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WRIT CONFERENCE
Wednesday, December 8, 1999
1. In the Matter of: Emily and Amos B., No. 993100 (filed 11-19-99).
WVDHHR appeals the lower court's grant of a “delayed improvement period” to the parents
in an abuse and neglect proceeding. The lower court ordered that the mother's improvement
period begin when she completes a long-term, in-patient substance abuse treatment program,
and ordered that the father's improvement period begin when he completes his federal
sentence for bank robbery (his “good time” release date is in March 2001).
Grant 3-2
(Starcher, C.J., McGraw, J.)
2. State v. Harry Elwood Casey, No. 992570 (filed 9-29-99).
Casey was charged with malicious assault, assault during the commission of a felony, and
burglary. He was convicted of battery and sentenced to six months in jail. He appeals,
arguing that the State failed to rebut his claim of self defense.
Refuse 5-0
3. State v. George Fuson, No. 992625 (filed 9-30-99).
Fuson pled guilty to one count of conspiracy to commit unlawful entry. He was sentenced
to 1 - 5 years in the penitentiary with a credit of 290 days previously served. He appeals,
arguing that his sentence was excessive.
Refuse 5-0
4. State v. Walter Cross, No. 992690 (filed 10-8-99).
Cross appeals his conviction for third offense DUI. He appeals, arguing that his two prior
Ohio convictions could not be used to enhance a third offense DUI charge in West Virginia.
Refuse 5-0
5. State v. Howard Morgan Naylor, Jr., No. 992975 (filed 11-3-99).
Naylor was charged with one count of unlawful wounding, two counts of furnishing alcohol
to a person under the age of twenty-one, and one count of battery. He was convicted of
battery and one count of furnishing alcohol to a person under the age of twenty-one. He was
sentenced to a year in jail for the battery charge and ten days in jail for the furnishing charge,
concurrent. He appeals, arguing that his sentences were excessive, and that the court erred
in preventing him from presenting evidence that the victim attempted to trade marijuana for
drinks. Naylor discharged his sentence on August 9, 1999.
Refuse 5-0
6. State v. Clyde Elkins, No. 993077 (filed 11-16-99).
Elkins was charged with two counts of malicious assault. He pled guilty to one count of
malicious assault and one count of unlawful assault. The lower court sentenced Elkins to
2 - 10 years for the malicious assault charge and 1 - 5 years on the unlawful assault charge,
consecutively. Elkins appeals, arguing that the lower court abused its discretion in
sentencing him to consecutive terms.
Refuse 5-0
7. In the Matter of Wesley A., No. 993098 (filed 11-18-99).
Mother appeals the termination of her parental rights.
ACCEPT
8. In the Matter of: Mary Elizabeth N., No 993320 (filed 12-2-99).
Mother appeals the termination of her parental rights.
Refuse 5-0
9. SER Jay Von Bruton v. Hon. John L. Henning, Judge, No. 993075 (filed 11-12-99).
Von Bruton petitions, pro se, for a Writ of Mandamus, seeking to compel Judge Henning to
respond to motions and petitions filed in the circuit court.
Refuse 5-0
10. SER Jay Von Bruton v. Hon. John L. Henning, Judge, No. 991871 (filed 7-6-99).
Von Bruton petitions, pro se, for a Writ of Mandamus seeking to compel Judge Henning to
appoint counsel other than Kourtney Ryan, Esq.
Refuse 5-0
11. State of West Virginia v. Jay Von Bruton, No. 992732 (filed 10-14-99).
Von Bruton appeals, pro se, the order of the circuit court affirming his conviction in
Magistrate Court on two counts of operating a disposal system without a permit, two counts
of operating a solid waste facility without a permit, and one count of failing to apply for and
obtain a permit to dispose of waste water.
Refuse 5-0
12. SER Jay Von Bruton v. Paul Brady, Sheriff, No. 992473 (filed 9-21-99).
Von Bruton petitions, pro se, for a Writ of Habeas Corpus, seeking to overturn the circuit
court order affirming his conviction in Magistrate Court on two counts of operating a
disposal system without a permit, two counts of operating a solid waste facility without a
permit, and one count of failing to apply for and obtain a permit to dispose of waste water.
Refuse 5-0
13. SER Mark Christopher Heater v. William Hanes,Warden, No. 992437 (filed 8-20-
99) Mark Heater petitions for a Writ of Habeas Corpus, seeking to overturn the circuit court
order which denied his motion for reduction of sentence without an evidentiary hearing. The
petitioner pled guilty to three counts of sexual assault in the second degree, and was
sentenced to three 10-25 year terms to run concurrently.
Refuse 5-0
14. State v. Felicia Hendricks, No. 992463 (filed 9-15-99)
Felicia Hendricks was found guilty of delivery of a schedule II controlled substance and
was sentenced to 1 to 15 years. She appeals her conviction and seeks a new trial on the grounds of insufficient evidence and that the state failed to timely disclose the name of an essential witness.
Refuse 5-0
15. State v. John Harless, No. 992378 (filed 08-05-99).
John Harless was charged with obstructing an officer. Mr. Harless pled not guilty to the charge. The lower court found the petitioner guilty and sentenced him to pay a fifty
dollar fine plus assessed court costs of one hundred and thirty-two dollars. Mr. Harless
now appeals this conviction on the grounds that the court admitted inadmissable hearsay and that State failed to satisfy all of the elements for the offense charged.
Refuse 5-0
16. State v. William Gordon, No. 992401 (filed 07-06-99).
William Gordon had a West Virginia indictment charged against him while he was confined
in a penitentiary located in Pennsylvania. Upon motion by the prosecution, the West Virginia
charges against him were dismissed without prejudice due to his confinement. Petitioner now
argues that the charges against him should have been dropped with prejudice because
his right to a speedy trial was violated.
Refuse 5-0