Writ Conference
Thursday, April 29, 2004
1. Thomas R. Harless v. The United States Department of Justice, FBI, No. 032686 (Filed 12/10/03)
Discharged federal employee seeks issuance of a writ of certiorari for relief from circuit court order reversing award of unemployment benefits to employee.
Refuse 5- 0
2. In the Interest of: Tracy L., No. 032098 (Filed 9/25/03)
Juvenile adjudged as a delinquent child based upon jury finding that he committed acts which would have been a battery upon a police officer and obstruction of an officer if he was an adult seeks a new trial.
Refuse 5- 0
3. State of West Virginia v. James Julius Jackson, No. 032127 (Filed 9/30/03)
Defendant appeals circuit court order sentencing him to five years of probation for no contest pleas for failure to pay child support and uttering.
Refuse 4-1
(Starcher, J.)4. State of West Virginia v. Charles Rollins, No. 032205 (Filed 10/7/03)
Defendant, convicted by guilty plea of false pretenses and fraudulent schemes, appeals circuit court order sentencing him to serve concurrent one to ten year sentences.
Refuse 5- 0
5. State of West Virginia v. Charles Helmick, No. 032347 (Filed 10/14/03)
Defendant appeals circuit court order denying his motion for reconsideration of sentence.
Refuse 5- 0
6. State of West Virginia v. Jamie Allen Wooten, No. 032337 (Filed 10/23/03)
Defendant, convicted by guilty plea, appeals circuit court order denying probation but granting his motion for reconsideration and reducing his sentences so as to limit period of incarceration to no less than 20 and no more than fifty years for the seventeen counts of sexual abuse crimes, arguing that the length of incarceration is disproportionate.
Refuse 5- 0
7.. State of West Virginia v. Stacey K. Jarvis, No. 032462 (Filed 11/13/03)
Defendant, convicted by guilty plea, appeals sentence of forty years in prison for accessory to aggravated robbery, asserting that the sentence violated her Eighth Amendment protections.
Refuse 5- 0
8. State of West Virginia v. Theodore Green, III No. 032585 (Filed 11/24/03)
Defendant, convicted by guilty plea of attempt to commit a felony, seeks issuance of a writ of prohibition against the circuit court which sentenced Defendant to the Anthony Center in lieu of one to three year years in prison, arguing that the circuit court impermissibly interfered with the prosecutorial discretion of the county prosecutor by refusing to allow the dismissal of the indictment against Defendant.
Refuse 3-2
(Starcher, J., Albright, J.)9. State of West Virginia v. Aaron Lewis, No. 032667 (Filed 12/8/03)
Defendant, convicted by jury of fleeing and other crimes relating to traffic accident involving injured state trooper, appeals circuit court order sentencing him to consecutive sentences of three years and 110 days, arguing multiple evidentiary errors during his trial.
Refuse 5- 0
10. State of West Virginia v. Eric Scott Belcher, No. 032743 (Filed 12/5/03)
Defendant, who pled guilty to unlawful wounding, appeals circuit court order sentencing him to one to five years in prison and denying his motion for probation, arguing that the circuit court erred in refusing probation when he had no prior criminal record and expressed contrition at sentencing.
Refuse 5- 0
11. R.W. Dick v. Kenneth Y., Juvenile, No. 032747 (Filed 12/15/03)
Juvenile, adjudged to be delinquent, appeals circuit court order placing him in the custody of Division of Juvenile Services and ordering him to be placed in the Industrial Home for Youth for one year.
Grant 5- 0
12. State of West Virginia v. Don Haymon, No. 032794 (Filed 12/22/03)
Defendant appeals circuit court order enhancing his sentence for Possession with Intent to Deliver based upon prior felony conviction, arguing that the enhancement made the sentence disproportionate.
Refuse 5- 0
13. State of West Virginia v. Charles Rollins, No. 032797 (Filed 12/22/03)
Defendant, convicted by jury of fraudulent schemes and conspiracy to commit fraudulent schemes, appeals circuit court order sentencing him to serve indeterminate 1-10, indeterminate 1-5, to run concurrently to each other and concurrently with another case but consecutive to sentences for another case based upon guilty plea.
Refuse 5- 0
14. State of West Virginia v. Charles Wade Parsons , No. 040122 (Filed 1/12/04)
Defendant, convicted of DUI, third offense by guilty plea, appeals circuit court order sentencing him to serve indeterminate 1-3 years in prison, arguing that his sentence was excessive and disproportionate.
Refuse 5- 0
15. State of West Virginia v Ernest Orville N., No. 040174 (Filed 1/15/04)
Juvenile appeals circuit court order committing juvenile to the Division of Juvenile Services for placement at the Industrial Home for Youth.
Refuse 4- 1
(Starcher, J.)16. Thomas Earl Dunn v. Howard Painter, Warden, Mt. Olive, No. 031771 (Filed 8/18/03)
Defendant, convicted by jury of first degree murder with a recommendation of mercy, appeals circuit court order denying his petition for writ of habeas corpus.
Refuse 5- 0
17. Charles James v. Carl L. James, Carl W. and Lori James et al, No. 031852 (Filed 8/25/03)
Plaintiff in will contest appeals circuit court order denying Plaintiff’s motion for summary judgment and granting Defendants’ Rule 12 (b) (6) motion and dismissing the cause of action, based upon finding that the decedent’s second will was controlling as to distribution of estate.
Refuse 5- 0
18. John D. Hammond v. William Fox, Admin , No. 031995 (Filed 9/9/03)
Defendant appeals circuit court order denying his habeas corpus petition following omnibus hearing.
Refuse 4- 1
(Starcher, J.)
19. Donna Murphy v. Tammy M. Stone, No. 032357 (Filed 10/27/03)
Defendant appeals circuit court order directing Sheriff to evict her from premises owned by Respondent.
Refuse 5- 0
20. Roger McKinney v. William S. Haines, Warden, No. 032392 (Filed 11/14/03)
Habeas petitioner appeals circuit court order denying his habeas corpus petition.
Refuse 5- 0
21. SER Danette (Burnette) Pauley v. Dale Humphreys, Warden, Lakin, No. 031133 (Filed 4/25/03)
Defendant, sentenced to life without mercy based upon guilty plea to first degree murder, seeks issuance of a writ of habeas corpus, arguing that she received ineffective assistance of counsel and lack of due process because she was not advised of her right to appeal her sentence.
Returnable Below
22. SER Richard A. Melton v. Evelyn Seifert, Warden, Northern Regional, No. 030913 (Filed 5/12/03)
Defendant, convicted of crimes in multiple counties, seeks issuance of a writ of habeas corpus alleging that the warden and parole board are improperly preventing him from receiving timely parole consideration due to misinterpretation of sentencing orders as requiring consecutive rather than concurrent sentences.
Refuse 5- 0
Moot
23. SER Robert Barbour v. Evelyn Seifert, Warden, Northern Regional, No. 031481 (Filed 6/26/03)
Prisoner seeks issuance of a writ of habeas corpus arguing that he is not receiving proper mental health care in the regional jail facility where he is incarcerated and requesting transfer to Mt. Olive Correctional Complex.
Refuse 5- 0
Moot
24. SER Michael L. Province v. Thomas McBride, Warden, No. 031579 (Filed 7/1/03)
Defendant seeks issuance of a writ of habeas corpus to allow him to pursue appeal of criminal conviction.
Refuse 5- 0
Moot
25. SER Larry L. Lemasters v. Wetzel County Circuit Court, No. 031581 (Filed 7/8/03)
Defendant seeks issuance of writ of mandamus to require ruling by circuit court on underlying habeas corpus petition.
Deferred
26. SER George B. Anderson v. Ohio County Circuit Court, No. 031719 (Filed 8/5/03)
Defendant seeks issuance of a writ of mandamus seeking action in his underlying habeas corpus action.
Returnable Below
27. SER Matthew P. Bolen v. Cabell County Circuit Court, No. 032067 (Filed 9/11/03)
Defendant seeks issuance of a writ of mandamus seeking copies of documents and transcripts from circuit clerk.
Deferred
28. 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.
Refuse 4- 1
(Albright, J.)
031081 (Filed 5/23/03)29. SER Thomas Casey v. William Haines, Warden, No.
Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that he was wrongfully denied parole.
Refuse 5- 0
Moot
30. SER Bryant O., et al. v. Timothy Bowen, Administrator, No. 031657 (Filed 8/6/03)
Petitioners/Inmates seek the issuance of a writ of habeas corpus alleging that the administration at the North Central Regional Jail has violated inmates’ rights.
Refuse 5- 0
Moot
31. 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.
Refuse 5- 0
32. SER Franklin E. Carter v. Judge Jay Hoke, No. 022081(Filed 9/24/02)
Petitioner/Inmate seeks issuance of writ of mandamus, compelling the Circuit Court of Lincoln County to appoint Petitioner/Inmate new counsel and conduct an omnibus hearing in regard to Petitioner/Inmate’s petition for writ of habeas corpus.
Deferred
33. SER George W. Eplin v. Lincoln County Circuit Court, No. 031022 (Filed 5/13/03)
Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Lincoln County to provide Petitioner/Inmate with requested copies of transcripts.
Refuse 5- 0
Moot
34. SER Thomas A. Dowell v. Evelyn Seifert, Warden, No. 031589 (Filed 7/7/03)
Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that good time was wrongfully taken away from him.
Refuse 5- 0
35. Marvin Lee Miller v. Jennifer Meadows, Court Reporter, No. 031592 (Filed 7/17/03)
Petitioner/Inmate seeks issuance of writ of mandamus to compel the respondent court reporter to furnish him with a copy of his transcripts.
Refuse 5- 0
Moot36. 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.
Refuse 5- 0
37. 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.
Refuse 5- 0
38. In the Matter of: Brittany B.; Anthony R., Jr.; and Virginia R., No. 032433 (Filed 1/12/03)
Petitioner/Mother appeals the termination of her parental rights, alleging that the circuit court erred in terminating Petitioner/Mother’s parental rights because it is in the best interest of the children for her to retain custody of the children; in terminating Petitioner/Mother’s parental rights as the case plan’s goal to reunify the family has been delayed by DHHR’s failure to provide a meaningful improvement period; by overruling the objection of Petitioner/Mother’s counsel to continue the Dispositional Hearing without Petitioner/Mother being present and then erred again in denying Petitioner/Mother’s Motion to Reconsider; and in terminating Petitioner/Mother’s parental rights because the neglect that occurred did not rise to the level required to terminate parental rights, and a less restrictive disposition should have been ordered.
Refuse 5- 0
39. In the Matter of: Kenneth W., Jefferson W., and Isaac K., No. 032436 (Filed 11/12/03)
Petitioner/Mother appeals the termination of her parental rights arguing that the circuit court erred in not transferring venue of this case when neither the parents nor the children had any ties to Marion County, except for the fact that they were involved in an automobile accident in Marion County; in finding the children were abused or neglected based upon Petitioner/Mother’s hospitalization and the children’s attire following an automobile accident; and in terminating Petitioner/Mother’s parental rights based upon her use of prescribed medications.
Refuse 5- 0
40. In the Matter of: Dreu F., III, No. 032543 (Filed 11/21/03)
Petitioner/Father appeals termination of his parental rights, arguing that the circuit court erred in speculating that Petitioner/Father and/or Jessica F. violated any statute under West Virginia Code Chapter 49, or any other statute or provision, and, consequently, erred in determining that Dreu F., III, is an abused and neglected child.
Refuse 5- 0
41. In the Matter of: Johnny Ray S., Jr., No. 032731 (Filed 12/12/03)
Petitioner/Mother appeals the termination of her parental rights arguing that the circuit court erred in violating Petitioner/Mother’s due process rights by failing to provide her an improvement period and in not issuing a sufficient order terminating parental rights.
Refuse 5- 0
42. In the Matter of: Johnny Ray S., Jr., No. 040239 (Filed 1/29/04)
Petitioner/Father appeals the termination of his parental rights arguing that the circuit court erred in failing to grant Petitioner/Father an improvement period.
Refuse 5- 0
43. In the Matter of: Faith C., Quinton C., and Charitie T., No. 032848 (Filed 12/30/03)
Petitioner/Mother appeals the termination of her parental rights, arguing that the Family Case Plan was timely filed and whether a new post-adjudicatory improvement period would have been better than a post-dispositional improvement period; that Petitioner/Mother received insufficient notice of the hearing on the DHHR’s Motion to Terminate Improvement Period and Parental Rights; that the circuit court abused its discretion in determining that Petitioner/Mother had not "substantially complied" with the terms of her improvement period and in imposing a legally unsupported burden of compliance upon Petitioner/Mother; and that the dispositional hearing was convened without Petitioner/Mother’s presence and without her having been provided sufficient notice of the same.
Refuse 5- 0
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