Argument
Docket Wednesday, April 29, 2009
Please note that case #7 will be called at 10:00 a.m.
Supreme Court of Appeals of West Virginia
Argument
Docket
Wednesday, April 29, 2009
Please
note that case #7 will be called at 10:00 a.m.
1. Evelyn "Peach" Murphy v. Eastern American Energy Corp., et al. - 33811 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of defendant in this deliberate intent action. The circuit court ruled that the decedent had no dependents under W.Va. Code §23-4-2(c) and that pursuant to Saville v. Speedway Super America, LLC, No. 33053 (Nov. 15, 2006) (2006 WL 3358431), defendant was entitled to summary judgment.
2. SER Alfred Gray v. Hon. H.L. Kirkpatrick, III, Judge - 34726 - Dismissed.
3. SER Henry William Johnson v. Hon. Robert A. Burnside, Jr., Judge- 34727 - Petitioner seeks to compel the Circuit Clerk to acknowledge a motion filed before the Circuit Court and to compel the Circuit Court to take action on the motion, which was filed on November 13, 2007. - Dismissed.
4. SER Dexter Pritt v. Hon. Richard A. Facemire, Judge - 34728 - Dismissed.
5. SER Alex Farmer v. Thomas McBride, Warden - 34157 - Alex Farmer appeals the circuit court's denial of his omnibus petition for post-conviction habeas corpus. He was previously convicted of First Degree Murder with a recommendation of mercy, two counts of First Degree Sexual Assault, and Burglary. He asserts several constitutional arguments based upon Zain 1 and Zain 3, the admission of certain evidence and statements, the court's denial of his motion for judgment of acquittal and motion to strike a juror for cause, alleged juror misconduct, and alleged sentencing error. - Continued.
6. SER James L. Knotts v. Hon. Richard Facemire, Judge - 34647 - Criminal defendant sought emergency prohibition to prevent the circuit court from commencing criminal trial against him, arguing that fundamental fairness imposes a duty on the State to act within a reasonable time in prosecuting him for alleged offenses which occurred 14-17 years before he was indicted and which the State was aware of at the time that they were alleged to have occurred. - Justice Workman disqualified. Judge Sadler sitting by temporary assignment.
7. C & O Motors, Inc. v. West Virginia Paving, Inc. - 34330 - Defendant appeals from the circuit court's order awarding summary judgment in favor of plaintiff in this negligence action seeking damages. Defendant asserts that the circuit court's ruling effectively changed this negligence into one of "strict liability." Defendant further asserts that the circuit court erred by not granting defendant's motion to join a necessary party, a subcontractor, who performed the work in question. Chief Justice Benjamin disqualified. Judge Moats sitting by temporary assignment. - This case will be called at 10:00 a.m.
8. SER Deborah K. Garton, Asst. Pros. Atty. v. Hon. David W. Knight, Judge - 34811 - Petitioner seeks a writ of prohibition to prohibit the circuit court from requiring a child sexual assault victim undergo a pelvic examination to determine if any physical evidence that victim had repeated traumatic intercourse.
The briefs and other filings are provided in PDF format.
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