April 29, 2009 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, April 29, 2009

Case No. 34330 from the Argument Docket will be called at 10 a.m. before the Motion Docket begins.

1. Thomas M. Hildebrand v. PSC and Trans-Allegheny Interstate Line Company - 090382 - Intervenor below appeals the Public Service Commission's order granting Respondent Trans-Allegheny's application for a certificate of public convenience and necessity to construct segments of a multi-state electric transmission line and related facilities through portions of Monongalia, Preston, Tucker, Grant, Hampshire, and Hardy Counties and denying motion for reconsideration of that order and request for a continuing prudence review. - Refuse 4-1, (Workman).

2. Sierra Club, Inc. v. PSC and Trans-Allegheny Interstate Line Company - 090379 - Sierra Club appeals the Public Service Commission's order granting Respondent Trans-Allegheny's application for a certificate of public convenience and necessity to construct segments of a multi-state electric transmission line and related facilities through portions of Monongalia, Preston, Tucker, Grant, Hampshire, and Hardy Counties and denying Sierra Club's motion for reconsideration of that order and request for a continuing prudence review. - Refuse 4-1, (Workman).

3. State of WV v. Daniel Jason Chancey - 090177 - Daniel Jason Chancey appeals the circuit court's order amending and correcting his criminal sentence and denying his petition for habeas corpus. He asserts that the court failed to abide by an agreement to admit him to probation when a detainer was issued by the Commonwealth of Virginia. - Withdrawn.

4. SER Daniel Jason Chancey v. Teresa Waid, Warden - 090130 - Daniel Jason Chancey appeals the circuit court's order amending and correcting his criminal sentence and denying his petition for habeas corpus. He asserts that the court failed to abide by an agreement to admit him to probation when a detainer was issued by the Commonwealth of Virginia. - Withdrawn.

5. State of WV v. Carlton Ray Guffey - 090167 - Carlton Ray Guffey appeals his conviction for attempt to manufacture methamphetamine. He asserts, inter alia, that the circuit court erred by not suppressing his statement to police. Refuse 3-2 (Benjamin, Ketchum)

6. State of WV v. Charles J. Lively - 090183 - Charles J. "Jason" Lively appeals his conviction for felony murder with a recommendation of mercy. He asserts improper admission of 404(b) evidence, erroneous jury instruction, insufficiency of the evidence, and a violation of his right of confrontation. - Grant 4-1, (Davis).