1. In the Matter of: Jason W., No. 032416 (Filed 11/7/03)

Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in ruling that there is no reasonable likelihood that the circumstances which led to the removal can be corrected in the foreseeable future and therefore denying the Father an extension to the post dispositional improvement period and the circuit court erred in terminating the Father’s parental rights when it did not terminate the Mother’s parental rights. 

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

2. In the Matter of: Jordyn H. & Brittney H., No. 032435 (Filed 11/12/03)

Father appeals circuit court order terminating his parental rights, arguing that circuit court erred in denying the Father an extension to the post dispositional improvement period and the circuit court erred in terminating the Father’s parental rights when it did not terminate the Mother’s parental rights. 

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

3. In the Matter of: Michael J, Kristy T. and Josh M., No. 032521 (Filed 11/19/03)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred as there was no clear and convincing evidence to support termination. 

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

4. In the Matter of Peggy Jo E., No. 032544 (Filed 11/21/03)

Mother appeals circuit court order terminating her parental rights, arguing that insufficient services were offered to the mother to enable her to adequately parent her child. 

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

5. In the Matter of: Brandy H, Dalton A, and Tommy A., No. 032673 (Filed 12/08/03)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court violated her right to due process of law in terminating her post-adjudicatory improvement period and terminating her parental rights.

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

6. In the Matter of: Christina C., Stephanie B, and Thomas B., No. 032733
(Filed 12/12/03)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in denying motions for post adjudicatory and dispositional improvement periods and in terminating her parental rights without allowing an additional improvement period once she separated from her husband. 

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

7. In the Matter of: Amber P., Bobby C., Jennifer C., and Keisha C., No. 032766
(Filed 12/17/03)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court violated her due process rights by terminating her improvement period without giving her a reasonable and meaningful opportunity to improve the conditions that resulted in removal of her children. 

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

8. In the Matter of: Charles Ray C., No. 032817 (Filed 12/29/03)

Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in terminating a promising and productive improvement period and in terminating father’s parental rights. 

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

9. In the Matter of: Samuel M. M., No. 032819 (Filed 12/29/03)

Parents jointly appeal circuit court order terminating their parental rights, arguing that the circuit court erred by failing to comply with the time standards for abuse and neglect proceedings and in terminating the parental rights of the parents. 

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

10. In the Matter of: Dawn. S. Lola S., and Harry S. , No. 032854 (Filed 12/30/03)

Mother appeals circuit court order placing her children in permanent foster care. 

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

11. In Re: Christian B and Leanna B., No. 040056 (Filed 1/8/04)

Mother appeals circuit court order denying her motion for post-termination visitation following her voluntary relinquishment of her parental rights. 

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

12. In the Matter of: Samantha C, Autumn C. and Brittany C., No. 040078 (Filed 1/9/04)

Mother moves for permission to join as petitioner to father’s appeal of circuit court order terminating the parental rights of both mother and father to children. Mother asserts that the issues and facts are the same as are the interests of the mother and father.  Father appeals circuit court order terminating his parental rights.

Grant 4-0
(Starcher, J. Not Participating)

Mother and Father  appeal circuit court order terminating their  parental rights.

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

13. In the Matter of David G., Patricia S. , Christine S., Dennis S. Jr., Anastasia S., No. 040254 (Filed 2/2/04)

Parents jointly appeal circuit court order terminating their parental rights, arguing that the circuit court erred in failing to grant a further extension of the parents’ improvement period based upon the birth of the parents’ last child. 

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

14. SER James Matthew Bunner v. Brenda Marshall, Magistrate, No. 031940 (Filed 9/5/03)

Petitioner appeals lower court’s denial of his petition for writ of prohibition and motion to dismiss a charge of domestic battery under the speedy trial rule. 

Refuse 3-0
(Albright, J., Disqualified)
(Starcher, J. Not Participating)

15. State v. Gina Harrington, No. 031942 (Filed 9/5/03)

Petitioner appeals her conviction of cultivating marijuana arguing that the circuit court erred in admitting Petitioner’s statement into evidence, that the circuit court erred in giving an aiding and abetting instruction, and that the circuit court erred in not suppressing the fruits of the search of Petitioner’s property.  

Refuse 3-1
(Albright, J.,)
(Starcher, J. Not Participating)

16. State of West Virginia v. Phoenix G. Anderson, aka Patrick J. Guido, No. 032168 (Filed 10/06/03)

Petitioner/Defendant appeals the circuit court’s denial of his motion to continue his trial to await the appearance of proposed rebuttal witness who was not under subpoena. 

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

17. Michael A. Riddle v. Roger L. Pritt, Commissioner of WVDMV, No. 032085 (Filed 9/23/03)

Petitioner appeals the dismissal of his Petition for Judicial Review of an Order of the Commissioner of the Division of Motor Vehicles suspending his driving privileges for six months. Petitioner asserts that the Final Order entered by the Commissioner violates certain statutory provisions, is based upon unlawful procedures, is legally erroneous, is clearly wrong in view of the evidence presented at the Administrative Hearing, and is arbitrary and capricious. 

Deferred

18. SER Dennis Mayhew v. Tom B. Scott, Administrator of Southwestern Regional Jail, No. 031928 (Filed 9/3/03)

Petitioner/Inmate seeks issuance of writ of habeas corpus following the revocation of his probation for a drug violation. Petitioner/Inmate seeks his release in lieu of long-term drug rehabilitation. 

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

19. SER Lance Levitt v. Thomas McBride, Warden of Mount Olive Correctional Complex, No. 032084 (Filed 9/16/03)

Petitioner/Inmate seeks the issuance of a writ of habeas corpus alleging that Mount Olive does not provide adequate legal assistance to its inmates, that Petitioner/Inmate was not credited for time served pre-conviction, and that life without mercy is a disproportionately harsh sentence for felony murder. 

Deferred

20. Reginald T. Crisp v. Michael Coleman, Warden of Mount Olive Correctional Center, No. 032123 (Filed 9/26/03)

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that his sentence is disproportionate to his crime and that the lower court erred in failing to set forth findings of fact and conclusions of law in its dismissal of a petition for writ of habeas corpus. 

Returnable Below

21. SER Raymond Harris v. Shannon Markle, Administrator of Central Regional Jail, No. 032129 (Filed 9/29/03)

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging denial of due process, ineffective assistance of counsel, denial of right to withdraw his guilty plea, and evidentiary errors. 

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

22. SER Eugene Blake v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 032614 (Filed 10/02/03)

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging violation of the double jeopardy clause, failure of the State to prove all the elements of the crime of abduction, and incompetency at the time of entering the guilty plea.

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

23. SER Gregory Christian v. State of West Virginia, No. 032207 (Filed 10/6/03)

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that his guilty plea was invalid, that he suffered ineffective assistance of counsel, that the State has failed to honor the plea agreement, and that the State, defense counsel, and Huntington Police conspired against Petitioner/Inmate. 

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

24. SER Shane P. Knuckles v. James Rubenstein, Commissioner, No. 031983 (Filed 9/8/03)

Petitioner/Inmate seeks the issuance of a writ of mandamus to have his good time restored. 

Deferred

25. SER Roundtree Goodman v. DOC, No. 032019 (Filed 9/10/03)

Petitioner/Inmate seeks the issuance of a writ of mandamus to compel the DOC to comply with the Americans with Disabilities Act. 

Deferred

26. SER Joseph Michael Pettaway v. Alfred Ferguson, No. 032217 (Filed 10/8/03)

Petitioner/Inmate seeks issuance of writ of mandamus to compel the preparation of transcripts, but that matter is now moot. Petitioner/Inmate also seeks reinstatement of appeal rights based upon delay in preparation of transcripts.

Returnable Below