Accept To Motion Docket

2.  Carol Hartzell v. Thomas Diehl and Mary Diehl, No. 062915. Defendants appeal from an adverse decision following a bench trial in this action for breach of contract, breach of warranty, and failure to disclose (constructive fraud) arising from the sale of defendants’ property.

Refuse 5 - 0 

3.  State of West Virginia ex rel. Dept. of Health and Human Resources and Tamara L. Clay v. Vincent Edward Cogar, No. 062943. The Bureau for Child Support Enforcement seeks both a reversal of the circuit court’s order and a ruling that orthodontic and pharmaceutical expenses are "medical expenses" of a child that should be divided between the parents.

Accept To Motion Docket

4.  State of West Virginia v. Mindy Keesecker, No. 062944. Plaintiff appeals from her convictions on six counts of third degree sexual assault. Defendant raises various evidentiary and trial errors.

Accept To Motion Docket

5.  Pamela S. McNeely v. St. Mary’s Hospital of Huntington, No. 063005. Defendant hospital appeals from an adverse jury verdict in this sexual harassment/hostile work environment action. Defendant hospital asserts numerous errors of law.

Accept To Motion Docket

6.  Collett L. Keefer, II v. Angela Mae Ferrell, a/k/a Angela Mae White and Kenneth D. Hess, No. 063002. Defendant insurance company appeals from the circuit court’s order denying its motion for summary judgment and, instead, entering judgment in favor of plaintiff on the insurance coverage issue that was the subject of defendant insurance company’s counterclaim for declaratory judgment.

Grant 5 - 0 

7.  Grady Colin Kelley, II and Frieda Carol Kelley v. the City of Williamson, W.Va., a Municipal Corporation, and Michael Barnes, Individually and in his capacity of a Police Officer employed by the City of Williamson, No. 063006. Plaintiffs appeal from the circuit court’s order granting summary judgment in favor of defendants. In this action for battery, false swearing, outrageous conduct and negligent hiring and retention of defendant police officer by the defendant city.

Grant 5 - 0 

8.  State of West Virginia v. Reginald M. Barnes, No. 063007. Defendant appeals from his conviction of bank robbery following a jury trial. Defendant asserts various evidentiary and trial errors.

Accept To Motion Docket

9.  Victor Nutter v. Thomas McBride, Warden, Mount Olive Correctional Complex, No. 063053. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus following an evidentiary hearing.

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

10.  Frieda Ankrum, both individually and in behalf of the other heirs and successors in title to Fisher "Fish" Sayre, C.A. Sayre, W. L. Sayre, G. C. (Grover Cleveland) Sayre, Rose Sciens, Mary Fisher and Hanna Ankrum v. Gregory Garretson, No. 063062. Defendant appeals from the circuit court’s order voiding and setting aside his tax deed based upon its finding that the notice to redeem, which was provided to the delinquent owners of the real estate in question, was faulty and insufficient under the law and the statutes in effect.

Accept To Motion Docket

11.  Christopher Adkins v. Angela Adkins (Clay), No. 063080. Petitioner father appeals directly to this Court from the family court’s order denying his petition to reduce his monthly child support obligation until he is released from prison and returns to work.

Grant 5 - 0 

12.  Esther Gibson v. Little General Stores, Inc., No. 063081. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendant in this personal injury action.

Grant 5 - 0 

13.  State of West Virginia v. Samuel Lee Snead, No. 063082. Samuel Lee Snead appeals his conviction for 74 counts of Permitting or Using a Minor Child in Sexually Explicit Conduct, 74 counts of Custodian in Possession of Material Depicting Child Engaged in Sexually Explicit Conduct, 6 counts of Third Degree Sexual Assault, 10 counts of Sexual Abuse by Custodian, and 3 counts of Sexual Abuse by Custodian by Procuring Another.

Refuse 4 - 1
 ( Starcher, J.)

14.  Julie E. Thompson, Howard G. Thompson, and Elnora Thompson Mickey by Howard G. Thompson v. Herbert M. Marcinick, No. 063121. Plaintiffs appeal the circuit court’s Order in their case which sought an injunction and restraining order.

Refuse 5 - 0 

15.  United Bank, Inc. v. Betty C. Arnett, Executrix of the Estate of Emmett W. Carpenter, deceased, Karl R. Carpenter, and Linda Stoodt, No. 063141. Executrix Betty C. Arnett appeals the circuit court’s judgment order entered after a bench trial and the court’s denial of her "Motion for Judgment as a Matter of Law or, in the Alternative, New Trial." The case involves a dispute over signature authority for a bank account and who owns the funds in the account.

16.  Steven Cutright v. CBC Construction, LLC, No. 063157. Plaintiff Steven Cutright appeals the circuit court’s order denying his motion to alter and amend judgment or to grant a new trial on damages. He asserts the jury awarded him inadequate damages in his employment contract case.

Accept To Motion Docket

17.  In Re: The Marriage of Rebecca J. Yearout and Timothy A. Yearout, No. 063160. Timothy Alan Yearout appeals the circuit court’s order which refused his petition for appeal from the family court’s final divorce order.

Refuse 4 - 1
 ( Starcher, J.)

18.  Joann Huffman v. State of West Virginia Consolidated Public Retirement Board, No. 063209. The WV Consolidated Public Retirement Board appeals the circuit court’s order which reversed the board’s administrative decision.

Refuse 4 - 1
 ( Benjamin, J.)

19.  Ernie L. Clark, Plaintiff v. Loretta Jean Evans, Defendant and Third-Party Plaintiff v. City Holding Company d/b/a City National Bank of West Virginia, a West Virginia corporation, and Karen Humphrey, Third-Party Defendants, No. 063210. Third-party plaintiff Loretta Jean Evans appeals the circuit court’s "Order Granting Third Party Defendants’ Motion for Summary Judgment."

Refuse 5 - 0 

20.  Gerald Marshall v. Monongalia County Board of Education, No. 062621. Gerald Marshall appeals the Circuit Court’s order which affirmed the decision of the Education and State Employees Grievance Board. The board ruled that Mr. Marshall was not entitled to retain two regular service personnel assignments at the same time pursuant to W.Va. Code § 18A-4-8h.

Refuse 4 - 1
 ( Albright, J.)

21.  In re: The Marriage and Children of Dana C. Zerkel v. Gregory Allan Zerkel, No. 063219. Gregory Allan Zerkel appeals the circuit court’s order which refused Mr. Zerkel’s appeal of a family court order. He asserts that the family court erred when deviating from the Child Support Guidelines.

Refuse 5 - 0 

22.  State of West Virginia v. David Farris, No. 063244. David Farris appeals his criminal convictions and the denial of his post-trial motions. He was convicted of two counts of Sexual Abuse by a Parent, Guardian or Custodian, and two counts of First Degree Sexual Assault.

Grant 5 - 0 

23.  State of West Virginia v. Eugene Blake, No. 063245. Petitioner Eugene Blake appeals the circuit court’s denial of his motions to withdrawal / vacate his guilty pleas. He was previously convicted upon his guilty pleas to Murder in the First Degree with the Use of a Firearm and with a recommendation of mercy, Assault During Commission of or Attempt to Commit a Felony, and Abduction of a Child for the Purpose of Prostitution or Concubinage with the Intent to Defile.

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

24.  State Ex rel. James Mineer v. Mark Williamson, Warden, Denmar Correctional Center, No. 063250. James Mineer appeals the Circuit Court of Cabell County’s order dismissing his petition for habeas corpus for failure to state a claim upon which relief can be granted. He was previously convicted of uttering and forgery.

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

25.  State ex rel. James Mineer v. William Haines, Warden, Huttonsville Correctional Center, No. 063490. James Mineer appeals the Circuit Court of Wayne County’s order denying his omnibus petition for habeas corpus. He was previously convicted of uttering.

Refuse 4 - 1
 ( Starcher, J.)

26.  Allison J. Riggs v. West Virginia University Hospital, No. 063211. Plaintiffs Allison J. Riggs and Jack E. Riggs, M.D. appeal the circuit court’s order which reduced their $10 million dollar non-economic damages jury verdict to $1 million pursuant to the cap set forth in the 1986 version of the Medical Professional Liability Act.

Accept To Motion Docket

27.  Donaldeen Marie Welch, Robert James Welch, II., Joyce Winifred Daft, Helen Jacqueline Swaney, Heidi Marie Shahan, Richard Scott Welch and James Brent Welch v. James A. Gianola, No. 063238. This appeal arises from a two count civil action alleging attorney malpractice. One count was dismissed by the Court and the other count was dismissed when the Court granted a motion to enforce a settlement agreement.

Refuse 4 - 0
 ( Starcher, J. Not Participating)

28.  A. E. Landis v. Georganne Banning Landis, No. 063269. This appeal stems from a divorce action and a Final Order entered on April 24, 2006 by the Family Court denying petitioner’s requests for attorney fees and costs. The Circuit Court affirmed decision by order dated July 20, 2006.

Accept To Motion Docket

29.  State of West Virginia v. Richard E. Stover, No. 063296. This case is a direct appeal of petitioner’s conviction on two Counts of Second Degree Sexual Assault. By Order of April 19, 2005, the Court sentenced petitioner to an indeterminate period of not less than ten nor more than twenty-five years for each conviction, to be served concurrently.

Refuse 4 - 1
 ( Starcher, J.)

30.  Elmer Heck and Cora Heck v. William F. Mooring, Delbert Vandevender, Trustee, Waldo Cochran, Trustee and New Life Tabernacle Church, No. 063297. Petitioners seek an appeal of the May 22, 2006 Order of the Upshur County Circuit Court awarding judgment against the petitioners in this civil action seeking monetary damages due to allegations of nuisance and trespass. The judgment awarded $20,000 compensatory damages, $5,000 for annoyance and inconvenience and $10,000 for costs and attorney fees.

Refuse 5 - 0 

31.  In Re: Visitation and Custody of Senturi N.S.V., No. 063450. Mother appeals circuit court order affirming Family Court order which found that interveners were psychological co-parents of her natural child.

Accept To Motion Docket

32.  State of West Virginia v. Stanley Demere, No. 063220. This is a direct appeal by Stanley Demere to his conviction for first degree murder, for which he received a sentence of life without mercy.

Accept To Motion Docket

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