Defendant below appeals circuit court order denying her motion for new trial based upon allegations of juror prejudice in a suit to enforce a mechanics’ lien suit against her.

2.  Frankie Mayes, Admin. for Estate of John Dalton v. Vernon Dalton et. al., No. 073929 (Filed 12/28/07)

Administratrix/daughter of decedent appeals circuit court order affirming the County Commission’s adoption of the recommendations of the fiduciary commissioner regarding her father’s estate.

3.  Stella Alford v. Frankie Mayes, No. 073930 (Filed 12/28/07)

Administratrix/daughter of decedent appeals circuit court order affirming the County Commission’s adoption of the recommendations of the fiduciary commissioner regarding her father’s estate. 

Landowner appeals circuit court order granting preliminary injunction to petitioners below to allow them to use easement across land in question, arguing that the circuit court erred in granting the injunction as the easement is invalid because it was not created until three weeks after Landowner purchased the property at auction and executed binding contract of sale for property.

Petitioner appeals circuit court order affirming Family Court order placing domestic violence protective order against him. 

Prisoner seeks habeas corpus to institute charges against two prison employees for alleged offenses and to bar transfer back to that facility.

Deferred

7.  SER Shawn W. Hill v. Thomas McBride Warden, No. 073928 (Filed 12/28/08)

Defendant seeks issuance of a writ of habeas corpus arguing involuntary guilty plea based upon police misconduct.

Defendant seeks issuance of writ of habeas corpus, arguing that she is entitled to a Zain III habeas corpus proceeding.

Petitioner seeks a writ of mandamus to compel the circuit court to set a timetable for briefs and motions, to order the circuit court to require his attorney to respond to him and to appoint a private investigator. 

Deferred

Defendant seeks issuance of a writ of mandamus against court reporter arguing that he has not received portions of the trial transcript in his underlying criminal case.

11.  SER Henry Wilks v. Hon. Jay Hoke, No. 071606 (Filed 12/4/07)

Defendant seeks issuance of a writ of mandamus arguing that circuit court has not scheduled omnibus hearing in underlying habeas corpus matter.

Deferred

12.  In the Matter of: Bryson L., No. 071607 (Filed 12/07/07)

Father appeals circuit court order terminating his parental rights. 

13.  In the Matter of: Laura and Logan L., No. 073677 (Filed 12/10/07)

Father appeals circuit court order terminating his parental rights.

 14.  In the Matter of: Hallie C. & James S., No. 073693 (Filed 12/12/07)

Father appeals circuit court order terminating his parental rights.

 15.  In the Matter of: Kaleigh D. and Stefan D., No. 073699 (Father’s Petition) (Filed 12/12/07)

Father appeals circuit court order terminating his parental rights.

Mother appeals circuit court order terminating her parental rights.

 17.  In the Matter of: Skyelan H., Earl K, Jr., Mersadies K and Cody K., No. 073803 (Filed 12/18/07)

Mother appeals circuit court order terminating her parental rights. 

18.  In the Matter of: Victoria B., No. 080086 (Filed 1/11/08)

Mother appeals circuit court order terminating her parental rights.

 19.  In the Matter of: Barbara, Jerry, Thomas E., Samantha, and Michelle L., No. 080096 (Filed 1/11/08)

Mother appeals circuit court order terminating her parental rights. 

20.  In the Matter of: Christine N., Samantha S. and Gwendolyn S., No. 080237 (Filed 1/25/08)

Mother appeals circuit court order terminating her parental rights. 

21.  State of West Virginia v. Joseph Phillips, No. 073614 (Filed 12/5/07)

Petitioner/Defendant appeals his sentence of one to five years in prison following his guilty plea to third offense domestic violence. He also argues that his rights are being violated while he awaits transport to the prison in the regional jail. 

Petitioner appeals the denial of his petition for writ of habeas corpus, alleging ineffective assistance of counsel, violation of his Fourth Amendment rights, violation of his Fourteenth Amendment rights, violation of his Sixth Amendment rights, and violation of his Eighth Amendment rights.

Petitioner seeks issuance of writ of habeas corpus, arguing ineffective assistance of counsel, "triple jeopardy," that the juvenile victims in the case should have been charged as well, that marijuana should not be classified as a Schedule I drug because 12 states have recognized its medical use, and that he should be given the rights of a prisoner of war given the "War on Drugs."

 24.  SER William H. Cecil, III v. Greenbrier County Circuit Court, No. 073880 (Filed 12/5/07)

Petitioner seeks the issuance of a writ of mandamus to compel the court to take action on his habeas corpus petition.

Petitioner seeks the issuance of a writ of mandamus ordering that he be transferred to the penitentiary from the McDowell County Correctional Center.

Petitioner seeks the issuance of a writ of mandamus ordering that he be transferred to the penitentiary from the McDowell County Correctional Center. 

Petitioner seeks habeas relief and default judgment under 42 U.S.C. § 1983. He also seeks the issuance of a writ of mandamus compelling the court to take action in his pending habeas corpus petition below.

 28. SER Thomas Bartley v. David Ballard, Warden, No. 073488 (Filed 11/20/07)

Petitioner seeks to challenge the DOC’s authority to implement a tobacco ban in Mount Olive.

 29. SER Luther Basham et al. v. David Ballard, Warden, No. 073898 (Filed 12/26/07)

Petitioners seek a writ of prohibition and injunctive relief, challenging the DOC’s authority to implement a tobacco ban in Mount Olive.

 30.  In the Matter of: Brandon B., Amanda B., and Torie B., No. 073231 (Filed 10/29/07)

Petitioner/Father appeals the termination of his parental rights, arguing that the court erred and abused its discretion in not requiring the children to testify and submit to independent evaluations.

31.  In the Matter of: Timothy H., No. 073416 (Filed 11/20/07)

GAL appeals the court’s decision to grant an extended dispositional improvement period and to not terminate parental rights.

32.  In the Matter of: Franklin W., No. 073418 (Filed 11/20/08)

Petitioner/Father appeals the termination of his parental rights, arguing that the court erred in adjudicating him as an abusing parent and in ruling that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.

Petitioner/Mother appeals the termination of her parental rights.

Petitioner/Mother appeals the court’s order refusing to place her child with Grandparents/Intervenors after Petitioner/Mother’s parental rights were terminated.

35.  In the Matter of: Lora Lynn G., No. 073648 (Filed 12/7/07)

Petitioner/Mother appeals the termination of her parental rights.

36.  In the Matter of: Alysia Erin C. & Clarissa Ann C., No. 073678 (Filed 12/11/07)

Petitioner/Grandmother appeals the lower court’s ruling that she did not have standing to challenge DHHR’s termination of visitation with her grandchildren.

37.  In the Matter of: Mariah B., Alexandria B. & Mathew B., No. 073695 (Filed 12/12/07)

Petitioner/Mother appeals the termination of her parental rights, arguing that the court failed to consider the totality of the circumstances.

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