1. State of West Virginia v. Allen Bruce Canellas, No. 040377 (Filed 2/18/04)

Defendant appeals circuit court order convicting him of attempted second degree sexual assault, denying motion for probation based upon prior convictions and sentencing him to six months in jail.

Refuse 5-0

2. State of West Virginia v. Trudy Ellen Dowler, No. 040389 (Filed 2/20/04)

Defendant, convicted by jury of Possession of a Controlled Substance with Intent to Deliver, appeals circuit court order sentencing her to supervised probation for three years and suspending indeterminate sentence of 1-15 years; she seeks reversal and entry of a judgment of acquittal.

Refuse 5-0

3. State of West Virginia vs. French Scott Linger, No. 040405 (Filed 2/23/04)

Defendant appeals circuit court order denying his motion for reduction of sentence without a hearing, arguing that the court was required to allow him a hearing on the issue.

Refuse 4-1
(Starcher, J.)

4. State of West Virginia v. Steven M. Boise, No. 040456 (Filed 3/2/04)

Defendant appeals circuit court order sentencing him to serve two (2) consecutive one-year terms for one misdemeanor count of sexual abuse in the second degree and one misdemeanor count of domestic battery (first offense), arguing that the circuit court erred in giving him an excessive sentence which was disproportionate to his offense.

Refuse 5-0

5. State of West Virginia v. Troy L. Davis, No. 040482 (Filed 3/8/04)

Defendant, sentenced to indeterminate 1-3 years and fine of $500 for conviction by jury of Attempt to Manufacture a Schedule II Controlled Substance, appeals circuit court order, arguing that his sentence was disproportionate and excessive, based upon insufficient evidence, and because testifying officer was allowed to testify as to other charges in another state to the prejudice of Defendant.

Refuse 5-0

6. State of West Virginia v. Patrick Lemasters, No.040522 (Filed 3/16/04)

Defendant, convicted by guilty plea of Possession of an Incendiary device and Wanton Endangerment with an incendiary device, appeals circuit court order denying motion for reduction of sentence, arguing that the circuit court erred in failing to hold a hearing on the issues raised and arguing that the underlying criminal conviction was void due to unconstitutionally vague charging statute.

Refuse 5-0

7. State of West Virginia v. Joshua David R., No. 040524 (Filed 3/16/04)

Juvenile appeals circuit court order revoking probation and ordering Juvenile to be placed at the WV Industrial Home for Youth.

Refuse 4-0
(McGraw, J., Not Participating)

8. State of West Virginia v. Rodney Steven Miller, No. 040594 (Filed 3/25/04)

Defendant, convicted by jury of conspiracy to commit a felony, appeals circuit court order sentencing him to an indeterminate 1-5 years in prison, arguing that he was unfairly prejudiced at trial by the circuit court’s requirement that he remain leg shackled during the trial.

Refuse 5-0

9. State of West Virginia v. Paul Robinson, No. 040622 (Filed 3/30/04)

Defendant, convicted by guilty plea of sexual assault and sentenced to 45 to 75 years in prison, appeals circuit court order denying his motion to reduce sentence.

Refuse 5-0

10. State of West Virginia v. Donald E. Good, No. 040769 (Filed 5/6/04)

Defendant appeals circuit court order denying his motion for credit for time served.

Deferred

11. State of West Virginia v. James D. Hess, No. 040992 (Filed 6/2/04)

Defendant appeals circuit court order sentencing Defendant to two consecutive 1-5 year terms for Delivery of Controlled Substance convictions (Count I and III) and concurrent jail time of six months for his conviction for Possession of Controlled Substance.

Refuse 5-0

12. State of West Virginia v. Brian Toler, No. 041041 (Filed 6/7/04)

Defendant, convicted by guilty plea of Possession of Child Pornography, appeals circuit court order sentencing him to twp (2) consecutive two (2) year terms in prison, arguing that the statute under which he was convicted was unconstitutionally broad.

Refuse 5-0

13. The Estate of Rheva Mae Forrester, by Her Exc, v. Day Spring, Inc, d/b/a Valley View Nursing Home, No. 032778 (Filed 12/24/03)

Plaintiffs in nursing home negligence case appeal circuit court order granting Rule 12 (b) (6) dismissal, arguing that the circuit court erred in failing to conclude that the action could be maintained outside the Medical Professional Liability Act or in the alternative, that the Plaintiffs had failed to allege a sufficient cause of action under the Act.

Refuse 4-1 as Moot
(McGraw, J.)

14. State of West Virginia v. Eugene Robert Anderson, No. 040303 (Filed 2/11/04)

Petitioner/Defendant appeals his criminal conviction on six counts of the use of minors in filming sexually explicit conduct and sixteen counts of possessing material depicting minors in sexually explicit conduct.

Refuse 5-0

15. State of West Virginia v. Tina Belcastro, No. 040378 (Filed 2/19/04)

Petitioner/Defendant appeals her conviction of child neglect resulting in serious bodily injury arguing that the charge of child neglect resulting in serious bodily injury is unconstitutionally vague as applied to the facts herein.

Refuse 5-0

16. SER Charles L. Mitter v. George Trent, Warden of Mount Olive Correctional Complex, No. 040236 (Filed 1/29/04)

Petitioner/Inmate appeals denial of petition for writ of habeas corpus filed in the Circuit Court of Preston County.

Refuse 5-0

17. William J. B. Jacobs, et al. v. Elk Run Coal Company, et al., No. 040390 (Filed 2/20/04)

Petitioners/Plaintiffs appeal order of circuit court granting summary judgment to CSX in a nuisance claim. Petitioners/Plaintiffs argue that the court erred in finding that the common law nuisance cause of action was preempted under the doctrine of conflict preemption since to allow the cause of action would frustrate Congress’s intent to occupy the field of rail transportation under the Interstate Commerce Commission Termination Act.

Refuse 3-2
(Starcher, J., McGraw, J.)

18. SER Leroy P. Mower v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 040396 (Filed 2/18/04)

Petitioner/Inmate seeks issuance of writ of habeas corpus arguing that he suffered ineffective assistance of counsel at trial.

Refuse 5-0

19. SER Jimmie M. Williams, et. al. v. William S. Haines, Warden of Huttonsville Correctional Center, No. 040476 (Filed 2/26/04)

Petitioners/Inmates seek issuance of writ of habeas corpus, alleging violation of their religious rights.

Refuse 5-0

20. SER Michael Newell v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 040442 (Filed 2/27/04)

Petitioner/Inmate seeks issuance of writ of habeas corpus.

Refuse 5-0

21. SER David Williams v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 040495 (Filed 3/15/04)

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging that his indictment was invalid; the State’s jury instructions were erroneous; the jury was not properly instructed to not read newspapers; Petitioner/Inmate suffered ineffective assistance of counsel; and the court erred in imposing consecutive sentences.

Refuse 5-0