| 1. |
Michelle Marinacci MOOT |
Petition for Writ of Mandamus in SER Candace Norman v. Pam Rusden, Court Reporter. Petitioner seeks trial transcript. Appellate transcript request and check for costs was submitted to Ms. Rusden on or about July 13, 1999. A sixty day extension of time for filing a petition for appeal had to be granted on December 20, 1999. |
| 2. |
Michael G. Sullivan No. 993401 Refuse 5-0 |
Petitioners' Motion to Exceed 75 Page Limit for Exhibit Appendix to Petition For a Writ of Mandamus in SER Jane Doe v. Honorable H. L. Kirkpatrick, Judge, No. 993401. Exhibit is 109 pages. |
| 3. |
Michael G. Sullivan No. 993401 Refuse 5-0 |
Petition for a Writ of Mandamus in Jane Doe v. Honorable H. L. Kirkpatrick, Judge, No. 993401. The Petitioner asserts that the lower court has abused its discretion in failing to compel the defendants to provide disclosure of net worth. It is also asserted that the lower court abused its discretion in not allowing the depositions of three individuals. The underlying civil action involves issues of long-standing sexual abuse of children by their father who pled guilty to 37 counts of sexual abuse. It is asserted that the father was a member of the Church of Jesus Christ of Latter-day Saints and an employee of Raleigh General Hospital, the defendants below. It is contended that the two entities knew of the sexual abuse and failed to report it. Trial is set for April 11, 2000. As to financial disclosures, the respondents maintain that (1) there is no evidence of conduct to support a claim for punitives; (2) the lower count's approach is reasonable, within sound discretion and consistent; (3) the entities from which disclosure is sought have no connection to the case; and (4) other alleged incidents are grossly misplaced. As to discovery, it is argued that the deadline has passed and the lower court has permitted extensive discovery. |
| 4. |
James Matish No. 993398 Refuse 5-0 |
Petition for a Writ of Prohibition in SER Christopher Robin Marks v. Tammy Marple, Magistrate, No. 993398. Petitioner seeks to prohibit Magistrate from denying a motion to dismiss based upon the failure to afford a speedy trial under the one year rule. Petitioner was arrested and arraigned on charges of DUI, 2nd offense and failure to give fingerprints on May 17, 1998. Magistrate Marple scheduled the matter for non-jury hearing on July 7, 1998. Petitioner filed a request for a jury trial and a motion for continuance on June 3, 1998. By notice dated June 4, 1998, Magistrate set pre-trial for October 5, 1998 and trial for October 8, 1998. Pre-trial was changed to October 7, 1998 and Magistrate reduced charge to 1st offense DUI and dismissed fingerprint charge with leave to the State to amend to charge with the offense of obstructing an officer. Jury trial for October 8, 1999 was canceled. State moved for reconsideration of DUI and fingerprint ruling. Matter was rescheduled for pre-trial on December 17, 1998 and jury trial on December 18, 1998. At pretrial the Magistrate reinstated 2nd offense DUI and failure to give fingerprints. Jury trial was canceled at Petitioner's request. It was rescheduled for February 3, 1999. The record does not reflect why that was canceled. It was reset for March 25, 1999 and continued on State's motion. It was rescheduled for May 25, 1999 and canceled because there was not a jury available. It was rescheduled for July 29, 1999. On July 19, 1999 Petitioner filed Motion to Dismiss based on one year rule. Magistrate denied. Judge Marks also denied. It is argued that a delay in a magistrate court criminal case sought by the defendant in response to a notice of new changes one day prior to trial should not be attributed to a defendant under W.Va. Code § 62-3-21 as good cause to toll the one year speedy trial rule and abridge the right to a speedy trial. |
| 5. |
Randall W. Galford No. 993411 Refuse 5-0 |
Petition for a Writ of Prohibition in SER Randall W. Galford v. Honorable Timothy R. Ruckman, No. 993411. The underlying matter is a divorce action. Judge Johnson had disqualified himself. Petitioner sought disqualification of FLM Ruckman on grounds that they were previously law partners and that the FLM represented the plaintiff in a civil action that is ongoing against the petitioner. Both actions provide FLM with source of facts that is inappropriate. Ruckman refused to disqualify himself. Petitioner seeks disqualification of FLM. Alternatively, Petitioner seeks to prohibit FLM from granting as temporary relief the payment of defendant's medical bills which were incurred after separation. |
| 6. |
Gretchen Pyles Grant 5-0 |
Elkem Metals Company's Motion to Dismiss Petition for Appeal in Alonzo Stabagi v. W.C.D./Elkem Metals Co., No. 992941. Petition for Appeal seeks 5% statutory PPD award. Subsequent to filing petition, claimant was awarded a 10% PPD award. |
| 7. |
Damon B. Morgan, Jr. No. 26852 Refuse 3-2 (Starcher, J. Scott, J.) |
Petitioner's Motion for Reconsideration and Granting of Stay and Post-Conviction Bail in State v. Larry B. Ramsey, No. 26852. Petition was granted 11-18-99. Petitioner appeals conviction for manufacture of controlled substance and conspiracy to manufacture a controlled substance. Court previously refused petition seeking post-conviction bail. The State opposes the Motion. |
| 8. |
H. John Rogers No. 993004 Refuse 3-2 (Maynard, c.J., McGraw, J.) |
Petition for a Writ of Habeas Corpus and Summary Petition for Release on Bail in Dwarka Vemuri, M.D. v. James Spencer, No. 993004. Dr. Vemuri has been confined in the Northern Regional Jail since October 22, 1999 for civil contempt arising out of child support arrearages in the amount of approximately $30,000. Dr. Vemuri is permitted to work on weekdays. Dr. Vemuri asserts inability to pay, ineffective assistance before the FLM and the circuit court, medical problems, lack of clean hands on the part of his ex-wife and the denial of procedural and substantive due process. No record or supporting documents are provided. The ex-wife opposes the petition. |
| 9. |
David Henry Johnston pro se Refuse 5-0 |
Motion for Enlargement of Time and Suspension of Rules. Johnston was sentenced on August 16, 1999. Johnston states that his counsel did not file notice of intent to appeal and did not file a petition. Johnston states that he did not learn this until November. Johnston filed a notice and requested the appointment of counsel in the lower court. An Order refusing the Motion was entered by Judge Rowe on November 19, 1999. Johnston seeks to have his appeal period reopened and counsel appointed. |
| 10. |
Don M. Stacy No. 26298 Grant 5-0 |
Motion to File Reply Brief, Submit Settlement Agreement and Lift Abeyance in Ronald Blankenship v. W.C.D. & Bethenergy Mines, Inc., No. 26298. Petition filed May 28, 1998 regarding rejection of a claim for carpal tunnel syndrome. Parties entered into permanent settlement agreement granting claimant a Second Injury Life Award. The WCD generated documents that included 15 claims in the agreement. Claimant is pursuing appeal for sole purpose of medical treatment. |
| 11. |
Keith A. Jones No. 26835 Refuse 5-0 |
Motion to Dismiss in SER Billy Ray McLaughlin v. Honorable Charles M. Vickers, Judge, No. 26835. It is agreed that the Habeas Complaint was filed on August 28, 1998 and assigned to Judge Vickers. However, it is stated that Judge Vickers acted within one month of the case being brought to his attention by counsel (Sept. 10, 1999). Respondent states that the over-all economy of effort and money among the litigants, lawyers and courts distinguish the case from Adams v. Circuit Court of Randolph County, 173 W.Va. 448, 317 S.E.2d 808 (1984). |
| 12. |
Jason E. Huber No. 27000 Refuse 5-0 |
Appellant's Motion for Admission to Bail Pending Disposition of Appeal in State v. Mary Margaret Green, No. 27000. The appeal arises out of Green's indictment and subsequent plea to ten counts of forgery and uttering. Initially, Green was sentenced to consecutive sentences of 1 to 10 on counts 1 to 8. She was also sentenced to 1 to 10 on counts 9 and 10, yet they were to run concurrent with the sentences on 1 through 8. In October, 1998 this Court granted a writ returnable below for a Losh hearing. Green asserted that the sentence violated her right to be free from multiple punishments for a single crime. A hearing was held below. The transcript and the order indicated that counts 1 through 10 constituted one continuous transaction. However, the order stated that count 9 is to run consecutive to count 8. Green filed a pro se Motion to Correct Sentence. This Court treated it as a petition for appeal and granted it. Green has served over 7 1/2 years. She has been a model prisoner. If released, would live with her mother in Wood County and has a clerical job. |
| 13. |
John Boothroyd No. 993448 Grant 5-0 |
Petition for Writ of Mandamus in SER Keith Burdette v. The Honorable Herman Canady, No. 993448. Petitioner seeks ruling on Petition for Habeas Corpus filed on June 10, 1998. Hearing was held September 1, 1998. There has been no ruling. |
| 14. |
David F. Cross No. 993478 Refuse 3-2 (Davis, J., Scott, J.) |
Petition for Writ of Prohibition in SER David F. Cross v. The Honorable Martin J. Gaughen, Judge, No. 993478. The State seeks to prohibit the lower court from enforcing an order dismissing an indictment charging Scott Michael Reed with the felony offense of manufacturing marijuana. The court found that the seizure of marijuana plants was unlawful and that statements given by Reed were also suppressed in light of the Doctrine of the Fruit of the Poisonous Tree. Accordingly, the indictment was dismissed. |
| 15. |
David F. Cross Refuse 3-2 (Davis, J., Scott, J.) |
Petition for a Writ of Prohibition in SER David F. Cross v. The Honorable Martin J. Gaughen, No. 993479. See above. Defendant here is Traci L. Springer. |
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16.
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Karen L. Hall No. 993483 Refuse 4-0 (Starcher, J. Disqualified) |
Summary Petition for Post-Conviction Habeas Bail in Jack Edward Hawkins v. George Trent, Warden, No. 993483. Hawkins was convicted on three counts of first degree sexual assault. He was sentenced to serve three consecutive fifteen to twenty-five year sentences. His petition for appeal was refused June 5, 1997. Hawkins filed a pro se petition for habeas in January 1998. Current counsel was appointed. Addendums were filed to the petition. The lower court entered an order granting Hawkins' motion for hybrid self-representation. However, the lower court has refused bail and has further denied requests to attend hearings other than the omnibus hearing. Thus, Hawkins is unable to meaningfully participate in all phases of the proceedings and unable to help counsel prepare for hearing. It is asserted that Hawkins is an excellent candidate for bail. The State is opposed to post- conviction habeas bail. |
| 17. |
Gary O. Kinder No. 26755 Refuse 5-0 |
Motion to Dismiss in Penny Mayfield v. Bell Atlantic- West Virginia, Inc, No. 26755. It is asserted that the claimant has not filed a brief. |
| 18. |
Wesley W. Matheney No. 25539 Grant 5-0 |
Motion for Leave to File Amicus Curiae Brief Out of Time on behalf of The West Virginia Trial Lawyers in Mitchell v. Broadnax, No. 25539. The Appellee is opposed on the grounds that (1) the delay was unreasonable; (2) nothing new is added; and (3) there would be delay. |
| 19. |
E. Kay Fuller No. 000014 response requested |
Petition for Writ of Prohibition in SER Allstate Insurance Co. v. The Honorable Martin J. Gaughan, No. 000014. Petitioner, Allstate Insurance Co., seeks a rule to show cause why the attorney-client privilege should not be upheld between attorney and a client with respect to billing records. |
| 20. |
R. Matthew Vital No. 000046 Grant 5-0 |
Petition for a Writ of Prohibition in Jeanette H. v. The Honorable David M. Pancake, Judge, No. 000046. Petitioner seeks to prevent the lower court from denying to order transportation of Jeanette H. From Hopemont, a drug treatment facility, to the Cabell County Courthouse for a hearing to terminate her parental rights. It is asserted that the issue presented is “whether a biological parent has a constitutional right to be present at a Termination of Parental Rights hearing to terminate her parental rights if that parent is serving a term of incarceration in a correctional facility with the West Virginia Department of Corrections.” J. H. has been allowed to be a resident in a six month residential treatment program. She is scheduled to appear before the Parole Board in March, 2000. |
| 21. |
Wayne Patterson pro se No. 000056 Refuse 5-0 |
Petition for a Writ of Mandamus in Wayne E. Patterson v. Honorable Charles Phalen, Jr., No. 000056. Patterson is a defendant in a paternity/collection action. A hearing was held on December 2, 1999. No order has been entered. |