Supreme Court of Appeals of West Virginia
Motion Docket
Tuesday, October 23, 2007
1. State of W. Va. v. Joshua Lee Slater - 070677 - Joshua Lee Slater appeals his conviction for Kidnaping, Burglary, Wanton Endangerment, and Domestic Violence. Grant 4-1 (Maynard).
2. State of W. Va. v. John Lowery - 071594 - John Lowery appeals his conviction for two counts of felony sexual assault in the third degree and two counts of misdemeanor sexual abuse in the third degree. Grant 4-1 (Maynard).
3. Dawn Soulsby (Martinez) v. David Soulsby - 071603 - Petitioner appeals from a decision of the Putnam County Circuit Court wherein the Court refused to review the petitioner's appeal of a Family Court Order regarding the calculation of child support. Petitioner seeks a reversal of the Court's finding that the Family Court committed no reversible error in regard to the child support calculation. Grant 5 - 0.
4.
State of W. Va. v. James Lee Brooks - 071980 - James Lee Brooks appeals his conviction for First Degree Robbery, Conspiracy to Commit First Degree Robbery, Malicious Assault, and Conspiracy to Commit Malicious Assault. Grant 3 - 2, Davis & Maynard, on issue #1 only.5. Michael Dennis v. WV Parole Board and Benita F. Murphy, Chairperson - 071598 - Michael Dennis appeals the circuit court's order which dismissed his petition for declaratory judgment and mandamus. Petitioner seeks a declaration that the Parole Board has improperly failed to credit him with time served on a robbery sentence, and seeks a writ of mandamus ordering the Board to so credit him. Refuse 3 - 2, Starcher & Albright.
6. Weidlich and Associates, Inc. v. Larchwood Asset Management, Inc., Samuel A. Agnew, III - 071897 - Petitioner appeals from a January 11, 2007, Order granting summary judgment in favor of the respondent on all issues. Petitioner filed a post-judgment reconsideration motion via Rule 60(b) of the West Virginia Rules of Civil Procedure on April 19, 2007. The Motion was denied on May 2, 2007. On appeal, petitioner seeks to enforce both written and oral agreements requiring the respondent to provide complete financial statements and disclosure and to seek the acceleration of the attendant promissory notes for full payment of the outstanding unsecured notes' balance. Refuse 5- 0.
7. State of W. Va. v. James Aaron Cooper, III - 072006 - Petitioner appeals from the Cabell County Circuit Court's denial of a Motion in Arrest of Judgment. Petitioner seeks a reversal and argues that the Indictment was insufficient. Refuse 3 - 2, Starcher & Albright.
8. Theresa D. Messer v. Huntington Anesthesia Group, Inc., Dr. Farouk Abadir, Dr. Hosny S. Gabriel, Dr. Mark Newfeld, et al. - 071909 - Plaintiff appeals from the circuit court's order granting the employer's motion for summary judgment in this handicap discrimination case brought under the West Virginia Human Rights Act. Grant 4-1 (Maynard).
9. In the Matter of: D. C. - 072213 - The juvenile defendant appeals the circuit court's disposition ordering the juvenile to the Children's Center of Ohio, plus probation until age 20. The juvenile defendant seeks a remand with directions to place him on home confinement and to return him to the physical custody of his mother. - Withdrawn.
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