Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, June 3, 2009
1. State of WV v. Thomas Lynn Bowman - 090275 - Thomas Bowman appeals his conviction for 7 counts of Sexual Assault in the First Degree; 7 counts of Sexual Assault in the Second Degree, 14 counts of Sexual Abuse by a Parent, Guardian or Custodian; 14 counts of Incest; and 1count of Using Obscene Matter to Seduce a Minor. He asserts that the circuit court erred by excluding certain evidence, admitting 404(b) evidence, not giving a missing witness instruction, and imposing a sentence that violates his right against Double Jeopardy. Refuse 3-2 (Benjamin, Ketchum)
2. Laurel Mountain Preservation Association, Inc. v. Public Service Commission of WV - 090600 - Intervenor below appeals Public Service Commission orders granting siting certificate to build an electric wholesale generating facility and associated interconnection facilities in Barbour and Randolph Counties and denying Intervenor's motion for reconsideration of the granting order. Refuse 5-0
3. State of WV v. Nathan Long - 090149 - Defendant appeals from his convictions following a jury trial on three counts of first degree sexual assault and six counts of sexual abuse by a custodian. Defendant raises evidentiary and procedural error below, in addition to challenging the sufficiency of the evidence. Refuse 5-0
4. James G. Clay and Michael R. Corbett v. WV Consolidated Public Retirement Board - 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. Grant 5-0
5. Katherine L. Hoopengarner v. WV Consolidated Public Retirement Board - 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. Grant 5-0
6. Brian M. Powell v. Steven L. Paine, State Superintendent of Schools - 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. Grant 5-0
7. State of WV v. Keith R. Jeffers - 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. Refuse 3-2 (Benjamin, Ketchum)
8. State of WV v. Frank L. Ferguson - 090564 - Petitioner Frank L. Ferguson appeals from a February 19, 2009, Order sentencing him to the Recidivist Life Sentence following his conviction for the recidivism-triggering offenses of First Degree Arson and Conspiracy to Commit Arson, and the conviction by a Kanawha County Jury of having twice previously been convicted of a felony. Refuse 4-1 (Ketchum)
9. State of WV v. James Louis DeGasperin - 090523 - James Louis DeGasperin appeals his conviction for three counts of murder in the second degree and two counts of concealment of deceased human remains. He asserts several trial errors including that the court erroneously excluded expert testimony and evidence about a victim's past acts, that evidence found on his property and his statements should have been excluded because of a warrantless search, that W.Va. Code § 61-2-30 is unconstitutional, that he was subjected to double jeopardy, that he was denied a fair trial due to testimony by a police officer and photographs, that the court should have given a lost evidence adverse inference instruction, and insufficiency of the evidence. Refuse 5-0
10. Barbara K. Mott v.. Kenny Kirby and Frank P. Kirby, Jr. - 090436 - Defendants appeal from the circuit court's order entered in favor of plaintiff in this action to partition real estate following a bench trial. Defendants assert that the circuit court committed clear legal error and abused its discretion in the entry of its final order. Grant 5-0
11. State of WV v. Andrew Alvarez - 090519 - Petitioner Andrew Alvarez appeals the sentence he received upon pleading guilty to robbery in the first degree and wanton endangerment, both felonies. He was sentenced consecutively for a total of 20 years, but argues that this is unfairly disproportionate to the lighter sentences imposed upon his co-defendants. Refuse 5-0
12. State of WV v. Thomas E. Leftwich - 090552 - Petitioner Thomas E. Leftwich was sentenced to life imprisonment without the possibility of parole for first degree murder and a consecutive term of not less than one nor more than five years for conspiracy to commit a felony. Refuse 5-0
Home | Opinions
| Site Map | Law
Library | Rules | Staff | Site
Search | Terms of Use