April 30, 2009
1. State of West Virginia v. Billy Ray McLaughlin - No. 090317. Defendant appeals the questions of law certified by the circuit court in this action which is on remand for a new trial solely on the question of whether defendant should receive a recommendation of mercy. Defendant asks that this Court accept and rule upon these certified questions which, with one exception, were decided adversely to defendant. Grant 5- 0
2. Guy R. Cunningham and Bridget L. Cunningham, his wife v. Walter Lee Hill; Erie Insurance Property and Casualty Company; B. Michael Bentley; Encompass Insurance Company of America; State Farm Mutual Automobile Insurance Company; and William Wilson - No. 090440. Petitioner insurance company files this petition for appeal asking this Court to accept the certified question from the circuit court and to answer that question in the affirmative. Grant 5- 0, consolidate with 090441
3. Guy R. Cunningham and Bridget L. Cunningham, his wife v. Walter Lee Hill; Erie Insurance Property and Casualty Company; B. Michael Bentley; Encompass Insurance Company of America; State Farm Mutual Automobile Insurance Company; and William Wilson - No. 090441. Petitioner insurer asks this Court to accept its petition upon the certified question from the circuit court and to answer that question in the affirmative. Grant 5- 0, consolidate with 090440
4. State of West Virginia v. Rex D. Swigger - No. 090332. Defendant appeals from his conviction following a jury trial on one count of third or subsequent offense domestic battery. Defendant asserts various errors, including instructional and evidentiary error below. Refuse 5- 0
5. State of West Virginia v. Mark S. DeGennaro - No. 090369. Defendant appeals his convictions following a bench trial on six counts of uttering a worthless check. Defendant challenges whether the circuit court correctly interpreted and applied the facts to the provisions of W.Va. Code § 61-3-39a(b). Refuse 5- 0
6. In Re: The Marriage of Aleta J. Martin and Gary Edward Martin - No. 090344. Petitioner husband appeals from the circuit court’s order affirming the decision of the family court in this divorce proceeding. Petitioner challenges the valuation of the marital portion of the business owned by him at the time of the parties’ marriage; the family court’s valuation and distribution of real and personal property; the family court’s award of attorney’s and expert witness fees in favor of respondent wife; and numerous other errors. Petitioner seeks a reversal of the rulings of both the family and circuit courts. Refuse 5- 0
7. State of West Virginia v. August Moore, Jr. - No. 090345. Defendant appeals from the circuit court’s order denying his motion to suppress. Defendant seeks a reversal of the circuit court’s ruling and a dismissal of his case. Refuse 5- 0
8. State of West Virginia v. Robert Mitchell Murphy - No. 090351. Defendant appeals from his conviction of a misdemeanor offense of domestic battery under W.Va. Code §61-2-28(a) following a de novo bench trial in circuit court. Defendant seeks a reversal of his conviction on the basis that the alleged victim does not fall within any of the categories of family or household members against whom domestic battery can be committed. Refuse 5- 0
9. Jimmy Lee Smith v. Sharon J. Smith - No. 090290. Jimmy Lee Smith appeals the circuit court’s order entered pursuant to cross petitions for appeal from the family court in a divorce case. Mr. Smith asserts procedural error and that the circuit court erred in awarding certain alimony and equitable distribution to Mrs. Smith. Refuse 5- 0
10. State of West Virginia v. Shari Anne Seckman - No. 090355. Shari Anne Seckman appeals the circuit court’s order which affirmed the magistrate court’s order that petitioner had to register as a sexual offender for life. Refuse 5- 0
11. James G. Clay, Michael R. Corbett, and Katherine Hoopengarner v. State of West Virginia Consolidated Public Retirement Board - (Petitioners Clay and Corbett) - No. 090356. Petitioners James Clay and Michael Corbett appeal the circuit court’s order affirming the decision of the Consolidated Public Retirement Board on the issue of loans from each petitioner’s Teachers Retirement System Account. Accept to Motion Docket
12. James G. Clay, Michael R. Corbett, and Katherine Hoopengarner v. State of West Virginia Consolidated Public Retirement Board - (Petitioner Hoopengarner) - No. 090357. Petitioner Katherine Hoopengarner appeals the circuit court’s order affirming the decision of the Consolidated Public Retirement Board on the issue of a loan from petitioner’s Teachers Retirement System Account. Accept to Motion Docket
13. In Re: Clint W. Collins - No. 090358. Clint W. Collins appeals this circuit court’s order affirming the DMV Commissioner’s final order revoking his driver’s license for DUI. Petitioner argues, inter alia, that the arresting officer lacked reasonable grounds to stop petitioner’s vehicle and that the Commissioner’s final order is clearly wrong and an abuse of discretion because it fails to consider petitioner’s argument regarding the legality of a police checkpoint. Refuse 5- 0
14. Betty Ann Lowers, Plaintiff v. Debby Woolever, Defendant/Third-Party Plaintiff v. Russell Lucas, Third-Party Defendant - No. 090425. Defendant Debby Woolever appeals the circuit court’s order which granted plaintiff Betty Ann Lowers’s motion for summary judgment and dismissed Woolever’s counter-claim against Lowers. The court found that Woolever had neither an express easement nor an easement by necessity to cross real property owned by Lowers. Refuse 5- 0
15. State of West Virginia v. Marcus Duane Jerdine - No. 090360. Marcus Duane Jerdine appeals his convictions for one count of burglary, four counts or first degree robbery, and one count of malicious wounding. He asserts that the jury was not instructed on an essential element of robbery, that the prosecutor made improper comments during closing argument, and that his sentence for robbery is unconstitutionally disproportionate. Refuse 5- 0
16. Timothy D. Boggess, Prosecuting Attorney of Mercer County, on behalf of the West Virginia State Police v. Two Thousand, Thirty Dollards and 00/100 in United States Currency (Jesse Allen Cecil) - No. 090371. Jesse Allen Cecil appeals the circuit court’s order granting forfeiture of $2,030 in cash which the State asserted was intended to be used to purchase marijuana. Refuse 5- 0
17. Pine Haven Limited Partnership v. The Honorable Ottie Adkins, Assessor of Cabell County, and the County Commission of Cabell County, The Hamlets Limited Partnership v. The Honorable Ottie Adkins, Assessor of Cabell County, and the County Commission of Cabell County, The Parks Limited Partnership (Parkview LP) v. The Honorable Ottie Adkins, Assessor Cabell County, and The County Commission of Cabell County - No. 090372. The Cabell County Assessor and County Commission appeal the circuit court’s order which reversed the decision of the Commission sitting as a Board of Equalization and Review. Inter alia, the court ruled that, for ad valorem tax purposes, the income method using restricted rents was the correct methodology for valuing rental apartments built pursuant to the Low Income Housing Tax Credit program. Grant 5- 0, consolidate with 34423 and 34424
18. State of West Virginia v. Robert Norwich - No. 090336. Robert Norwich appeals the portion of the court’s sentencing order directing him to pay victim reparation. Refuse 4-1, Benjamin, C. J.
19. Debbie Ullom v. Joseph Cicchrillo, Commissioner, Department of Motor Vehicles - No. 090393. The DMV Commissioner appeals the circuit court’s order which reversed the Commissioner’s revocation of respondent’s driver’s license for six months for DUI. Grant 5- 0
20. Heather Ruckdeschel and Thomas G. Miller, Sr., as co-administrators of the estate of Thomas G. Miller, Jr., deceased v. Falcon Drilling Company, L.L.C., Texas Keystone, Inc. and Halliburton Energy Services, Inc. - No. 090401. Petitioner, Halliburton Energy Services, appeals the lower court’s dismissal of petitioner’s cross-claim through the granting of Texas Keystone’s Motion to Dismiss. The Tyler County Circuit Court found that a contract existed between the parties, but that the claim for indemnification was to be arbitrated. Grant 5- 0
21. Lloyd’s, Inc. v. Charles R. Lloyd - No. 090422. Petitioner, Lloyd’s, Inc., appeals from a February 11, 2009, Order of the Braxton County Circuit Court which denied petitioner’s Motion to Amend its Complaint. Petitioner had brought an action for unjust enrichment and conversion against Charles R. Lloyd. Grant 5- 0
22. Brian M. Powell v. Steven L. Paine, State School Superintendent - No. 090359. Petitioner, Brian M. Powell, appeals from a Kanawha County Circuit Court Order dated September 17, 2008, which denied petitioner’s Motion for Entry of Proposed Order providing for remedies under his West Virginia Code §18A-2-2(c) continuing contract case, as well as reasonable attorney’s fees. The lower court reasoned that the proposed order was beyond the scope of this Court’s remand order in Powell v. Paine I. Accept to Motion Docket
23. State of West Virginia v. Keith R. Jeffers - No. 090426. Petitioner, Keith R. Jeffers, appeals his January 29, 2008, conviction of eight counts, including three counts of Murder in the First Degree Without the Recommendation of Mercy, one count of Attempted Murder in the First Degree, on count of Attempted Murder in the Second Degree, two counts of Malicious Assault, and one count of Burglary, as well as his sentences of three consecutive sentences of life without the possibility of parole. Accept to Motion Docket
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