June 17, 2009
1. Dewey Taylor v. Commissioner of Motor Vehicles - No. 090696. Petitioner appeals from the circuit court’s order affirming the decision of the Department of Motor Vehicles suspending petitioner’s license for fraudulent use of the same. Petitioner asserts that the administrative decision to revoke his driving privilege for 90 days must be reversed. Petitioner also asks the Court to take evidence on the amount of damages that he should receive. Refuse 5- 0
2. State of West Virginia v. Paul E. Jackson - No. 090703. Defendant appeals his convictions on two counts of sexual abuse by a parent, guardian or custodian and two counts of first degree sexual abuse. Defendant raises issues related to the Confrontation Clause, Rule 404(b) evidence, and the grand jury’s indictment. Accept to Motion Docket
3. Ronald D. Cobb and Deborah Herrald Cobb v. Thomas S. Daugherty and Christine A. Daugherty (f/k/a Christine Klapproth) - No. 090706. Defendants appeal from an adverse jury verdict in this case involving an easement claimed by plaintiffs over the property of defendants. The jury found against plaintiffs on the issue of easement by equitable estoppel, but found in favor of plaintiffs on the theory of implied easement. Defendants seek a reversal and the award of a new trial or a verdict in their favor as a matter of law. Grant 5- 0
4. Michael G. Cipolat and Thomas J. Terrell v. Wayne Griffith, in his capacity as acting CEO of St. Luke’s Hospital and St. Luke’s Hospital, Inc., and/or St. Luke’s Princeton, LLC, d/b/a St. Luke’s Hospital and Frank J. Sinicrop, Jr., in his capacity as an officer of Princeton Community Hospital Foundation, Inc. and in his capacity as an officer of Princeton Community Hospital Association, Inc. - No. 090732. Plaintiffs appeal from the circuit court’s order granting defendants’ motion to compel arbitration of plaintiffs’ dispute with their former employer pursuant to the employment contract between the parties. Refuse 5- 0
5. Debbie J. Coleman, d/b/a D&B Resources v. Columbia Gas Transmission Corporation, a Delaware Corporation - No. 090747. Defendant appeals from the circuit court’s order awarding summary judgment in favor of plaintiff on Counts 1, 3 and 4 of the Complaint and the finding that plaintiff was entitled to specific performance regarding a contract with defendant for the purchase of certain property. Defendant seeks a reversal of the circuit court’s judgment. Grant 5- 0
6. Eric R. Cain v. The West Virginia Division of Motor Vehicles, and Joseph Cicchirillo - No. 090642. The DMV Commissioner appeals the circuit court’s order which reversed the Commissioner’s Final Order Revoking respondent’s driver’s license. The DMV argues that the court erred in finding that the arresting officer lacked a reasonable suspicion that a crime had been committed, that the exclusionary rule should not apply to DMV cases, and that the court erred in finding that there had been an improper shifting of the burden of proof. Grant 5- 0
7. Pamela McBride Jordan v. Manfred Holland, Denny Dodson, Todd Lane, and Division of Juvenile Services of the Wet Virginia Department of Military Affairs and Public Safety - No. 090708. Plaintiff Pamela McBride Jordan appeals the circuit court’s order granting a defense motion to dismiss her lawsuit with prejudice. The court found that the suit was filed beyond the statute of limitations. Refuse 5- 0
8. Charles Rote v. The Board of Education of the County of Wood - No. 090723. Petitioner Charles Rote appeals the circuit court’s order which affirmed the grievance board’s decision denying petitioner’s public employee grievance. Petitioner argues that he is entitled to the classification title of Technician I and that the Respondent Wood County Board of Education should have posted a position for Mechanic/Technician I. Refuse 4- 0 (Workman not participating)
9. Eujeana G. Scott v. William R. Scott - No. 090738. Petitioner Eujeana G. Scott appeals the circuit court’s order refusing a petition for appeal of the family court’s "Order Adjudging Petitioner in Civil Contempt and Providing Opportunity to Purge." Refuse 5- 0
10. Dixie Lilly v. Trevor Lee Peaytt - No. 090753. Petitioner Trevor Lee Peaytt appeals the circuit court’s order affirming the family court’s order in a grandparent visitation case. He argues, inter alia, that the visitation should not be on a fixed schedule but instead should be within his choice of timing and duration, that the lower courts failed to afford special weight to his preferences as the parent, and that the family court relied on erroneous factual findings. Refuse 5- 0
11. State of West Virginia v. Raymond Elswick - No. 090754. Petitioner Raymond Elswick appeals his conviction for one count of voluntary manslaughter, a lesser included offense, and one count of conspiracy. He asserts multiple errors including that the prosecutor failed to timely disclose discoverable evidence, violation of his right to a speedy trial, and a double jeopardy violation. Grant 5- 0
12. In RE: Election of May 13, 2008 for the City of Mount Hope, West Virginia - No. 082096. Petitioner George F. Smith, an unsuccessful candidate for the office of Mayor of Mt. Hope, filed an Amended Petition for a Writ of Certiorari to contest and nullify the election of May 13, 2008. The Fayette County Circuit Court, after a hearing, held that the Petitioner failed to properly and timely request relief within the provisions of West Virginia Code §3-1-45. As a result of the delay in filing, the Circuit Court dismissed the case because it was found that neither the City Council nor the Circuit Court have jurisdiction over the matter. Refuse 5- 0
13. Frances A. Mascaro v. David Lechiara - Nos. 090601 & 090848. In a partition action, David J. Lechiara appeals the circuit court’s order directing that certain property be sold. He also appeals the circuit court’s adverse summary judgment order on his counterclaim concerning the alleged disposal of personal property. Refuse 5- 0
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