1.  What is the statute of limitations for a claim brought pursuant to the Consumer Goods Rental Protection Act, West Virginia Code §46B-1-1 et seq.? 

2.  Does Senate Bill 145 violate the one-object rule of Article VI, Section, 30 of the West Virginia Constitution? 

3.  If Senate Bill 145 does violate the one-object rule, should the Court’s ruling apply retroactively so as to invalidate the rules enacted therein?

The District Court did not answer these questions. Grant  5- 0

2.  Mingo Land Company v. Delina, Inc., a Delaware Corporation, A. Clark Northcott, and Elliott Northcott III - No. 072361. Plaintiff appeals from the circuit court’s order granting defendants’ motion for summary judgment and denying plaintiff’s motion for summary judgment as to defendants’ counterclaims. This case arises out of a timber sale contract. Plaintiff asserts that the circuit court erred by relying, in part, upon the Contemporaneous Ownership Rule in awarding summary judgment in favor of defendants. Refuse 4-1 (Starcher)

3.  State of West Virginia v. Gerald Blankenship - No. 072362. Defendant appeals following his conviction of delivering a control substance (hydromorfone). Defendant challenges his sentencing and the circuit court’s reliance upon statements from a co-defendant’s pre-sentence report and upon hearsay statements made by a conservation officer in his letter of official sentiment. Defendant seeks a remand and re-sentencing. Refuse 4-1 (Starcher)

4.  Robin and Eric Leonard v. Ira Edward Gue, John Edward Gue and Gue Construction Company, a West Virginia General Partnership - No. 072364. Plaintiffs appeal from the circuit court’s order denying their motion for an award of attorney’s fees and costs in this action to enforce an arbitration award that resolved a dispute arising out of a construction contract. Refuse 5-0

 5.  Robert V. Evans v. Evelyn Siefert, Warden - No. 072365. Petitioner appeals from the circuit court’s order denying his petition for habeas relief. Petitioner asserts, inter alia, that his constitutional rights were violated due to an improper voir dire; that the State breached several plea agreements; that his counsel was ineffective; and, that he was improperly escorted in front of the jury while wearing shackles. Refuse 4-1 (Starcher)

 6.  State of West Virginia v. William Ray Taylor, II - No. 072366. Defendant appeals from his conviction and sentence on one count of second degree sexual assault. He seeks a reversal and a new trial alleging error in the introduction of perjured testimony and the sufficiency of the evidence.  Accept to Motion Docket

7.  State of West Virginia v. Terri Ann Castle - No. 072367. Defendant appeals her conviction for murder with mercy following a jury trial. Defendant raises instructional error and seeks a new trial. Refuse 5-0

8.  State of West Virginia v. Eddie D. Mullens - No. 072369. Defendant appeals following his guilty plea to the offense of simple unlawful assault. Specifically, defendant appeals the imposition of his sentence of one to five years and the failure of the circuit court to properly consider a recommended alternative sentence of one year in jail. Refuse 5-0 

9.  In re the Marriage of Patricia C. Saunders and Joe Carroll Saunders - No. 072348. Joe Carroll Saunders appeals the circuit court’s order which affirmed the family court’s final order in a divorce case. He raises several issues regarding equitable distribution and spousal support.  Refuse 5-0

10.  Wayne Fleshman v. Nationwide Insurance Company of America, a domestic corporation; Brian Dowler; and Sheila Walker - No. 072350. Defendants below, Nationwide and Brian Dowler, appeal the circuit court’s Rule 60(b) order granting a new trial on the issue of punitive damages to Plaintiff Wayne Fleshman. The court found that defendants acted fraudulently by not providing certain documents in discovery and by providing testimony and documents at trial which were contrary to these documents. Refuse 5-0

11.  WACO Oil and Gas Company, Inc. v. Matthew B. Crum, Director, Division of Mining and Reclamation, and West Virginia Department of Environmental Protection - No. 072371. The WV Department of Environmental Protection and its current Director appeal the Circuit Court’s order which reversed a decision of the WV Surface Mine Board. The Board had affirmed the Director’s decision to deny WACO Oil and Gas Company, Inc.’s application for a permit to quarry sandstone.  Accept to Motion Docket

12.  WILLIAM A. STANLEY v. JIM RUBENSTEIN, in both his personal and official capacity as COMMISSIONER of the West Virginia Department of Military Affairs, Division of Corrections, THE WEST VIRGINIA DEPARTMENT OF MILITARY AFFAIRS, DIVISION OF CORRECTIONS, DELBERT HARRISON, in both his personal and official capacity as DIRECTOR OF PAROLE SERVICES of the West Virginia Department of Military Affairs, Division of Corrections, and JASON MCGRAW, in both his personal and official capacity as PAROLE OFFICER of the West Virginia Department of Military Affairs, Division of Corrections - No. 071618. Plaintiff William Stanley appeals the circuit court’s order dismissing without prejudice his suit alleging unconstitutional restraints on the conditions of his parole. The Court found that he failed to exhaust his administrative remedies and failed to provide the State with the required pre-suit notice.  Accept to Motion Docket

13.  Thomas P. Sturm v. The Board of Education of Kanawha County, West Virginia - No. 072427. Plaintiff Sturm asserts that the Defendant Board of Education provided him with a defective education. The circuit court dismissed his state law claims with prejudice for failure to exhaust administrative remedies, and Sturm appeals.  Accept to Motion Docket

14.  Wanda L. Ray v. Andrew Lynne Palmer - No. 072428. Plaintiff appeals the circuit court’s order granting a partial judgment as a matter of law to the defendant in plaintiff’s case alleging that defendant obtained property and money by fraudulent inducement. The court found that plaintiff presented sufficient evidence to go to the jury on only three of her claims. Refuse 5-0

15.  State of West Virginia v. Steven Shaun Sharps - No. 072429. Steven Shaun Sharpe appeals the sentence he received for his conviction of one count of Manufacturing a Controlled Substance, as well as the circuit court’s denial of his motion for reconsideration of sentence. He was sentenced to 1 to 5 years in prison, but argues that punishment other than prison is appropriate under the circumstances.  Refuse 3-2 (Starcher, Albright)

16.  Donald E. Largent v. Zoning Board of Appeals for the Town of Paw Paw, and the Town of Paw Paw, a municipal corporation - No. 072430. Plaintiff appeals the circuit court’s order granting summary judgment in favor of the respondent town and zoning board on the issue of validity of a zoning ordinance. Plaintiff argues that the ordinance is void ab initio because a comprehensive land development plan was not adopted prior to or contemporaneous with the ordinance.  Accept to Motion Docket

17.  Rebecca O’Dell v. Family Dollar Stores, Inc., Family Dollar Stores of West Virginia, Inc., and Paul Hill - Nos. 072304 & 072701. In petition no. 072701, defendant employers appeal the circuit court’s order denying their motion for Judgment as a Matter of Law after a jury found they discriminated against an employee on the basis of her disability and failed to reasonably accommodate her disability. In petition no. 072304, defendants appeal the circuit court’s order directing them to reinstate plaintiff to her former position. The two petitions were consolidated by this Court.  Accept to Motion Docket

18.  Bernard J. Folio and Grandeotto, Inc. v. Harrison-Clarksburg Health Department and Harrison-Clarksburg Board of Health - No. 072431. The petitioner seeks a review of a final order entered on March 13, 2007, by the Circuit Court dismissing all of the petitioners’ claims upon the Respondent’s Rule 56 Motion for Summary Judgment. The petitioner initially challenged the Harrison-Clarksburg Health Department’s attempt to relocate its facility.  Grant 3-2 (Davis, Benjamin)

19.  Barbara Miller v. Jesse B. Jalazo, M.D. - No. 072432. This medical negligence action was filed in Berkeley County. On November 9, 2006, the jury returned a verdict against Dr. Jesse B. Jalazo, finding him 100% liable for the damages suffered by the plaintiff and for the death of Paul Miller. Dr. Jalazo seeks relief from a February 5, 2007, Order finding that the defendant is not entitled to judgment as a matter of law notwithstanding the verdict, or in the alternative, a new trial.  Accept to Motion Docket

20.  Carolyn Wolfe v. West Virginia Steel Corporation and Phoenix Regal, Inc. ,and Frederick Smith v. West Virginia Steel Corporation, and Phoenix Regal, Inc.- No. 072434. The plaintiffs below prevailed in their claims of age discrimination. West Virginia Steel Corporation and Phoenix Regal, Inc., appeals from an Order of the Circuit Court of Kanawha County entered on January 22, 2007, denying the petitioner’s post-trial motions and entering judgment in the amount of $369,654.87 in compensatory damages, punitive damages, prejudgment interest, attorney fees and litigation expenses.  Accept to Motion Docket

21.  Edgar Ross Sanson v. St. Paul Mercury Insurance Company and Susan K. Hamrick - No. 072456. Petitioner, Edgar Ross Sanson, petitions for appeal of the Order granting St. Paul Mercury Insurance Company’s Motion for Summary Judgment entered March 20, 2007, by the Circuit Court of Kanawha County. The Circuit Court held that Alabama law governs coverage and that St. Paul’s Auto Liability Protection and Auto Medical Payments Protection did not apply to Mr. Sanson. The Court also held that the Garage Liability Protection’s "Customer Protection" exclusion was enforceable and that St. Paul had no duty to Mr. Sanson. Mr. Sanson appeals the lower court’s decision. Refuse 5-0

22.  In Re: Flood Litigation - No. 072266. The Segal Plaintiffs appeal from the circuit court’s Order Granting In Part and Denying In Defendant’s Motion for Judgment as a Matter of Law or a New Trial in which the court struck the testimony of Plaintiffs’ expert witnesses. The court granted the Defendants, Western Pocahontas Ltd. Partnership and Western Pocahontas Corp., judgment as a matter of law or, in the alternative, a new trial if this Court reverses the judgment as a matter of law. Grant 3-0 (Davis & Benjamin Disqualified)

23.  In Re: Flood Litigation - No. 072332. The Caldwell Plaintiffs appeal from the circuit court’s Order Granting In Part and Denying In Defendant’s Motion for Judgment as a Matter of Law or a New Trial in which the court struck the testimony of Plaintiffs’ expert witnesses. The court granted the Defendants, Western Pocahontas Ltd. Partnership and Western Pocahontas Corp., judgment as a matter of law or, in the alternative, a new trial if this Court reverses the judgment as a matter of law.  Grant 3-0 (Davis & Benjamin Disqualified)

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