STATE v. JAMES LEE BROOKS, III, No. 33662 (ALBRIGHT, J.)(Starcher, J., concurring in part and dissenting in part)(May 23, 2008). Affirming jury convictions arising from the Circuit Court on Monongalia for the offenses of conspiracy to commit first-degree robbery, malicious

GARY ALLEN GIBSON v. McBRIDE, No. 33321 (Per Curiam)(Benjamin, J., dissenting)(June 12, 2008). Affirming an order of the Circuit Court of Cabell County that granted habeas corpus relief and set aside a conviction for conspiracy to commit a murder that

STATE EX REL. RONALD W. HOLCOMB v. SADLER, No. 33669 (Per Curiam)(February 15, 2008). Denying a writ of prohibition sought to prevent enforcement of an order of the Circuit Court of Mercer County that would permit DNA testing of fingernail

STATE v. HAROLD LEE CYRUS, No. 33453 (Per Curiam)(February 20, 2008). Affirming an order of the Circuit Court of Mercer County imposing sentence on two counts of sexual abuse by a custodian and two counts of incest. Holding that the

STATE v. OWEN HAWK, III, No. 33435 (Per Curiam)(April 7, 2008). Affirming conviction for the offense of fleeing from an officer while under the influence of alcohol, obtained following jury trial in the Circuit Court of Roane County. Holding that

STATE EX REL. NATIONWIDE MUTUAL INS. CO., et al. v. KAUFMAN, et al., No. 33652 (DAVIS, J.)(JANUARY 25, 2008). Denying a writ of prohibition sought to prevent enforcement of an order of the Circuit Court of Kanawha County that required

MAY v. BOARD OF REVIEW, WEST VIRGINIA BUREAU OF EMPLOYMENT PROGRAMS, et al., No. 33703 (Per Curiam)(Maynard, C.J., disqualified)(June 17, 2008). Reversing an order of the Circuit Court of Kanawha County that affirmed an administrative decision denying unemployment compensation. Holding

STATE EX REL. TUCKER COUNTY SOLID WASTE AUTHORITY v. WEST VIRGINIA DIVISION OF LABOR, et al., No. 33809 (DAVIS, J.)(Starcher, J., and Albright, J., dissenting)(June 26, 2008). Granting a writ of prohibition to prevent the Department of Labor from continuing

MESSER v. HANNAH, No. 33655 (BENJAMIN, J.)(Starcher, J., and Albright, J., dissenting)(June 26, 2008). Reversing an order of the Circuit Court of Mingo County that affirmed a decision by the Mingo County Civil Service Commission for Deputy Sheriffs that reinstated

STATE v. DREU FERGUSON, JR., No. 33530 (Per Curiam)(February 28, 2008). Reversing an order of the Circuit Court of Mason County that denied a motion for new trial following a jury conviction for voluntary manslaughter. Holding that the circuit court

STATE v. JOHN LOWERY, No. 33660 (Per Curiam)(May 27, 2008). Affirming jury convictions arising from the Circuit Court of Kanawha County on two felony counts of sexual assault in the third degree and two misdemeanor counts of sexual abuse in

DODD, et al. v. POTOMAC RIVERSIDE FARM, INC., et al., No. 33501 (Per Curiam)(June 13, 2008). Granting mixed relief from orders of the Circuit Court of Berkeley County in a minority shareholder dissent action. Holding that the circuit court did

CAPERTON, et al. v. A.T. MASSEY COAL CO., et al., No. 33350 (DAVIS, J.)(Maynard, C.J., disqualified)(Starcher, J., disqualified)(Judge Donald Cookman and Judge Fred Fox sitting by temporary assignment)(Albright, J., and Judge Cookman dissenting)(Benjamin, A.C.J., and Judge Fox concurring)(April 3, 2008).

HOOVER v. MORAN, No. 33460 (Per Curiam)(March 14, 2008). Granting mixed relief from an order of the Circuit Court of Kanawha County that dismissed an action that sought recovery on an unwritten promise to pay a percentage of profits from

STATE v. JOSHUA LEE SLATER, No. 33659 (MAYNARD, C.J.)(Starcher, J., dissenting)(Benjamin, J., concurring)(June 9, 2008). Affirming jury convictions arising from the Circuit Court of Kanawha County for the offenses of kidnaping, domestic battery, wanton endangerment and daytime burglary by breaking

STATE v. WANDA CARNEY and BETTY JARVIS, No. 33522 (Per Curiam)(April 25, 2008). Reversing convictions for one count each of obstructing a police officer and conspiracy to obstruct a police officer. Because the conduct was effected without force, reiterating that

STATE v. JOSHUA C. WEARS, No. 33529 (Per Curiam)(June 26, 2008). Affirming a conditional guilty plea arising from the Circuit Court of Putnam County for one count of Third Degree Sexual Assault. Holding that the circuit court properly excluded certain

STATE v. DAVID GABRIEL STAMM, No. 33505 (DAVIS, J.)(May 23, 2008). Reversing a conviction arising from the Circuit Court of Harrison County, for the felony offense of failure to meet an obligation to provide support to a minor under W.

STATE v. MINDY KEESECKER, No. 33377 (Per Curiam)(Maynard, C.J., dissenting)(April 25, 2008). Reversing a jury conviction arising from the Circuit Court of Mercer County for six counts of sexual assault in the third degree. Holding that during closing argument the

WATSON v. SUNSET ADDITION PROPERTY OWNERS ASSOCIATION, INC., et al., No. 33338 (STARCHER, J.)(MAYNARD, C.J., disqualified)(Judge James Matish, by temporary assignment)(March 19, 2008). Reversing an order of the Circuit Court of Logan County that held a property owner's association in