Supreme Court of Appeals of West Virginia

 Argument Docket  
Tuesday, October 9, 2007

 1.  State of W. Va. v. Eric Allen Foster - 33323 - Defendant appeals from his two convictions for second degree murder. He asserts various evidentiary and trial errors. Justice Benjamin disqualified.  Judge Moats sitting by temporary assignment.

• Appellant's Brief
• Appellee's Brief

2.  SER Shane Shelton v. Howard Painter, Warden - 33322 - Shane Shelton appeals the denial of his petition for writ of habeas corpus. He was previously convicted of First Degree Murder without a recommendation of mercy.

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

3.  Mark Roberts v. West Virginia American Water Co., et al. - 33326 - Petitioner in a property damage case appeals the circuit court's summary judgment order which dismissed the claims against three defendants based upon the statute of limitations.

• Appellant's Brief
• Appellee's Brief (Famco Contracting)
• Appellee's Brief (E. L. Robinson Engineering)
• Appellee's Brief (WV American Water)

4.  SER Alan D. Baker v. David H. Bolyard, Director, DMV - 33303 - Alan D. Baker appeals the circuit court's order which affirmed the decision of the Division of Motor Vehicles to suspend his driver's license based upon his conviction for DUI following a nolo contendere plea.

• Appellant's Brief
• Appellee's Brief

5.  State of W. Va. v. Kenneth Ray Collins - 33300 - This is an appeal of a criminal conviction where petitioner was convicted by a jury of the crime of Sexual Abuse by a parent, guardian or custodian and Sexual Abuse in the Third Degree on January 12, 2005. Petitioner requests a new trial. 

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

6.  In Re: Visitation and Custody of Senturi N. S. V. - 33334 - Mother appeals circuit court order affirming Family Court order which found that interveners were psychological co-parents of her natural child. 

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

7.  Bill E. Morton, et al. v. Unknown Heirs of Ernest M. Van Camp, et al. - 33341 - Petitioner seeks an appeal of circuit court's order that authorized the sale of the real estate where the Petitioner owns a 1/7th interest in the property.

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

8.  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. - Rescheduled to October 23.

9.  E. Landis v. Georganne Banning Landis - 33333 - This appeal stems from a divorce action and a Final Order entered on April 24, 2006 by the Family Court denying petitioner's requests for attorney fees and costs. The Circuit Court affirmed decision by order dated July 20, 2006. 

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

10.  SER James Berry, Sr. v. Hon. Alfred E. Ferguson, Judge - 33451 - Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to timely rule upon pending motions and Petition for Writ of Habeas Corpus.  - Dismissed.

• Petition for Writ of Mandamus

11.  SER John Christian v. Hon. Jeffrey B. Reed, Judge - 33450 - Dismissed.

The briefs and other filings are provided in PDF format. 
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Monday, October 22, 2007