2.  State of West Virginia v. William M. Woodson - No. 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.  Accept to Motion Docket

3.  Crystal A. Hatfield v. Health Management Associates of West Virginia, Inc., d/b/a Williamson Memorial Hospital, and Jacqueline Atkins, individually, and Cassie Ball, individually - No. 072111. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendants in this employment termination action.  Accept to Motion Docket

4.  State of West Virginia v. Charles Cowley - No. 072112. Defendant appeals from his conviction on one count of second degree sexual assault. He was sentenced to a term of 10 to 25 years. Defendant seeks a reversal and a new trial.  Accept to Motion Docket

5.  State of West Virginia v. Tony Mobley, a/k/a Anthony Lee Mobley  - No. 072131. Defendant appeals from his convictions on three counts of providing false information and/or incorrect information to the West Virginia sexual offender registry in violation of W.Va. Code §15-12-8(b). Defendant seeks a reversal of his convictions or, in the alternative, re-sentencing.  Refuse 5-0

6.  Board of Education of the County of Putnam v. Johnny Sargent - No. 072203. The Board of Education appeals from the circuit court’s order affirming the decision of the Grievance Board, which ruled in favor of the respondent bus driver.  Refuse 5-0

7.  Earl Eugene Kilmer and Cynthia Jean Kilmer v. Lawrence J. Dinisio, Jr.- No. 072204. Defendant appeals from the circuit court’s order entered in favor of plaintiffs in this action to establish plaintiffs’ rights to use a right-of-way that traverses defendant’s real estate.  Grant 3-2 (Davis, Benjamin)

8.  Rabbi Ronald H. Bernstein-Goff v. Harold Burech, as President of Temple Shalom, Congregation L’Shem Shamayim and Temple Shalom, Congregation L’Shem Shamayim - No. 072208. Plaintiff appeals from the circuit court’s order granting defendants’ motion to dismiss in this action for a declaratory judgment arising out of an employment agreement.  Refuse 5-0

9.  Jeffrey D. Carpenter v. F. Douglas Stump, Commissioner of the West Virginia Division of Motor Vehicles, and the State of West Virginia - No. 072210. Petitioner appeals from the circuit court’s order reversing the administrative decision suspending respondent’s driver’s license. Petitioner seeks a reversal and remand with directions to either affirm or reverse the final order of the Commissioner based upon the merits of the case.  Grant 3-2 (Starcher, Albright)

10.  James E. Lancaster v. State of West Virginia - No. 072211. Petitioner appeals from the relief that was awarded in this habeas corpus proceeding. The circuit court awarded relief consisting of the remission of a period of five years of probation. Petitioner seeks further relief consisting of setting aside his convictions and the award of a new trial.  Accept to Motion Docket

11.  In re: FELA Asbestos Cases (Mass litigation cases consolidated for appeal):

Joseph E. Baker et. al. v. Consolidated Rail Corporation and American Premier Underwriters, Inc.
Charles S. Adams et al. v. CSX Transportation, Inc.
Herbert J. Adams et al. v. CSX Transportation, Inc.
Jerry M. Abbott, et al. v. CSX Transportation, Inc.
Peggy Tackett v. CSX Transportation, Inc.
Charles C. Albright, et al. v. Norfolk Southern Railway Company
Paul D. Anthony, et al. v. CSX Transportation, Inc. and Norfolk Southern Railway Company - No. 071898. Petitioners appeal the dismissal of their lawsuits pursuant to the non-resident venue statute, W.Va. Code § 56-1-1(c) [2003].  Accept to Motion Docket

12.  State of West Virginia v. Michael E. Elmore - No. 071907. Michael E. Elmore appeals his convictions for possession with intent to distribute marijuana, battery on a police officer, and obstructing an officer.  Refuse 5-0

13.  State ex rel. Bradley Earl Hacker v. Thomas McBride, Warden of the Department of Corrections for the State of West Virginia - No. 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.  Accept to Motion Docket

14.  Jason Eastham v. City of Huntington and Josh Coffey v. City of Huntington - No. 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.  Accept to Motion Docket

15.  Sergeant Glen Messer of the Sheriff’s Department of Mingo County, West Virginia, v. Sheriff Lonnie Hannah, Sheriff of Mingo County, West Virginia - No. 071983. Sheriff Lonnie Hannah appeals the Circuit Court’s order which affirmed the decision of the Mingo County Civil Service Commission for Deputy Sheriffs.  Grant 5-0

16.  Jefferson Orchards, Inc. v. Jefferson County Zoning Board of Appeals, A Public Body, Paul Raco, Zoning Administrator, Thomas Trumble, Member, Edwin T. Kelly, II, Member, Tiffany Hine, Chair, Christy Huddle, Member, Frances Morgan, Member - No. 072212. Jefferson Orchards, Inc. appeals the circuit court’s certiorari order regarding a conditional use permit. Although the permit was granted, petitioner objects to certain conditions imposed by the Jefferson County Board of Zoning Appeals and upheld by the court.  Defer

17.  Darlene G. Hively v. F. Douglas Stump, Commissioner of the West Virginia Division of Motor Vehicles, and the State of West Virginia - No. 072214. Darlene G. Hively appeals the circuit court’s order which affirmed the DMV Commissioner’s order revoking her driver’s license.  Refuse 3-2 (Starcher, Albright)

18.  Deborah K. May v. Chair and Members, Board of Review; Commissioner, West Virginia Bureau of Employment Programs; and Mate Creek Security, Incorporated, Employer - No. 072216. Deborah K. May appeals the circuit court’s order affirming the denial of her claim for unemployment benefits.  Accept to Motion Docket

19.  Cabin Creek, Inc. v. Janet L. Rhoades, Board of Review of the West Virginia Bureau of Employment Programs, and Commissioner of the Board of Review - No. 072217. Employer, Cabin Creek, Inc., appeals the circuit court’s order which adopted the findings and order of Bureau of Employment Programs Board of Review.  Refuse 5-0

20.  Rahmet Muzaffer, M.D. v. John E. Bianconi, Acting Commissioner, Bureau for Behavioral Health and Health Facilities, and Walter Garrett, CEO, Welch Community Hospital - No. 072218. Dr. Rahmet Muzaffer appeals the circuit court’s order which denied his petition for mandamus. Dr. Muzaffer seeks to have Welch Community Hospital reappoint him to the hospital’s medical staff and reappoint his clinical privileges.  Refuse 5-0

21.  State of West Virginia v. Timothy Dale Colbird - No. 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 courts of first degree sexual abuse, 13 counts of second degree sexual assault, and 2 counts of third degree sexual assault.  Accept to Motion Docket

22.  Anthony J. Barbario, et al. v. West Virginia Consolidated Public Retirement Board - No. 072224. The West Virginia Consolidated Public Retirement Board petitions for appeal from the Circuit Court of Kanawha County’s Final Order finding that the Teachers’ Retirement Equity Act is violative of the Takings Clause of the West Virginia Constitution and the Contracts Clause of the United States and West Virginia Constitutions.  Accept to Motion Docket

23.  Charlene Bonnell, et al v. Board of Education of the County of Randolph, Sheryl Ware and Brenda Travise - No. 072226. Petitioners seek review of the decisions of the Circuit Court of Randolph County and the West Virginia Education & State Employees Grievance Board which denied the plaintiffs’ employment grievance. The petitioners seek reversal and removal of the grant of seniority and regular employment status awarded by the Board of Education to Ms. Ware and Ms. Travise, and attorney’s fees and costs.  Refuse 4-1 (Starcher)

24.  Mark D. Hudnall, Prosecuting Attorney of Nicholas County, West Virginia, on behalf of the Central West Virginia Drug Task Force v. 2.2 Pounds of Cocaine, Four Thousand and Nine Hundred Thirty-Three Dollars in United States Currency, and 1995 Ford F-150 vin no. 1FTEX14HXSKB31337 - No. 072228. This is a forfeiture action under the West Virginia Contraband Forfeiture Act brought by the Prosecuting Attorney on behalf of the Central West Virginia Drug Task Force. The petitioner, Darlene Skaggs, appeals from an Order of forfeiture entered on February 23, 2007.  Accept to Motion Docket

25.  Carl and Terry Milam v. Fleetwood Homes of N.C., Inc. - No. 072231. The petitioner seeks to reverse the Roane County Circuit Court’s rulings denying post-trial motions and enter judgment notwithstanding the verdict, or in the alternative award a new trial.  Refuse 5-0

26.  Brenda L. Stanley v. Suthipan Chevathanarat, M.D. - No. 072232. Petitioner, Brenda L. Stanley, appeals from the Logan County Circuit Court’s denial of post-trial motions. Plaintiff filed a medical malpractice suit for damages alleged in the performance of surgery. A verdict was returned in favor of the defendant by finding that the defendant was not negligent.  Accept to Motion Docket

27.  State of West Virginia v. Charles Stephen Smith - No. 072239. Petitioner appeals from his plea of nolo contendere to third offense driving under the influence of alcohol in order to challenge the admissibility of the blood alcohol test results. Petitioner alleges that the specimen was obtained with a search warrant without petitioner’s consent.  Refuse 3-2 (Starcher, Albright)

28.  State of West Virginia v. William R. Spears - No. 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.  Accept to Motion Docket

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