Supreme Court of Appeals of West Virginia
1. SER James William Berry, Sr. v. Thomas L. McBride, Warden - 30696 - Petitioner asserts that prison officials have violated his constitutional and federal statutory rights such as ADA by placing another person in his handicapped cell when he asserts that it should be a one person cell. Asserting that he is wheelchair bound and should be housed in a separate cell from others due to the limited space, he argues that placing another person in his cell was done to retaliate against him for filing legal actions. He seeks issuance of a writ of habeas corpus against prison officials at Mt. Olive. 2. In Re: Kyiah P. and Joseph P. - 30971 - Guardian ad litem appeals circuit court order dismissing abuse and neglect petition, arguing that the circuit court erred in failing to allow DHHR additional time in which to obtain evidence garnered from another state's investigation of this family and abuse or neglect of prior children outside of West Virginia. 3. In Re: The Marriage of Tammy Sue Caruthers v. Roger Allen Caruthers - 30790 - This is an appeal from an order from a Family Law Master order 1) adopting the Family Law Master's Recommended permanent alimony award in the amount of $1,000; 2) Finds that the Family Law Master did not err, abuse his discretion or was not otherwise clearly erroneously either in granting alimony or in the amount of alimony; 3) denies the exceptions of the Respondent. 4. State of W. Va. v. Joshua Dean Sprague - 30966 - Defendant seeks a reversal of his convictions for escape from a correctional institution, malicious assault on a correctional officer, aggravated robbery and conspiracy to commit escape from a correctional institution. He raises issues of venue, prosecutorial misconduct and insufficiency of the evidence.
- Continued. 5. SER Randy Bailey v. State of W. Va., DOC, et al. - 31148 - Original jurisdiction proceeding in mandamus, wherein the petitioner, who is an inmate at the Huttonsville Correctional Center, seeks
to compel the Division of Corrections to properly calculate the amount of good time credit lost after the imposition of a disciplinary penalty. 6. SER Timothy Feehan v. Hon. James P. Mazzone, Judge - 31149 - Original jurisdiction proceeding in prohibition, in which Feehan, a Virginia lawyer who is the defendant in a civil action below, seeks to
prevent the enforcement of a lower court order denying his motion to dismiss for lack of personal jurisdiction. - Dismissed. 7. SER Charles Canterbury v. Paul Blake, Pros. Atty. - 31150 - Original jurisdiction proceeding in prohibition, wherein the Court, upon renewal of a previously-refused petition, unanimously
issued a rule to show cause, in which the defendant, who was re-indicted in a twenty-count indictment for violations of WV Code 61-3-51, continues to allege that the prosecution is barred under the doctrine of desuetude. The State
responds that it has a duty to proceed, and that the defendant has failed to avail himself of available remedies at the trial court level. 8. (*)A In Re: Gregory Bo L. - 30520 - 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.
Circuit court dismissed petition finding there was no clear and convincing evidence of abuse or neglect. 9. SER Jerry C. Pulley, Jr. v. Hon. Irene C. Berger, Judge, et al. - 31188 - Original jurisdiction proceeding in mandamus, in which an inmate seeks to compel the circuit court to rule on various post-conviction motions.
- Dismissed. 10. SER Weirton Medical Center, et al. v. Hon. James P. Mazzone, Judge, et al. - 31147 - Weirton Medical Center and Lawrence Callahan, M.D. petition this Court for an Original Jurisdiction Writ of Prohibition, seeking to prohibit the effect of the lower court's ruling precluding petitioners from introducing expert evidence at trial concerning the death of Paul Vilga and the ruling that petitioners could introduce only one expert per specialty, such that Dr. Callahan could not express the opinion that his care met the applicable standard of care and also call an emergency medicine expert to testify. Petitioners claim that Judge Mazzone exceeded his legitimate power in so ruling. (*) Justice Albright disqualified
Argument
Docket
Wednesday, April 9, 2003
- Continued.
Wednesday, April 09, 2003