West Virginia Supreme Court of Appeals

1. In the Matter of Brittany W., Dustin B., Justin B., and Kayla B., No. 010542 (filed 3-14-01). Father appeals the termination of his parental rights.

2. In the Matter of Brittany W., Dustin B., Justin B., and Kayla B., No. 010543 (filed 3-14-01). Mother appeals her voluntary relinquishment of parental rights.

3. In Re: Clyde, John, and Christopher E., No. 010637 (filed 4-5-01).

Mother appeals the termination of her parental rights.

4. In Re: Tanya, Eric, Anisha, Dustin, and Donald H., No. 010583 (filed 3-21-01).

Father appeals the "constructive" termination of his parental rights.

Grant 3-2
[Davis, J., Maynard, J.]

5. State v. Stanford Allen, Jr., No. 010565 (filed 3-21-01).

Allen was convicted of three counts of first degree murder and one count of burglary. He was sentenced to life without the possibility of parole on the three murder charges, the court ordered the sentences to run consecutively. He was sentenced to 1 - 15 years for his burglary conviction.

6. State v. Billy Mitchem, No. 010633 (filed 4-4-01).

Mitchem challenges the sufficiency of the evidence underlying his conviction for escape.

7. SER Howard Gardner v. Howard Painter-Warden, No. 003017

(filed 12/27/00).

Gardner, pro se, seeks a writ of habeas corpus alleging that officials at Mt. Olive Correctional Center have arbitrarily and capriciously taken good time credit from him.

Jenkins, pro se, has filed a writ of habeas corpus seeking a copy of a transcript.

9. SER Dennis E. Morgan, No. 010349 (filed 1/22/01).

Morgan, pro se, seeks a writ of habeas corpus asserting that he has not received credit for time served while on bond at Shawnee Hills Unit Probation and Home Confinement.

10. SER Steve Cogar, et al. v. William Haines-Warden, No. 003012 (12/29/00).

Cogar, Mathena, Lawson, Blake, Few, pro se, filed a writ of habeas corpus alleging that prison officials have not provided them with adequate medical treatment.

11. SER Jerome D. Williams v. Howard Painter-Warden, No. 010018 
(filed 1/8 /01).

Williams, pro se, filed a petition for a writ of habeas corpus and has asserted the following grounds: (1) unlawful Sentencing; (2) the trial court admitted illegal evidence; (3) denial of due process in sentencing; (4) the jury was not racially balanced.

12. SER Clair Allen Loveridge v. Shannon Markle-Administrator, No. 010085 (filed 1/19/00).

Loveridge, pro se, filed a petition for a writ of habeas corpus alleging ineffective assistance of counsel.

Refuse 4-0
     [Starcher, J. - N/P]

13. SER Lawrence Myers v. Tom B. Scott-Administrator, No. 010229 (filed 1/30/01).

Myers, pro se, filed a petition for a writ of habeas corpus asserting that the State forced him to take a plea agreement.

14. Dean Gamble, Sr. v. Shannon Markle-Administrator, No. 010088 (filed 1/19/01).

Gamble, pro se, seeks a petition for a writ of habeas corpus asserting the following assignments of error: (1) ineffective Assistance of Counsel in Case No. 99-M-02 by Attorney Jack Thompson; (2) the trial court lacked jurisdiction to convict him; (3) the Conviction was obtained by a guilty plea which was unlawfully induced; (4) conviction obtained in violation of double jeopardy.

15. SER Dwaine C. King v. Fayette County Circuit Court, No. 010149 (filed 1/24/01).

King, pro se, seeks a writ of mandamus seeking to compel this Court to Order the Warden at Mt. Olive Correctional Center to set up telephones to handle calls from attorneys.

16. SER John Farmer, Jr. v. Mercer County Circuit Court, No. 010167 (filed 1/23/01).

Farmer, pro se, seeks a writ of mandamus to compel the Mercer County Circuit Court and his trial attorney to furnish transcripts of a pre-trial proceeding and various other transcripts (Case No. 99-F-005).

17. SER Jerry A. Morris v. Jackson County Circuit Court, No. 010450 (filed 3/5/01).

Morris, pro se, seeks a petition for a writ of mandamus seeking to order the Jackson County Circuit Court to hear a petition filed on 12/29/00.

18. SER Lawrence E. Scible v. Donald Cookman-Judge, No. 010437 (filed 2/7/01).

Scible, pro se, seeks a petition for a writ of mandamus seeking to compel Judge Cookman to hold a final hearing based upon his pending Motion for Return of Cash seized by Police upon the Circuit Court of Pendleton County.

19. SER Christopher Spencer v. Mark A. Williamson-Warden, No. 010436
(filed 2/6/01).

Spencer, pro se, seeks a writ of mandamus seeking to compel the Marion County Circuit Court and the Department of Corrections to give him credit for 382 days previously served.

20. SER Paul Dorton v. WV Board of Probation and Parole, No. 010480 (filed 1/31/01).

Dorton, pro se, seeks a writ of mandamus seeking to compel the West Virginia Parole Board to release him on parole or hold another parole board hearing.

21. SER Esker McCauley v. Barbour County Circuit Court, No. 010484 (filed 1/30/01).

McCauley, pro se, seeks a writ of mandamus seeking copy of transcripts.

22. SER Mack McPeak v. James Huppenthal, No. 010488 (filed 2/28/01).

McPeak, pro se, filed a petition for a writ of habeas corpus asserting that Judge King should not have sentenced him to 5-18 years in prison.

23. SER Douglas Dodson v. William Haines-Warden, No. 010613 (filed 3/21/01).

Dodson, pro se, filed a petition for a writ of habeas corpus asserting that he is being denied due process because the Commissioner of Corrections and the Randolph County Circuit Court refuse to acknowledge his appeal and motions.

24. SER Jessie J. Sleasman v. WV Board of Probation & Parole, No. 010448 (filed 3/1/01).

Sleasman, pro se, seeks a writ of habeas corpus asserting that the two year delay between parole board hearings violates the West Virginia Ex Post Facto Laws.

25. SER Shane Shelton v. Howard Painter-Warden, No. 010063 (filed 1/8/01).

Shelton, pro se, seeks a writ of habeas corpus asserting the following assignments of error: (1) conviction obtained by use of coerced confession; (2) conviction obtained by violation of privilege against self-incrimination; (3) denial of effective assistance of counsel.

26. SER Samuel F. Block v. Floyd Smith, Jr. Councilman, No. 010668
(filed 4/10/01).

Block, pro se, seeks a writ of prohibition seeking to prohibit Floyd Smith from violating West Virginia law and seeks the termination of the Chief of Police of Kermit, West Virginia.

27. SER Clyde Hedrick v. Pendleton County Circuit Court, No. 010230 (filed 1/19/01).

Hedrick, pro se, seeks a writ of mandamus seeking to compel Judge Cookman to rule upon a pending case.

28. State of WV v. Leonard A. Ellinger, Jr., No. 010255 (filed 1/12/01).

Ellinger, pro se, seeks an appeal of his conviction of Kidnaping alleging that his sentence is invalid. Petitioner argues that he should have been sentenced to 10-30 years instead of life with mercy.

29. State of WV v. James M, Loyd, No. 010024 (filed 1/24/01).

Loyd, pro se, filed a Petition for Appeal. Petitioner asserts he received an excessive sentence upon his guilty plea based upon the plea agreement, his age, the facts of this case, and his prior record.

30. State of WV v. Scott A. Vancamp, No. 010529 (filed 3/12/01).

Vancamp, by counsel, seeks an appeal of a 1 to 10 year sentence for Breaking and Entering. Petitioner asserts that his sentence is excessive based upon the plea agreement and the facts of the case.

31. State of WV v. Larry Hayes, No. 002761 (filed 12/29/00).

Hayes appeals an Order by the Circuit Court of Harrison County in which the Defendant was found guilty by a jury of the offenses of First Degree Sexual Abuse and Conspiracy to Commit Sexual Abuse by a Parent or Guardian.

32. In the Matter of Jerry F., Jr., Jerena F. and Shadow F., No. 010623 (filed 4/3/01).

Mother appeals the termination of her parental rights.

33. In the Matter of Jerry F., Jr., Jerena F. And Shadow F. No. 010624 (filed 4/3/01).

Father appeals the termination of his parental rights.

34. In the Matter of : Hope H., et al., No. 010546 (filed 3-14-01).

The father appeals the termination of his parental rights, claiming that the court erred because the Dept. Failed to provide clear and convincing evidence that the father had abused and neglected his children, ad that the father was denied effective assistance of counsel.

35. In the Matter of Kimberly Ann Q., No. 010562 ( filed 3-19-01).

The father appeals the termination of his parental rights, claiming that the court erred in that termination was based solely on hearsay evidence, and that the court denied the parents the right to present evidence at the adjudicatory hearing on October 22, 1999. Related to case #010628.

36. In the Matter of Kimberly Ann Q., No. 010628 (filed 4-4-01).

The mother appeals termination of her parental rights, claiming that the court erred in that the it failed to consider granting her a six month post-dispositional improvement period. Related to case #010562.

37. In the Matter of : Jonathan C., No. 010591 (filed 3-26-01).

The mother appeals the termination of her parental rights, claiming that the trial court erred in failing to order a less drastic alternative and in failing to require the Dept. to follow proper procedure in evaluating the maternal grandmother for placement of the child.

38. In the Matter of Bobby T., et al., No. 010625 (filed 4-4-01).

The father appeals the termination of his parental rights, claiming that the court erred in that the court abused its discretion by allowing hearsay testimony, by terminating the father’s parental rights absent clear and convincing evidence, by terminating the father’s parental rights when the Dept. failed to provide proper remedial and reunification services, and by ordering the report of the father’s expert to be circulated to all counsel.