1. State of West Virginia v. Russell Collins, No. 030856

Defendant indicted on sexual abuse charges appeals circuit court order following evidentiary hearing which held that he was a danger to children and confining him to a mental health facility, arguing that the circuit court erred in finding that he was a danger to children, erred in failing to suppress the statement of the victim and erred in failing to order the State to provide the Defendant with prior statements of the child victim to her physician.

2. State of West Virginia v. Danny L. Evans, No. 031021

Defendant convicted by jury of third domestic battery charges appeals circuit court order denying his motion for new trial which was based upon assertion that juror when polled demonstrated hearing problem which cast doubt upon unanimity of the verdict of guilty.

3. State of West Virginia v. Anita M. Harris, No. 031142

Defendant appeals circuit court order sentencing her to one to ten years in prison for jury conviction of three offense shoplifting and ordering that the sentence run consecutive to any future sentences from other jurisdictions, arguing that the circuit court lacked authority to issue a prospective consecutive sentence and lacked authority to order payment of fines to the State in the amount of the costs to extradite her from Alaska.

4. SER William H. Cecil, III, v. Thomas McBride, Warden, No. 030550

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging ineffective assistance of counsel and denial of due process.

5. SER Junior E. Ridenour v. Parole Board, No. 030669

Petitioner/Inmate seeks issuance of writ of habeas corpus against the Parole Board, arguing that the Board acted improperly in denying parole.

Defendant, convicted by guilty plea of five counts of uttering and forgery and sentenced to five to fifty years in prison, seeks issuance of a writ of habeas corpus, arguing ineffective assistance of counsel and involuntariness of guilty plea due to Defendant’s lack of knowledge and education and mental illness.

7. SER Kenny D. Sayre v. Thomas McBride, Warden, Mt. Olive, No. 030668

Prisoner sentenced to life imprisonment as a recidivist, seeks issuance of writ of habeas corpus challenging his life sentence on grounds of ineffective assistance of trial counsel based upon alleged admission of guilt of prisoner during closing statements in his 1997 trial for kidnaping and burglary and prosecutorial misconduct in withholding information about the ownership of a knife allegedly used in the crime in question.

8. SER Kenny D. Sayre v. Thomas McBride, Warden, Mt. Olive, No. 030944

Prisoner sentenced to life imprisonment as a recidivist, seeks issuance of writ of habeas corpus challenging his life sentence on grounds of ineffective assistance of trial counsel based upon failure to object to a jury instruction dealing burglary given during his 1997 trial for kidnaping and burglary.

9. SER Carl Terry v. William Haines, Warden, Huttonsville, No. 030733

Defendant, convicted by guilty plea of first degree robbery and sentenced to twenty years in prison, seeks issuance of a writ of habeas corpus to reduce his sentence as disproportionate.

10. SER Charles F. Prunty, Jr. v. Tom McBride, Warden, Mt. Olive, No. 030779

Defendant, convicted by jury of two counts of sexual assault in the first degree, six counts of sexual abuse by a custodian, five counts of sexual assault in the third degree, and one count of sexual abuse by a parent and sentenced to 15-35 years to run concurrently with eleven other guilty counts, and then to serve consecutive to these sentences, a 15-35 for Count 19, served concurrently with a 5-15 for Count Twenty, seeks issuance of a writ of habeas corpus alleging ineffective assistance of counsel based upon allegation that appeal counsel lacked complete transcripts to prepare appeal.

11. SER Harry E. Walkup, Jr. v. William Haines, Warden, Huttonsville, No. 030833

Defendant, convicted of arson and related offenses, seeks issuance of a writ of habeas corpus releasing him from incarceration due to the length of time that his habeas corpus action has been pending in the circuit court.

12. SER Danette (Burnette) Pauley v. Dale Humphreys, Warden, Lakin, No. 031133

Defendant, sentenced to life without mercy based upon guilty plea to first degree murder, seeks issuance of a writ of habeas corpus, arguing that she received ineffective assistance of counsel and lack of due process because she was not advised of her right to appeal her sentence.

13. SER Robert Eugene Dailey v. Evelyn Seifert, Warden, No. 030907

Defendant, convicted by jury of two counts of second degree sexual assault and sentenced to serve two concurrent terms of 10-25 years, seeks issuance of a writ of habeas corpus, arguing ineffective assistance of counsel, prosecutorial misconduct and that he should receive a reduction of his current sentence due to his efforts toward rehabilitation while incarcerated for the last four years.

14. SER Steven Dixon v. William Bowman, Admin., No. 030939

Defendant, sentenced to 1-10 years and 1-5 years for fraudulent use of telephone and taking of another’s identity, seeks issuance of a writ of habeas corpus, arguing that he did not receive proper credit for good time.

15. SER Blain Salmons Jr. v. William Haines, Warden (Huttonsville), No. 030374

Defendant seeks issuance of a writ of habeas corpus reducing his life with mercy and thirty year consecutive sentence based upon conviction for aggravated robbery and kidnaping.

16. SER Tammy Stover Andis v. Dale Humphreys, Warden, Lakin, No. 030930

Defendant, convicted by guilty plea of one count of conspiracy to commit a felony, one count of forgery and one count of uttering and sentenced to serve one 1-5 and two 1-10 year terms concurrently, seeks issuance of a writ of habeas corpus, alleging ineffective assistance of counsel and double jeopardy violations.

17. SER Richard A. Melton v. Evelyn Seifert, Warden, Northern Regional, No. 030913

Defendant, convicted of crimes in multiple counties, seeks issuance of a writ of habeas corpus alleging that the warden and parole board are improperly preventing him from receiving timely parole consideration due to misinterpretation of sentencing orders as requiring consecutive rather than concurrent sentences.

18. SER David Walker v. Timothy Bowen, Warden, No. 031032

Defendant, convicted by guilty plea of one count of Delivery of Cocaine within one thousand feet of a school and sentenced to 1-15 years with a three year ineligibility for parole and convicted by guilty plea of driving while license revoked for third offense DUI and sentenced to 1-3 years to run consecutively with the sentence for Delivery of Cocaine conviction, seeks issuance of a writ of habeas corpus, alleging involuntary guilty plea due to prosecutor’s threats of recidivist charges if he did not plead guilty.

19. SER Robert Green v. Mark Williamson, Warden, Denmar, No. 031038

Defendant convicted by guilty plea of one count of Delivery of a Controlled substance and sentenced to 1-15 years in prison seeks issuance of a writ of habeas corpus against warden, arguing that Parole Board erred in denying parole when he has no write-ups and has completed available rehab programs.

20. SER Stephen R. Blankenship v. William L. Frederick, Warden/South Central Regional, No. 031019

Defendant, incarcerated due to revocation of parole due to drug use, seeks issuance of a writ of habeas corpus, asserting that his parole was improperly revoked due to improprieties by his current parole officer in securing false positive drug testing results, due to involuntary admissions that he had positive drug tests when he was not mentally competent due to the effects of prescription medication, and due to bias by the hearing officer who previously acted as a substitute parole officer in a prior case involving Defendant.

21. SER Shanan Blankenship v. Thomas B. Scott, Southwestern Regional, No. 031023

Defendant, convicted by guilty plea of assault during the commission of a felony and attempted second degree sexual assault, seeks issuance of a writ of habeas corpus, alleging violation of double jeopardy.

22. SER Jeffery Blizzard v. William Fox, Warden, No. 031075

Defendant convicted by guilty pleas of third offense DUI and driving on license suspended for DUI seeks issuance of a writ of habeas corpus to reduce his consecutive sentences of 1-3 years to be served concurrently rather than consecutively and to order alternative sentencing such as home confinement.

23. SER James E. Sigley v. Thomas McBride, Warden, Mt. Olive No. 031095

Petitioner files a petition for writ of habeas corpus seeking evidentiary hearing, and appointment of counsel.

24. SER James Allen Smith v. James Huppenthal, Admin., No. 031146

Defendant convicted of first degree murder by jury and sentenced to life with mercy seeks issuance of a writ of habeas corpus to allow him to pursue an appeal of his criminal conviction.

25. SER Michael P. Conn, Sr. v. William M. Fox, Warden, No. 031296

Criminal defendant, sentenced to 1-15 years for delivery of crack cocaine and a concurrent 1-5 for conspiracy, and in another case, a consecutive 1-3 years for attempt to commit a felony, seeks issuance of a writ of habeas corpus, arguing involuntary guilty plea to the attempt charge and ineffective assistance of counsel relating to that plea.

26. SER Robert Shrout v. Evelyn Seifert, Warden, No. 031289

Defendant, sentenced to life with mercy for murder conviction, seeks issuance of a writ of habeas corpus to allow him to have another omnibus hearing in order to raise issues involving Fred Zain.

27. SER Peggy Ann Davis v. Dale Humphreys, Warden, Lakin, No. 031361

Prisoner seeks issuance of a writ of habeas corpus, alleging ineffective assistance of counsel, and issuance of a writ of mandamus for production of unspecified records and transcripts.

28. SER Robert Barbour v. Evelyn Seifert, Warden, Northern Regional, No. 031481

Prisoner seeks issuance of a writ of habeas corpus arguing that he is not receiving proper mental health care in the regional jail facility where he is incarcerated and requesting transfer to Mt. Olive Correctional Complex.

29. SER David Bruce Adkins v. Tom B. Scott, Admin., No. 031494

Defendant seeks issuance of a writ of habeas corpus in order to obtain mental health counseling and treatment.

30. SER David Todd Carder v. Timothy Bowen, Admin., Northern Regional Jail, No. 031482

Defendant seeks issuance of a writ of habeas corpus, arguing that his constitutional rights were violated because the prosecutor was alleged to have had a romantic relationship with the arresting officer in his case at the time of his prosecution.

31. SER Brett McClaskie v. Thomas McBride, Warden, Mt. Olive, No. 031512

Prisoner seeks issuance of a writ of habeas corpus and appointment of counsel based upon allegations of improper conduct by prison officer dealing with write-up for assault of that officer.

32. SER Jesse Norman v. Hon. Lee Schlaegel, No. 020415

Petitioner seeks issuance of mandamus against circuit court, seeking rulings on previously filed petition for mandamus for court file documents and transcripts and petition for writ of habeas corpus in regard to his underlying conviction.

33. SER Gregory W. Fritzman v. Marshall County Circuit Court, No. 030883

Defendant convicted by guilty plea of multiple sexual offenses seeks issuance of a writ of mandamus against circuit court to obtain ruling on motion for appointment of counsel in underlying habeas corpus action and for conduct of omnibus hearing.

34. SER John C. Bayles v. Thomas McBride, Warden, Mt. Olive, No. 030905

Prisoner serving life without mercy seeks issuance of a writ of mandamus against warden to prevent sharing cell with another inmate.

35. SER Oscar Finley v. Cabell County Circuit Court, No. 030974

Prisoner seeks issuance of a writ of mandamus against circuit court to require ruling in underlying habeas corpus petition.

36. SER Charles F. Prunty, Jr. v. Wood Cty. Circuit Court, No. 031139

Defendant, convicted by jury of two counts of sexual assault in the first degree, six counts of sexual abuse by a custodian, five counts of sexual assault in the third degree, and one count of sexual abuse by a parent and sentenced to 15-35 years to run concurrently with eleven other guilty counts, and then to serve consecutive to these sentences, a 15-35 for Count 19, served concurrently with a 5-15 for Count Twenty, seeks issuance of a writ of mandamus to require production of complete transcripts to prepare renewed petition for appeal.

37. SER Daniel Franklin Slonaker v. Pleasants County Circuit Court, No. 031101

Defendant seeks issuance of a writ of mandamus against circuit court to obtain action on his underlying habeas challenging denial of parole.

38. SER Troy Goodman v. Logan County Circuit Court, No. 031477

Defendant seeks issuance of a writ of mandamus in underlying habeas corpus action to require circuit court to conduct an additional hearing necessary to allow Defendant to introduce proof on all the issues raised in the underlying action and to rule on habeas petition.

39. In the Matter of: Kristopher, Kayla, Natasha, & Bret W. , No. 031229

Father appeals circuit court order requiring payment of child support by father to care giver of children following termination of father’s parental rights to children, arguing that the circuit court had no jurisdiction to order payment of child support following termination.

40. State of West Virginia v. Dale Allen Collins, No. 030580

Petitioner/Defendant appeals the denial of his Motions for Probation and Reduction of Sentence following his Alford plea to sexual abuse by a parent or guardian.

41. State of West Virginia v. Steve Meadows, No. 030587

Petitioner/Defendant appeals the denial of his Motions for Reduction of Sentence.

42. State of West Virginia v. Donald Estepp, No. 030588

Petitioner/Defendant appeals the entry of his guilty plea to first degree robbery, arguing that he did not enter his guilty plea freely, deliberately, and intelligently; that he received ineffective assistance of trial counsel; and that the court lacked jurisdiction to accept the plea given that Petitioner/Defendant had ineffective assistance of counsel.

43. State of West Virginia v. James D. Daniels, No. 030640

Petitioner/Defendant appeals the denial of his motion to dismiss an indictment charging him with third offense driving under the influence.

44. State of West Virginia v. Franklin L. Sutherland, No. 030645

Petitioner/Defendant appeals the sentence imposed upon him following his guilty plea to charges of fleeing with DUI and battery upon a police officer.

45. State of West Virginia v. Ronald F. Bocook, No. 030701

Petitioner/Defendant appeals finding of Circuit Court of Kanawha County that Petitioner/Defendant was unfit to continue at Anthony Center.

46. Pernell A. Deck v. Michael Coleman, Warden, No. 030764

Petitioner/Inmate appeals Order of Circuit Court of Harrison County denying his petition for writ of habeas corpus as filed in Harrison County.

47. Lindsie D. Lamma v. Richard W. Self, No. 030962

Petitioner appeals dismissal of her Petition or Motion for Visitation and moves this Court to expedite its review of the petition for appeal.

48. SER James Kenneth White v. William Frederick, Administrator, No. 030559

Petitioner/Inmate seeks issuance of writ of habeas corpus under this Court’s original jurisdiction alleging that his conviction was obtained by an unlawfully induced guilty plea, that he was denied effective assistance of counsel, that the trial court abused its discretion in failing to appoint counsel for a probation violation, and failure of the prison to credit him for time served.

49. SER Joe G. Black, IV v. Thomas McBride, Warden, No. 030490

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that the trial court failed in denying Petitioner/Inmate’s Motion to Vacate or Correct Illegal Sentence, that he suffered ineffective assistance of counsel, and that the prosecutor engaged in misconduct.

50. SER Eva Jewell Nicholas v. Jim Ielapi, Warden, No. 030804

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging ineffective assistance of counsel and denial of right of appeal.

51. SER Randy Cooper v. Thomas McBride, Warden, No. 030807

Petitioner/Inmate seeks a writ of habeas corpus alleging deliberate indifference, wrongful segregation from the rest of the prison population, and wrongful detention for crimes which he did not commit.

52. SER Jamal A. Azeez v. William Haines, Warden, No. 030795

Petitioner/Inmate seeks issuance of a writ of habeas corpus alleging that the Parole Board acted in an arbitrary and capricious manner and infringed upon Petitioner/Inmate’s rights under state-created liberty interests in denying Petitioner/Inmate’s bid for parole.

Refuse 4-1
(Albright, J.)

53. SER Charles Leonard v. Evelyn Seifert, No. 030754

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging that the Parole Board has wrongfully deprived him of his rights by refusing to release Petitioner/Inmate on parole.

54. SER Donald C. Stout v. Robert Holland, Judge, No. 030608

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Doddridge County to take action in Petitioner/Inmate’s petition for writ of habeas corpus, which was filed below in March of 1999.

55. SER Rodney A. Stover v. Kanawha County Circuit Court, No. 030626

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Kanawha County to take action in a habeas corpus proceeding now before the court.

56. SER James M. Casto v. Thomas McBride, Warden, No. 030670

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Warden of the Mount Olive Correctional Center to house him alone in a single-bunk cell.

57. SER Sanders E. Brown, Jr. v. Thomas McBride, Warden, No. 030734

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Warden of the Mount Olive Correctional Center to alleviate overcrowding.

58. SER Larry E. James, Jr. v. Fayette County Circuit Court, No. 030802

Petitioner/Inmate seeks issuance of writ of mandamus to compel the Circuit Court of Fayette County to modify its order denying habeas corpus relief to include findings of fact and conclusions of law.

59. SER Henry D. Burton v. Thomas McBride, Warden, No. 030635

Petitioner/Inmate seeks issuance of writ of prohibition prohibiting the Warden of the Mount Olive Correctional Center from filing or enforcing any detainer from the Commonwealth of Virginia.

60. In the Matter of: Charity H., Courtney H., and Victoria H. No. 031534

Petitioner/Mother appeals the court’s denial of her motions for improvement periods and subsequent termination of her parental rights.

61. SER Robert M. Barker v. William Haines, Warden, No. 031031

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that he is being denied proper medical care.

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