluminum of West Virginia, Inc. and Judy Cooper - No. 070530. In this employment case involving a claim of sexual harassment under the West Virginia Human Rights Act, Samuel G. Boswell seeks a reversal of the circuit court’s Order granting additur and awarding attorney’s fees and costs to the employee.

Accept To Motion Docket

16.  Samuel G. Boswell v. Century Aluminum of West Virginia, Inc. and Judy Cooper - No. 070531. In this employment case involving a claim of sexual harassment under the West Virginia Human Rights Act, Century Aluminum of West Virginia, Inc. seeks a reversal of the circuit court’s Order granting additur and awarding attorney’s fees and costs to the employee. Petitioner also seeks reinstatement of the jury’s verdict which found that the employee completely failed to mitigate her damages resulting in an award of zero damages.

Accept To Motion Docket

17.  Vito Palumbo and Gabriel Palumbo v. Fairmont General Hospital, Inc. - No. 070541. This medical malpractice action which was filed on June 2006 was dismissed on the grounds that the plaintiff failed to comply with the notice provisions of the West Virginia Medical Professional Liability W. Va. Code § 55-7B-6(b) as a statutory prerequisite for filing suit and the statute of limitations.

Accept To Motion Docket

  Home | Opinions | Site Map | Law Library | Rules | Staff  | Search  | Terms of Use