Supreme Court of Appeals of West Virginia

Motion Docket 
              Tuesday, November 6,  2007
 

1.  WV Department of Transportation, DOH, & Fred VanKirk, Comm’r v. Dodson Mobile Homes & Services, Inc - 071918 - The Department of Transportation appeals challenging the amount of an attorney's fees award. Refuse  3 - 2,  Starcher & Albright.

2.  State of W. Va. v. William Woodson - 072109 - Defendant appeals from his convictions of first degree robbery and malicious wounding following a jury trial. Defendant asserts various evidentiary errors and seeks a reversal for a re-trial and/or re-sentence. Grant  5 - 0.

3.  Jason Eastham & Josh Coffey v. City of Huntington, & David Felinton, Mayor - 071951 - The City of Huntington appeals the circuit court's declaratory judgment order which held that municipal ordinance and city charter provisions which require city employees to reside within the city are repealed and rendered void and unenforceable as they would apply to all civil service employees and civil service appointees. Continued to January 8, 2008.

4.  State of W. Va. v. Timothy Dale Colbird - 072223 - The defendant's administratrix appeals the circuit court's order denying a "Motion to Set Aside Verdict and Dismiss Charges" which was filed upon the defendant's death, and appeals the defendant's conviction for 19 counts of sexual abuse by a custodian, 5 counts of first degree sexual abuse, 13 counts of second degree sexual assault, and 2 counts of third degree sexual assault. Refuse  3 - 2,  Starcher & Albright.

5.  Bradley Earl Hacker v. Thomas L. McBride, Warden - 071931 - Bradley Earl Hacker appeals the circuit court's denial of his petition for habeas corpus. He is incarcerated for his convictions of felony murder without a recommendation of mercy and possession with intent to deliver marijuana. Refuse  3 - 2,  Starcher & Albright.

6.  Crystal A. Hatfield v. Health Management Assoc. of W. Va., Inc., dba Williamson Memorial Hospital, et al. - 072111 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendants in this employment termination action. Grant 3-1  (Maynard), Benjamin not participating.

7.  Deborah K. May v. Chair & Members, Board of Review; Comm’r. WV Bureau of Employment Programs; & Mate Creek Security, Inc. - 072216 - Deborah K. May appeals the circuit court's order affirming the denial of her claim for unemployment benefits. Grant 4-1  (Benjamin).

8.  State of W. Va. v. William R. Spears - 072205 - Defendant appeals from his convictions and sentences for three counts of murder, two counts of aggravated robbery, and one count of conspiracy. Defendant was sentenced to three terms of life imprisonment, without mercy, two terms of 120 years of imprisonment, and a one to five year term, all to run consecutively. Defendant seeks a reversal and a remand for a new trial. Refuse  3 - 2,  Starcher & Albright.

9.  State of W. Va. v. Dale Alwin Weidenhammer, Jr. - 072292 - Petitioner appeals his conviction for one count of First Degree Sexual Abuse, one count of First Degree Sexual Abuse and two counts of Sexual Abuse by a Parent, Guardian or Custodian. Petitioner was sentenced to serve 25 to 45 years in the West Virginia Department of Corrections. On appeal, the petitioner seeks a new trial. Grant 4-1  (Maynard).


 

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