2. SER Anthony Brown v. Evelyn Seifert-Warden, No. 012309

Petitioner, pro se, filed a Petition for a Writ of Habeas Corpus in which he asserts that his 60 year sentence for Burglary and 1-15 years Sentence for Aggravated Robbery are disproportionate to his crimes.

3. SER Jeffrey S. Snow v. William S. Haines-Warden, No. 012387

Petitioner filed a Petition for a Writ of Habeas Corpus in which he asserts that he should be credited for time served while on probation.

4. SER Terry Humphrey v. WV Board of Probation and Parole, No. 012395

Petitioner filed a Petition for a Writ of Habeas Corpus in which he alleges the following: (1) Respondents have wrongly denied Petitioner a parole interview every year since 1994; (2) Respondents have abused their authority by interpreting his sentence to be Life Without Mercy instead of Life With Mercy; (3) Respondents have wrongly enhanced petitioner’s sentence; (4) W.Va. Code Sections 61-2-2, 62-3-15, 62-12-13 are unconstitutional, vague, and over broad as applied to Petitioner’s sentence.

5. SER Jack David Raines, Jr. v. Shannon Markle-Administrator, No. 012629

Petitioner filed a Petition for a Writ of Habeas Corpus in which he asserts that his sentence of 7 to 20 years for Conspiracy to Deliver and Delivery of Marijuana within 1000 feet of a school is cruel and unusual punishment.

6. SER Edward James Wolfe v. Circuit Court of Marion County, No. 011679

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel circuit court to appoint Petitioner another Special Prosecutor for an underlying Habeas Corpus case pending in circuit court.

7. SER Paul Farmer v. Raleigh County Circuit Court, No. 011703

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to order the circuit clerk and the prosecuting attorney to relinquish the requested records to enable petitioner to file an additional petition for a writ of habeas corpus.

8. SER Timothy Leon Poore, Sr. v. Gary Johnson-Judge, No. 011723

Petitioner filed a Petition for a Writ of Mandamus seeking to compel circuit court to rule upon his Motion for a Writ of Habeas Corpus, Motion for an Omnibus Habeas Corpus hearing, and Motion for the Appointment of Counsel

9. SER Victor L. Nutter v. Wirt County Circuit Clerk, No. 011807

Petitioner filed a Petition for a Writ of Mandamus seeking to compel the circuit court to provide him with transcripts.

10. SER Billy Joe Pelfrey v. Randolph County Circuit Court, No. 011948

Pelfrey, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to rule upon a pending writ of habeas corpus filed in circuit court on 3/27/01.

11. SER Terry Lee Thomas v. E. Lee Schlaegel-Judge, No. 011949

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel circuit court to provide him with copies of various pre-trial transcripts that he has requested.

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel circuit court to issue a ruling on his Motion for Summary Judgment filed on 6/13/01.

13. SER Richard L. Abbott v. Randolph County Circuit Court, No. 012017

Abbott, pro se, filed a Petition for a Writ of Mandamus seeking to compel circuit court to rule upon a pending Writ of Habeas Corpus filed in circuit court on 4/29/98.

14. SER Phillip Moore v. Fayette County Circuit Court, No. 012028

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel circuit court to rule upon a pending Writ of Habeas Corpus filed on 4/5/01.

15. SER Dwayne Bowman v. WV Dept. of Corrections, No. 012163

Bowman filed a Petition for a Writ of Mandamus/Prohibition in which Bowman seeks to prohibit Huttsonville Correctional officials, including prison magistrate, from taking money from his prison account to pay for one half of his medical bills incurred from a fight with another inmate.

16. SER Lawrence Myers v. Boone County Circuit Court, No. 012066

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to issue a ruling on the following Motions filed in the circuit court: (1) Motion for Production of Documents filed on 7/12/01; (2) Motion for Transcripts of a 404(b) hearing held on 1/11/00 and filed on 7/12/01; (3) Motion for 8/30 and 8/31 1999 Transcripts (no filing date given); (4) Motion for a 5/25/00 Transcript (no filing date given.)

17. SER Jack Steven Hart v. Jeffrey Reed-Judge, No. 012135

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to (1) provide him with copies of transcripts, (2) resentence him so that he can appeal his sentence, (3) appoint him an attorney, and (4) hold a hearing concerning his transcripts.

18. SER Stephen M. Moore v. WV Bd. of Parole, No. 012145

Petitioner, pro se, filed a Petition for a Writ of Habeas Corpus in which he alleges the following: (1) the Parole Board delayed his parole hearing by one month; (2) the Parole Board did not allow petitioner to appear in person in front of the parole board as requested by petitioner; (3) The Parole Board failed to prepare a pre-parole report; (4) The Parole Board failed to allow petitioner to access information that would be used against him in the parole board hearing; (5) The Parole Board did not allow petitioner to submit any documentary evidence in his support; (6) The Parole Board has refused to give petitioner a written statement of reasons for denial of parole.

19. SER David Carr v. Herman Canady-Judge & WV Parole Board, No. 012178

Petitioner filed a Petition for a Writ of Mandamus seeking to compel the circuit court to rule upon a pending Writ of Habeas Corpus filed on 3/29/01. Additionally, petitioner asserts that he is entitled to be released on parole because he met all legal criteria within West Virginia Code 62-12-13(a).

20. SER Wayne E. Patterson v. Herman G. Canady, Jr., No. 012184

Petitioner filed a Petition for a Writ of Mandamus seeking to compel the circuit court to rule upon pending motions filed in circuit court to hold a hearing in the underlying case and to issue an appealable order.

21. SER Charles Watts v. Ritchie County Circuit Court, No. 012217

Petitioner filed a Petition for a Writ of Mandamus seeking to compel the circuit court to issue a ruling on a 7/25/01 Motion for Discovery.

22. SER Rodney Eugene Nagye v. John Hutchison-Judge , No. 012250

Petitioner filed a Petition for a Writ of Mandamus seeking to compel the circuit court to issue an Order in his Habeas Corpus case and to inform him who has been appointed to represent him.

23. SER Earl Stoffel v. Jackson County Circuit Court, No. 012335

Stoffel, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to provide him with copies of his trial transcripts.

24. SER James M. Mitchell v. Harrison County Circuit Court, No. 012352

Mitchell, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to provide him with transcripts.

25. SER John K. Rapp, Sr. v. WV Board of Probation and Parole, No. 012557

Rapp, pro se, filed a Petition for a Writ of Mandamus seeking to compel this Court to Order that petitioner be given a new parole board hearing, order an evidentiary hearing before the West Virginia Supreme Court and order the Parole Board to comply with Rule 92, Procedural Rules Governing Probation and Parole.

26. SER Joseph Carpino v. James Mazzone-Judge, No. 012636

Carpino, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to order that a 10/25/01 hearing transcript be given to Carpino, to order the circuit clerk to mail petitioner copies of the circuit court’s orders to the parties, to order Wheeling Volkswagen Subaru to answer a subpoena, and to compel attorneys to "testify how they violated the Constitutional rights of Relator from June of 2000 to date."

27. SER Jimmie M. Williams v. Nicholas County Circuit Court, No. 020079

Petitioner filed a Petition for a Writ of Mandamus seeking to compel the circuit court to rule on a pending Petition for a Writ of Habeas Corpus. Petitioner subsequently filed a Supplement, containing a Habeas Corpus issue, in which Petitioner asserts that he was not taken before a magistrate for a determination of probable cause prior to being indicted and prior to being tried before a jury. Petitioner also asserts that his due process rights were violated because no complaint was filed against him.

28. SER Morgan Shepherd v. Logan County Circuit Court, No. 020506

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to appoint counsel for Petitioner. Petitioner also seeks generally to obtain information from his case file.

29. SER Cedric D. Danich v. Kanawha County Circuit Court, No. 020093

Petitioner filed a Petition for a Writ of Mandamus seeking to compel the circuit court to issue a ruling on a pending writ of habeas corpus filed in the circuit court on 2/21/01.

30. SER Jamal A. Azeez v. Raleigh County Circuit Court, No. 011854

Azeez, pro se, filed a Petition for a Writ of Prohibition in which Azeez requests that he be released from prison. Azeez asserts the following arguments: (1) the Superseding Indictment was defective; (2) the Commitment Order violates his due process rights and should be found to be unenforceable; (3) the lower court failed to inform relevant agencies of petitioner’s conviction and sentence within the prescribed time; (4) circuit clerk issued a Commitment Order that was fatally flawed, and as such, must be ruled unenforceable; (5) Respondents cannot hold the petitioner in custody beyond August 29, 2001 because the Commitment Order is not a proper warrant of commitment; (6) The W.V. Division of Corrections and the Parole Board through Respondents acted improperly by adjusting Petitioner’s time sheet when the Commitment Order is known to be flawed.

31. State of W.Va. v. Paul R. Varner, Jr., No. 020029

Petitioner appeals the circuit court order sentencing him to life without mercy for first degree murder conviction and for not less than one (1) nor more than fifteen (15) years for burglary, the sentences to run consecutively, with restitution to victims.

32. State of West Virginia v. Robert M. Barritt, No. 012447

Petitioner appeals circuit court order denying his pro se motion for reconstruction of lost records and papers.

33. Robert M. Barritt v. Howard Painter, Warden, No. 012448

Petitioner appeals circuit court order denying his petition for habeas corpus.

34. Robert M. Barritt v. State of West Virginia, No. 020173

Petitioner appeals circuit court order denying motion for reduction of sentence. Petitioner seeks a hearing of his motion.

35. Robert M. Barritt v. State of West Virginia, No. 020194

Petitioner appeals circuit court order denying motion for reduction of sentence. Petitioner seeks a hearing of his motion

36. Shelia Elaine Adkins v. Drema S. Bell, Admin. No. 020024

Plaintiff below appeals circuit court order dismissing her personal injury action under Rule 41(b) for failure to prosecute.

37. Vickie A. Weber v. Daniel K. Weber, No. 020053

Petitioner, husband, appeals circuit court order denying his motion for Non-entry of Qualified Domestic Relations Orders (QDROs) and seeking order granting his Motion for Denial of Entry of QDROs.

38. SER Eugene Blake v. Howard Painter, Warden, No. 011510

Petitioner seeks writ of prohibition against warden, prison unit manager, and Commissioner of the Department of Corrections, asserting their actions in requiring him to share a cell with another inmate violate his constitutional rights. He also asserts that his health problems are not being treated by the Respondents.

39. SER Donald L. Taylor v. Howard Painter, Warden, No. 011598

Petitioner seeks writ of habeas corpus asserting that the Respondents improperly placed him in punitive segregation for an offense he did not commit, improperly maintained him in administrative segregation within his facility, improperly postponed his parole eligibility date by making these placements, and improperly reclassified him.

40. SER Raymond Allen v. Howard Painter, Warden, No. 011642

Petitioner seeks issuance of a writ of habeas corpus, asserting that his guilty pleas were not voluntary due to ineffective assistance of his trial counsel.

41. SER James W. Berry, Sr. v. Howard Painter, No. 012649

Petitioner appeals circuit court order denying habeas corpus petition.

42. SER Roger McKinney v. James D. Spencer, Admin, No. 011852

Petitioner seeks issuance of a writ of habeas corpus, for reinstatement of his previously filed circuit court habeas corpus action.

43. Earl L. Puffenbarger v. Mark Williamson, Warden, No. 011767

Petitioner appeals circuit court order denying his Rule 35 (b) Motion for Reduction of Sentence as untimely filed.

44. Steven M. Moore v. William Bowman, Administrator, No. 011857

Petitioner seeks issuance of a writ of habeas corpus, challenging the revocation of his parole.

45. SER Brian Crews v. Howard Painter, Warden, No. 011886

Petitioner seeks writ of habeas corpus, asserting that his guilty plea to aggravated robbery was not voluntary.

Issue rule returnable below to hold omnibus
 hearing and appoint counsel

46. SER Bruce Morrise Doak v. William Haines, Warden, No. 011935

Petitioner seeks issuance of a writ of habeas corpus to allow credit for pre-conviction confinement.

47. SER Sean M. Harris v. Michael Coleman-Acting Warden, No. 012023

Petitioner seeks issuance of a writ of habeas corpus regarding his prison offense conviction for Destruction of Property over $100 and regarding inadequacy of prison law library in lockdown area.

48. SER Billy Kiggins v. William Fox, Warden, No. 012018

Petitioner seeks issuance of a writ of habeas corpus challenging the revocation of his probation, failure of counsel to move for reconsideration, and the denial of credits against his sentence for the time he spent on probation.

49. SER Paul Estel v. James Spencer, Admin., No. 012047

Petitioner seeks issuance of a writ of habeas corpus challenging his conviction for fleeing from an officer while driving under the influence of alcohol, due to asserted errors in the conduct of his trial.

50. SER Brando Jefferson Hurt v. Mercer County Circuit Court, No. 010949

Petitioner brings petition for mandamus against circuit court, seeking evidentiary hearing of his petition for writ of habeas corpus filed in the circuit court.

51. SER Ronald A. Holcomb v. Mason Cty. Circuit Court, No. 011696

Petitioner seeks issuance of a writ of mandamus requiring lower court to dismiss fines which are ten years old.

 

52. In the Matter of Justin M., No. 020340

Mother appeals termination of her parental rights, asserting that the circuit court erred in denying additional improvement period.

53. In the Matter of Gregory "Bo" L., No. 020348

Father appeals circuit court order dismissing child abuse and neglect petition, asserting error in failing to proceed to adjudication and disposition against mother based upon events which occurred to the child while in her care.

54. In the Matter of Natasha B., No. 020382

Father appeals circuit court order terminating his parental rights, asserting that there was insufficient evidence to support termination.

 

55. In the Matter of Kent S. and Valery S., No. 020392

Mother appeals circuit court order terminating her parental rights, asserting that there was insufficient proof of failure to comply with the terms of her improvement period and to support termination.

56. In the Matter of: Destiny H., No. 020396

Guardian ad litem representing baby in abuse and neglect proceeding appeals circuit court order dismissing abuse and neglect petition.

57. In the Matter of: Destiny H., No. 020710 (Related to GAL’s Petition, No. 020396) Primary care giver of baby appeals circuit court order dismissing abuse and neglect petition, asserting that the circuit court erred in concluding that the natural mother had not abandoned child.

58. In the Matter of Kayla Rae L., No. 020404

Mother appeals circuit court order terminating her parental rights, asserting that the conditions asserted in the petition have been altered since dispositional hearing as she has established housing.

59. In the Matter of Michael S. Jr. and Zachary M., No. 020450

Father appeals circuit court order terminating his parental rights, asserting that there was insufficient proof to support termination

60. In the Matter of Michael S. Jr. and Zachary M., No. 020451

Mother appeals circuit court order terminating her parental rights, asserting that there was insufficient proof to support termination.

61. In the Matter of Steven T., No. 020555 ( WVDHHR Petition)

DHHR appeals circuit court order placing minor boy, 14, in the physical and legal custody of a third party.

62. In the Matter of Steven T., No. 020556 (Guardian ad litem’s petition)

Guardian ad litem of minor boy, 14, appeals circuit court order placing him with a third party custodian.

63. In the Matter of: Sierra, Annilynn S., No. 020219

The mother appeals the termination of her parental rights, claiming the parents were never properly served with the petition and that the parents were not properly served with notice of the hearing concerning the termination of their parental rights.

64. In the Matter of: Sierra, Annilynn S., No. 020657

The father appeals the termination of his parental rights, claiming that the court erred in ruling that service of the petition and notice to the parents was proper.

65. SER Kenneth Taylor v. Howard Painter, Warden, No. 011509

Taylor filed a Petition for a Habeas Corpus, claiming ineffetive assistance of counsel at plea hearing, improper waiver of his constitutional rights because he was heavily medicated and under the influence of the drug thorazine at the time he appeared before the trial court, denial of a fair trial because at the time he entered into the plea bargain he was under the influence of the drug thorazine, and error by the circuit court in dismissing the a petition for a Habeas Corpus based upon the record after the W. Va. Supreme Court of Appeals had granted the writ and ordered the circuit court to hold an evidentiary hearing.

66. SER Alvin Lee Gregory v. West Virginia Board of Probation and Parole, No. 011561

Gregory files a Petition for a Habeas Corpus, claiming that the W.Va. Board of Probation and Parole abused its discretion in arbitrarily and capriciously revoking his parole. Gregory claims that the Board violated due process of law in that it failed to adhere to several of its own rules and regulations and in that technical violations cannot be the basis for additional imprisonment unless the technical violations are criminal in nature.

67. SER Douglas A. Redleski v. Howard Painter, Warden, No. 011620

Redleski files a Petition for a Habeas Corpus, claiming that because the prosecuting attorney of Preston County has failed to present an indictment against former prosecuting attorney Virginia Hopkins, Redleski has been denied equal protection and due process under the West Virginia Constitution.

68. SER Rodney A. Stover v. Howard Painter, Warden, No. 011646

Stover files a Petition for a Writ of Habeas Corpus, asking this Court to consider the constitutionality of that portion of the W.Va. Code which permits the Board of Parole to reimprison a parole violator without crediting the time served on parole toward the original sentence.

69. SER Robert Harper v. Howard Painter, Warden, No. 011825

Harper files A Petition for a Writ of Habeas Corpus, claiming that he is being denied access to the library and that the library is inadequate.

70. SER Thomas Allen v. Kim Wolf, Sheriff, No. 011851

Allen files a Petition for a Writ of Habeas Corpus, claiming that he has been unable to obtain copies of his preliminary hearing transcript and that he has not been able to obtain release from jail because his bond was excessively high.

71. SER Charles D. Anderson v. Howard Painter, Warden, No. 011788

Anderson files a Petition for a Writ of Habeas Corpus, claiming that his right to due process under the 5th and 14th amendment and his right to protection from cruel and unusual punishment under the 8th amendment to the U.S. Constitution were violated by the Parole Board when it added an additional 5 years to his parole eligibility date under W.VA. Code §62-12-13.

72. SER John Jeffers v. William Haines, Warden, No. 011883

Jeffers files a Petition for a Writ of Habeas Corpus, claiming that he was erroneously deprived of 4,000 and some days of good time credit.

73. SER William O. Nicholson v. Mark A. Williamson, Warden, No. 011888

Nicholson files a Petition for a Writ of Habeas Corpus, claiming that he has been denied due process because he has not been provided with transcripts.

74. SER Billy J. Townson v. Michael Coleman, Warden, No. 011974

Townson files a Petition for a Writ of Habeas Corpus, claiming that the trial court abused its discretion in suppressing his witnesses, that Townson was denied the right to effective assistance of counsel, that Townson’s 6th amendment right to compulsory process was violated because the court denied his motion for an independent psychological evaluation of the victim, and that the court erred in that the indictment was insufficient to provide enough information to allow Townson to prepare a defense.

75. SER Bobby E. Toler v. Michael Coleman, Warden, No. 012001

Toler files a Petition for a Writ of Habeas Corpus claiming that he received ineffective assistance of counsel because his counsel improperly forced him to enter a plea agreement. Toler seeks to have counsel appointed.

76. SER David D. Jeffrey v. William Haines, Warden, No. 012021

Jeffrey files a Petition for a Writ of Habeas Corpus, claiming that his conviction on a plea of guilty was unlawfully induced.

77. SER Walter Peters v. Edward Rudloff, Administrator, No. 012153

Peters filed a Petition for a Writ of Habeas Corpus, claiming that he has not received a copy of the reasons as to why he was denied parole.

78. SER Wilbert Mayle v. West Virginia Board of Probation and Parole, No. 011660

In this original jurisdiction mandamus action, Mayle seeks immediate release from incarceration, claiming that he is eligible for parole, has been denied parole four times, and has been illegally placed on a two year setup.

79. Cecil Adams by Joan Brace and Kenneth Adams, his Attorney in fact v. Timothy R. Linger, No. 012435

Linger appeals the circuit court order granting partial summary judgement in favor of Adams. The court below entered judgment against Linger in the amount $18,450.00. Linger claims the circuit court erred in finding that there was no genuine issue of material fact regarding the mental competency of Cecil Adams and in finding that funds of Cecil Adams had been used for the purchase of items by Linger.

80. Kimberly Simons v. West Virginia Dept. of Transportation, Division of Highways, and Dept. of Administration, Division of Personnel, No. 012464

Simons appeals the circuit court order affirming the Level 4 decision of the Administrative Law Judge affirming an adverse ruling on Simons’ grievance relating to denial of tenure for period time during which Simons was off work due to work related injury.

82. Rebecca Ann Lawson v. Harold Hayden, et al., No. 011167

Rebecca Lawson appeals an order of the circuit court granting the Defendants’ Rule 12(b)(6) Motion to Dismiss, for failure to state a claim upon which relief can be granted, alleging that West Virginia law recognizes that state employees of all classifications should receive equal pay for equal work compared to others who perform similar duties.

83. In the Matter of Edward R. , Clarence S, Jr., and Anastasia S., No. 020269

Mother, Tammy S., seeks reversal of the circuit court’s order denying her motion for reconsideration of the prior order terminating her parental rights to her three children. The circuit court held an evidentiary hearing on the issue of modification of termination due to changed circumstances and found no change of circumstances to justify modification of termination. The WVSCA refused the mother’s appeal of the initial termination order on 10-4-01 (3-2, Starcher, Albright.) (WV Sup Case # 011801)

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