February 3, 2009 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Tuesday, February 3, 2009

Justice Albright did not participate in the consideration or decision of the cases on this docket.
Senior Status Justice McHugh sitting by temporary assignment.

1. Brenda Dianne Ware v. David Gary Ware - 081539 - David Gary Ware appeals the circuit court's orders on issues of equitable distribution and the effect of an ante-nuptial agreement. Grant 5-0

2. State of West Virginia v. Wade Painter - 081400 - Wade Painter appeals his conviction for two counts first degree murder, daytime burglary, grand larceny, daytime burglary by breaking and entering, petit larceny, and possession of a stolen vehicle. His sentence includes two terms of life without mercy. He asserts that the circuit court erroneously failed to suppress items seized during a search and his statement to police, and insufficient evidence to support his conviction. Refuse 5-0

3. State of West Virginia v. Ronnie Rush - 081812 - Defendant appeals following his convictions on two counts of manslaughter, one count of first degree robbery, one count of burglary, and one count of conspiracy to commit burglary. Defendant challenges the circuit court's denial of his motions for a mistrial. Defendant seeks a reversal of his convictions or, in the alternative, a remand for a new trial. Grant 3-2 (Workman, Ketchum)

4. State of West Virginia v. Tracy John Craft - 081948 - Petitioner Tracy John Craft was convicted by a jury of First Degree Murder. The Petitioner requests to have his conviction reversed and the case remanded for a new trial. Refuse 5-0

5. State of West Virginia v. Justin Black - 082066 - Justin Keith Black appeals his conviction for second degree murder. He alleges multiple trial errors, including the failure to suppress his statement to police, the exclusion of expert and other testimony, the denial of a motion to change venue, the failure to disclose exculpatory evidence and the specific time of the offense, and improper comment by the prosecutor. Grant 3-2 (Davis, Workman)

6. State of West Virginia v. Michael Day - 082001 - Defendant appeals and seeks a reversal of his first degree murder without mercy and conspiracy convictions. Defendant asserts that the cumulative effect of trial error, as reflected in his motion for a new trial, and other plain error, all denied him the right to a full and fair trial. Defendant seeks the opportunity for a new trial. - Oral Presentation Waived. - Grant 5-0