Whether a prisoner serving consecutive sentences, whose initial sentence for Crime A was vacated after the prisoner had served time on that sentence, and who remained incarcerated to serve the subsequently-imposed sentences for a separately-committed Crimes B\C, is entitled to credit for time served on the invalidated conviction for Crime A while awaiting a disposition of the charges for Crimes B\C?
Circuit Courts Answer:
Yes, a prisoner in this situation is entitled to credit for such time served, although W.Va. law does not clearly allow this Court to give such credit. - Refuse 5-0

3.  Bernard Boggs, as administrator of the Estate of Hilda Boggs, deceased, as personal representative of the statutory beneficiaries of his wrongful death claim herein asserted and in his own right v. Camden-Clark Memorial Hospital - No. 063408. Defendant hospital appeals from an adverse jury verdict in this wrongful death action. Judgment was entered against defendant hospital in the amount of $4,834,380. - Accept to Motion Docket

4.  Bernard Boggs, as administrator of the Estate of Hilda Boggs, deceased, as personal representative of the statutory beneficiaries of his wrongful death claim herein asserted and in his own right v. Camden-Clark Memorial Hospital - No. 070578. Defendant hospital appeals from an adverse jury verdict in this wrongful death action. Judgment was entered against defendant hospital in the amount of $4,834,380. - Accept to Motion Docket

5.  American Federation of Teachers-W.Va., AFL-CIO, Judy Hale, President and Dr. Ronald Ingle, a member v. West Virginia State University- No. 070545. Petitioners appeal from the circuit court’s order affirming the decision of the West Virginia Education as State Employees Grievance Board relating to an employment termination.  - Refuse 3-2 (Starcher, Albright)

6.  Anthony Riddle v. Ritchie County Board of Education - No. 070546. Petitioner appeals from the circuit court’s order upholding the decision of the West Virginia Education and State Employee’s Grievance Board’s denial of petitioner’s employment grievance. - Refuse 5-0

7.  Dennis Smearman v. City of Weirton - No. 070597. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendant in this action for employment discrimination brought under W. Va. Code §23-5A-3(a). - Refuse 3-2 (Starcher, Albright)

8.  Charles D. Jones v. Choonet Punmanee Jones - No. 070598. Petitioner wife appeals from the circuit court’s order affirming the family court’s denial of petitioner’s motion to reopen and granting respondent husband’s motion to dismiss. - Refuse 4-1 (Starcher)

9.  In Re: The Marriage of David A. Rosen and Kathleen Rosen - No. 070600. Petitioner mother appeals from the circuit court’s order affirming the "order retaining jurisdiction over child custody" issued by the family court of Monongalia County. - Grant 4-1 (Albright)

10.  Far Away Farm, LLC v. Jefferson County Zoning Board of appeals, a public body, Thomas Trumble, Member, Jeff Bresee, Member, and Tiffany Hine, Chair - No. 070472. Far Away Farms, L.L.C. appeals the circuit court’s decision which affirmed the decision of the Jefferson County Board of Zoning Appeals. The BZA denied a Conditional Use Permit sought for the purpose of subdividing and developing 122.88 acres in a designated rural district. - Grant  3-2 (Davis, Benjamin)

11.  Robert Furr v. Gloria Chafin and TG Trackside, LLC - No. 070370. Plaintiff Robert Furr appeals the circuit court’s final order disposing of a case which involved redeeming his interest in a limited liability corporation. - Refuse 5-0

12.  State of West Virginia ex rel. William Thompson v. Thomas McBride, Warden, Mount Olive Correctional Complex - No. 070675. William Thompson appeals the denial of his post-conviction petition for habeas corpus. He was previously convicted of 35 counts of First Degree Sexual Assault, 45 counts of Sexual Abuse by a Parent, Guardian or Custodian, 12 counts of First Degree Sexual Abuse, 2 counts of Filming Sexually Explicit Conduct of a Minor, and 2 counts of Possessing Material Depicting a Minor Engaged in Sexually Explicit Conduct. - Refuse 5-0

13.  Jerry Neal and Karen Neal v. J.D. Marion, David Jordan, Beverly Jordan, Sandy Kessell, Lombardo Realty Company n/k/a New Millennium Corporation, and The City of Charleston - No. 070676. Plaintiffs Mr. and Mrs. Neal appeal the circuit court’s order granting summary judgment in favor of one defendant, J. D. Marion. The court found that claims against J. D. Marion are time-barred by the 10 year statute of limitations for builders in W.Va. Code § 55-2-6a. - Accept to Motion Docket

14.  State of West Virginia v. Joshua Lee Slater - No. 070677. Joshua Lee Slater appeals his conviction for Kidnaping, Burglary, Wanton Endangerment, and Domestic Violence. - Accept to Motion Docket

15.  State of West Virginia v. Gregg R. Kaczmarek - No. 070718. Gregg T. Kaczmarek appeals the 90 year sentence he received for his conviction based upon guilty plea to First Degree Robbery. - Refuse 4-1 (Starcher)

16.  State of West Virginia v. Jason Lovejoy - No. 070731. Jason Lovejoy appeals the 60 year sentence he received for his conviction based upon guilty plea of First Degree Robbery. - Refuse 4-1 (Starcher)

17.  State of West Virginia ex rel. Lawrence W. Adams v. Michael Coleman, Warden, Huttonsville Correctional Center - No. 070807. Lawrence W. Adams appeals the denial of his petition for habeas corpus. He was previously convicted upon guilty plea of two counts of Unaggravated Robbery. - Refuse 5-0

18.  John Robert Gough v. Samuel Gerard, III and Teresa Gerard, husband and wife - No. 070855. Plaintiff appeals the circuit court’s order in a declaratory judgment action concerning use of a road. - Refuse 5-0

19.  State of West Virginia v. Andrew Scott Perry - No. 070862. Defendant Andrew Scott Perry appeals the circuit court’s orders denying his post-conviction motions for reconsideration of sentence, for mental evaluation, and to be present at the hearing on these motions. He was previously sentenced to life without mercy upon his guilty plea to first degree murder. - Refuse 4-1 (Starcher)

20.  Mark Aaron Taylor v. Larry L. Lyons, Jr. - No. 070866. Defendant below, Progressive Classic Insurance Company, appeals a partial summary judgment order in favor of plaintiff below, Mark A. Taylor. Progressive argues that the circuit court inappropriately allowed Mr. Taylor to invoke the constructive exhaustion doctrine for collection of underinsured motorist benefits, and asks this Court to provide guidance on the doctrine. - Refuse 5-0

21.  Crown Industries v. The West Virginia Workers’ Compensation Commission - No. 33439. Petitioner appeals from an August 16, 2005 order of the West Virginia Workers’ Compensation Commission holding that Crown was the successor of Tolsia Wood Products, Inc., and, therefore, liable for unpaid premiums and interest owed to the Commission by Tolsia. -  Dismissed.

22.  State of West Virginia v. Daniel P. Horbatak - No. 070806. Petitioner appeals from an Order denying his Motion to Dismiss a petition to revoke probation. Mr. Horbatak entered guilty pleas on March 25, 2002, to a felony Uttering offense, as well as a misdemeanor Fraudulent Schemes offense. - Refuse 4-1 (Starcher)

23.  Elizabeth A. Sedlock and Jason Banish v. Marsha Ann Felton, Jean Hollandsworth, Double H. Realty, Inc., which is a West Virginia Corporation, David A. Romano and Cathy Joey Romano - No. 070854. This is a petition on a Rule 54 Appeal of an Order entered on October 24, 2006. The Harrison County Circuit Court granted a motion to dismiss the real estate agent, the real estate agency and the broker and made such immediately appealable under Rule 54(b) of the West Virginia Rules of Civil Procedure. The civil action remains presently pending against the Romanos, who have a motion to dismiss the pending action in the Harrison County Circuit Court. - Accept to Motion Docket

24.  Clearon Corporation v. Board of Review, West Virginia Division of Employment Security, James C. Dillon, Chair; Quetta Muzzle, Commissioner of the Department of Employment Security; Arthur C. Boggs; and Gary W. Childress - No. 070863. Clearon Corporation appeals an order of the Circuit Court of Kanawha County reversing the West Virginia Bureau of Employment Programs, Board of Review holding the respondents Boggs and Childress were disqualified from receiving unemployment compensation benefits because they voluntarily quit their jobs after taking a lucrative and undisputedly voluntary early retirement package. - Grant  5-0

25.  Robert Macek and Lawrence Macek, individually and as co-executors of the estate of Phyllis Macek v. Carl R. Jones, D.O. and Weirton Medical Center, Inc. - No. 070869. Petitioners appeal from the Brooke County Circuit Court’s Order denying Post-Trial Relief. Petitioners had argued that it was error for the Court not to strike two jurors. After a six day trial, a jury returned a unanimous verdict in favor of the respondents. - Accept to Motion Docket

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