Supreme Court of Appeals of West Virginia

gavel Argument Docket  
Wednesday, May 9, 2007

*7.  In the Matter of: Carolyn D. Cruickshanks  - This case will be called immediately following the Motion Docket.

1.  State of W. Va. v. James K. Hosby - 33247 - Petitioner files an appeal from the circuit court's order revoking his parole. Petitioner requests that the revocation be reversed and he be reinstated to probation.

2.  Nancy K. Hudkins v. WV Consolidated Public Retirement Board - 33245 - The WV Consolidated Public Retirement Board appeals the circuit court's order which reversed the Board's administrative decision regarding the conversion of certain sick leave to retirement service credit.

3.  Gary Wolfingbarger v. Pricie Fern Wolfingbarger - 33094 - Petitioner husband appeals from the final order of the family court refusing to enforce the terms of a written property settlement agreement executed by the parties in connection with their divorce proceeding and from the circuit court's order upholding the family court's decision. - Continued to May 22.

4.  State of W. Va. v. Julian R. Smith - 33171 - Defendant appeals from his conviction of aggravated robbery following a jury trial. He seeks a reversal on the basis of trial error. 

5.  State of W. Va. v. Michael Cummings - 33223 - Petitioner appeals his conviction for attempting to operate a clandestine drug laboratory and conspiring to commit the offense of attempting to operate a clandestine drug laboratory.

6.  SER Mark G. Sergent, Pros. Atty., SER v. Hon. David W. Nibert, Judge, et al. - 33327 - Petitioner's driver license was revoked for seven different violations and suspensions. The Circuit Court ruled that petitioner "cannot violate the provision of WV Code Section 17B-4-3(b) of operating a motor vehicle on a public roadway while one's privilege to do so has been suspended where one operates an all-terrain vehicle in conformity with provisions of WV Code Section 17F-1-1 et seq. Petitioner seeks a writ of prohibition as to whether the circuit court exceeded its legitimate power in ruling that the operation of an all terrain vehicle, under WV Code, Section 17F-1-1 by a person who driving privileges have been previously revoked under requirements of WV Code Section17B-4-3(b) cannot commit an offense under WV Code because the operation of an all terrain vehicle requires no WV Drivers License.

7.  In the Matter of: Carolyn D. Cruickshanks  - 33336 - Respondent was arrested and charged with violation of WV Code, Section 61-10-31, conspiracy to commit an offense against the State, the criminal offense of "Retaliation Against A Witness", as set out at WV Code, Section 61-5-27(C). - This case will be called immediately following the Motion Docket.

8.  Robert J. Zaleski, M.D. v. West Virginia Physicians Mutual Insurance Co. - 33242 - Defendant insurance company appeals from the circuit court's order granting partial summary judgment in favor of plaintiff, ordering the reinstatement of insurance coverage to plaintiff, and denying defendant's motion to dismiss.

9.  Cornell F. Daye v. SER Thomas McBride, Warden - 33100 - Daye appeals the circuit court's 06/09/05 order denying his petition for a writ of habeas corpus with a finding that "Daye's Petition does not show any probable cause warranting further inquiry. 

  10.  Cornell F. Daye v. SER Thomas McBride, Warden - 33101 - Daye appeals the circuit court's 06/09/05 order denying his petition for a writ of habeas corpus with a finding that "Daye's Petition does not show any probable cause warranting further inquiry. 

 


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Wednesday, May 09, 2007