WRIT CONFERENCE
Wednesday, April 21, 1999
1. State of West Virginia v. Terry L.
Testerman, No. 983372 (filed 12/29/98) Testerman appeals his conviction of second
offense DUI and driving while license revoked for DUI.
Refuse 5-0
2. State of West Virginia v. Ronnie Wayne Bell, No. 990153
(filed 1/28/99)
Bell appeals his sentence of 5-15 years in the state penitentiary,
imposed for his conviction of sexual abuse by a custodian.
Refuse 5-0
3. State of West Virginia v. Jerry Belcher,
No. 990247 (filed 2/3/99)
Belcher appeals his conviction of nine counts of obtaining a
controlled substance by means of misrepresentation.
Refuse 5-0
4. In the Matter of: Elbert O., et al., No. 990959
(filed 4/9/99)
Mother appeals the termination of her parental rights.
Refuse 3-2
[Starcher, C. J., McGRAW, J.]
5. In the Matter of: Matthew A. & Daniel A., No. 990922
(filed 4-1-99)
Mother appeals the denial of her motion for the return of her
children.
Refuse 5-0
6. In the Matter of : Corey H., No. 990945 (filed
4-8-99)
Mother appeals the termination of her parental rights to three
children.
Refuse 5-0
7. Roger Brent Brown v. Frederick Keister, No. 982988 (filed 11-17-98)
Brown appeals, pro se, the denial of his motion to disinter Ray Hanson Rains for the purpose of DNA testing relevant to an action to contest the decedent's will.
Refuse 5-0
8. Roger Brown v. Frederick Keister, No.990223 (filed
2-1-99)
Brown appeals, pro se, the court order reinstating Keister
as executor of Hanson's estate, assessing court costs and the curator's fees against Brown
and accepting the jury verdict that Haines was competent at the time he signed his will.
Refuse 5-0
9. Nina L. Clark v. Ada F. McFann, No. 990603 (filed
3-10-99)
Clark appeals an order denying her motion to set aside the verdict
and set the matter for a new trial in her suit arising from an automobile accident.
Refuse 3-2
[Starcher, C. J., McGRAW, J.]
10. Brian Lee Shirley v. Barbara Sue Shirley,
No. 990645 (filed 3-16-99)
Brian Shirley appeals the final order in his divorce action.
Refuse 5-0
11. Shawn Satterfield v. George Trent, No. 990663 (filed
3-18-99)
Satterfield appeals the denial of his petition for a writ of
habeas corpus.
Refuse 5-0
12. State of West Virginia v. Jennings E. Boley,
No. 990618 (filed 3-11-99)
Boley appeals his sentence of 1-3 years in the penitentiary for
his conviction on a plea of guilty to one count of DUI 3rd and six months concurrent on
his plea of guilty to one count of Driving on a Revoked License.
Refuse 5-0
13. State of West Virginia v. Kenneth Daft, No. 990628
(filed 3-12-99)
Daft appeals his conviction on three counts of Sexual Abuse by a
Caretaker and three counts of First Degree Sexual Assault.
Refuse 5-0
14. State of West Virginia v. Alvin Templeton, No. 990686
(filed 3-22-99)
Templeton appeals his conviction on three counts of Wanton
Endangerment.
Refuse 5-0
15. State of West Virginia v. Stacey K. Jarvis, No. 990913
(filed 3-30-99)
Jarvis appeals her sentence of 80 years for her conviction on a
plea of guilty to one count of Aggravated Robbery.
Refuse 5-0
16. In the Matter of: Destiny Mc.C., No. 990906 (filed
3-30-99)
Mother appeals the termination of her parental rights alleging
ineffective assistance of counsel.
Refuse 5-0
17. In the Matter of: K. C. Mc.M., No. 990946 (filed
4-8-99)
Father appeals the termination of his parental rights for
abandonment.
Refuse 5-0
18. Varnum Krumm v. George Trent, Warden, No. 983304
(filed 12-18-98)
Krumm appeals the denial of habeas relief below.
Refuse 5-0
19. Michael Davis v. Nicholas Foods, Inc., No. 983408
(filed 12-30-98)
Plaintiff Davis appeals summary judgment in favor of the defendant
in a personal injury case.
Refuse 3-2
[Maynard, J., McGRAW, J.]
20. Michael Conkright v. Sue Workman, No.
990017 (filed 1-6-99)
Plaintiff Conkright appeals summary judgment in favor of the
defendant in a personal injury case.
Refuse 4-1
[Starcher, C. J.]
21. SER Thomas Myers v. William Duncil, Warden, No.
990029 (filed 1-12-99)
Myers appeals the denial of habeas relief below. Myers argues that
the special prosecutor appointed to his case did not take an oath, and ineffective
assistance of counsel.
Refuse 5-0
22. Joel Goldstein v. Christopher Hackett, No. 990041
(filed 1-13-99)
Defendant Hackett appeals the award of a new trial to the
plaintiff in a personal injury case. The lower court awarded a new trial finding that the
jury's verdict was inadequate.
Refuse 3-2
[Workman, J., Davis, J.]
23. Deborah Hicks v. Kenneth Hicks, No. 990077 (filed
1-21-99)
Deborah Hicks appeals the outcome of her child support
modification petition.
Grant 4-1
[McGRAW, J.]
24. State v. James Crabtree, No. 990032 (filed 1-12-99)
Crabtree appeals his convictions for malicious assault and
battery.
Refuse 5-0
25. State v. David McCartney, No. 990237
(filed 2-2-99)
McCartney appeals his convictions for attempted murder and second
degree arson.
Refuse 3-2
[Starcher, C. J., McGRAW, J.]
26. State v. Ronald Holcomb, No. 990299 (filed 2-17-99)
Holcomb appeals his convictions for aggravated robbery and
conspiracy.
Refuse 3-2
[Starcher, C. J., McGRAW, J.]
27. State v. Jeffrey Woodall, No. 990413 (filed 2-26-99)
Woodall appeals his sentences for two counts of sexual abuse in
the first degree. The lower court sentenced Woodall to two terms of 1-5 years each, to run
consecutively.
Refuse 5-0