Supreme Court of Appeals of West Virginia

 Argument Docket  
Tuesday, October 23, 2007

1.  SER Jefferson Co. Bd. of Zoning Appeals v. Hon. Christopher C. Wilkes, Judge, et al. - 33500 - Petitioner (Jefferson County Bd. of Zoning Appeals) seeks a writ of prohibition to prohibit circuit court from entering an order denying Petitioner's motion to disqualify J. Michael Cassell and the law firm of Campbell, Miller & Zimmerman from representing Thorn Hill and Highland Farms. Mr. Cassell was employed as an Assistant Prosecuting Attorney in Jefferson County and provided legal counsel to Bd. of Zoning Appeals before leaving and going to the law firm of Campbell, Miller & Zimmerman who not represents Highland Farm and Thorn Hill.

• Petition for Writ of Prohibition
• Response to Petition

2.  SER Lynn A. Nelson, Prosecuting Attorney v. Hon. Andrew N. Frye, Judge - 33499 - The State filed a writ of prohibition seeking to vacate the Court's May 11, 2007, order dismissing the charge of Negligent Homicide in State v. James Butler. Butler was operating a tractor trailer when it rolled over ejecting is load of logs into the path of another car driven by Melissa Pennington. Pennington died a few hours later from injuries received during the accident. The Grand Jury indicted Butler and the State alleges excessive speed and an unsecured load as negligent acts.

• Petition for Writ of Prohibition
• Response to Petition (Judge Frye) 
• Response to Petition (James Butler, Jr.)

3.  Allison J. Riggs, et al. v. W. Va. University Hospitals, Inc. - 33335 - Plaintiffs Allison J. Riggs and Jack E. Riggs, M.D. appeal the circuit court's order which reduced their $10 million dollar non-economic damages jury verdict to $1 million pursuant to the cap set forth in the 1986 version of the Medical Professional Liability Act.

• Appellant's Brief
• Appellee's Brief
• Reply Brief
• Brief of Amici Curiae, WV Hosp. Assoc. & WV State Medical Assoc.
• Brief of Amici Curiae, WV Association for Justice
• Brief of Amici Curiae, WV Mutual Insurance

4.  State of W. Va. v. Jonathon Freemont Ray - 33324 - Defendant appeals his convictions on multiple sexual offenses. Defendant raises various issues, including whether he was competent to stand trial and his sentencing.

• Appellant's Brief
• Appellee's Brief

5.  State of W. Va. v. Kenneth Bookheimer - 33289 - Kenneth Bookheimer appeals his convictions for Operation of a Clandestine Drug Laboratory and Conspiracy, both felonies.

• Appellant's Petition/Brief
• Appellee's Brief

    State of W. Va. v. Jessica Marie Tingler - 33290 - Defendant, convicted of Operating a Clandestine Drug Laboratory and Conspiracy by jury, appeals circuit court order sentencing her to serve consecutive 2-10, 1-5 year terms in prison, arguing the circuit court erred by forcing a Defendant who was not competent due to drug abuse prior to the trial to go to trial after she tested positive for several drugs, that the circuit court erred by not suppressing the evidence obtained as a result of an illegal search of Defendant's residence, that the circuit court erred when it allowed improper expert testimony by Erin Feazell, a chemist from the WV State Police Crime Laboratory, as to the identity of certain substances without a proper foundation, and that the circuit court erred by not granting the Defendant's Motion to Dismiss for Failure of the State to prove a prima facie case on the charge of conspiracy.

• Appellant's Brief
• Appellee's Brief

6.  SER Dennis J. Rydbom v. Hon. Jeffrey B. Reed, Judge - 33507- Petitioner, pro se, seeks a writ of habeas corpus on ground that he was denied a speedy trial; ineffective assistance of counsel; freedom of unreasonable search and seizure; hearsay at trial; subjected to prejudicial publicity before and during trial; and unfair trial judge. - Dismissed.

• Petition for Writ of Habeas Corpus

7.  Brian M. Powell v. Steven L. Paine, State Supt. of Schools - 33325 - Petitioner appeals a decision by the State Superintendent of Education suspending the petitioner's teaching license for a period of four years. The Circuit Court affirmed the Superintendent's decision.

• Appellant's Brief
• Appellee's Brief
• Reply Brief

The briefs and other filings are provided in PDF format. 
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Tuesday, October 23, 2007