1. In the Matter of: Tonjia M., No. 020028

Father appeals the termination of his parental rights, asserting the following assignments of error: (1) The circuit court erred in concluding that father sexually abused his daughter in light of expert witness testimony; (2) The circuit court erred in denying the father’s motion for a six month out of home post-adjudicatory improvement period; (3) The circuit court erred in denying supervised visitation with the infant child throughout the fifteen months the case was pending before the circuit court; (4) The circuit court erred in permitting the admission of photographs into evidence when the roll of film from which the pictures came from was not properly documented on the search warrant receipt and the infant child was unable to view the undeveloped roll of film.

2. In the Matter of: Carlotta L., No. 020040

Mother appeals the termination of her parental rights, asserting that the circuit court abused its discretion by refusing to grant the mother’s request for a six-month dispositional improvement period without proper consideration of the age of the mother.

3. In the Matter of: Casey H., No. 020071

Mother appeals the termination of her parental rights, asserting that the circuit court erred in making the following findings: (1) Return of the infant is not in infant’s best interests; (2) Reasonable efforts were made by the DHHR; (3) Reunification did not occur due to the mother’s failure to participate in her case plan; (4) Mother failed to successfully complete her post-adjudicatory improvement period.

4. In the Matter of: Lauren M. and Renee M., No. 020183

Father appeals the termination of his parental rights, asserting that the circuit court erred in terminating his parental rights, in imposing a permanent restraining order preventing father from contact with his wife and children, in denying his motion for a post adjudicatory improvement period and in denying his motion for an independent psychological evaluation. 

Refuse 5-0

5. SER Jimmy Yeager v. WV Board of Probation and Parole, No. 011416

Petitioner, pro se, filed a Petition for a Writ of Habeas Corpus in which he asserts the following (1) The Parole Board failed to sent copies of all documents and material to be used at the parole board hearing to determine release on parole; (2) The Parole Board focused on incidents which were not based on petitioner’s incarceration; (3) The Parole Board failed to follow controlling statutes and regulations and acted an arbitrary and capricious fashion by dwelling on past criminal records; (4) The Parole Board’s decision to deny parole was based upon judicial, official and community sentiment, which petitioner is unable to change or modify; (5) Petitioner has met the requirements necessary for release on parole; (6) The Parole Board focused on the negative issues and did not consider Petitioner’s positive factors.

6. SER Robert L. Nicholas v. WV Board of Probation and Parole, No. 011203

Petitioner, pro se, filed a Petition for a Writ of Habeas Corpus in which he asserts the following (1) The Parole Board failed to sent copies of all documents and material to be used at the parole board hearing to determine release on parole; (2) The Parole Board focused on incidents which were not based on petitioner’s incarceration; (3) The Parole Board failed to follow controlling statutes and regulations and acted an arbitrary and capricious fashion by dwelling on past criminal records; (4) The Parole Board’s decision to deny parole was based upon judicial, official and community sentiment, which petitioner is unable to change or modify; (5) Petitioner has met the requirements necessary for release on parole; (6) The Parole Board focused on the negative issues and did not consider the positive. Petitioner requests that legal counsel be appointed for him. Petitioner also requests that he be immediately released on parole.

7. SER Lenvel A. Spencer, Jr. v. Cabell County Circuit Court, No. 011374

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the Cabell County Circuit Court to rule on his Complaint filed against Romey S. Swanson and David Green, employees of Hands Extended Inc. Midway Housing Program, filed on 9/20/00 (Civil Action No. 00-C-751), and to rule upon other pending motions pertaining to that complaint.

8. SER Richard Barnes v. Paul M. Blake, Jr. , No. 011182

Barnes, pro se, seeks a Petition for a Writ of Mandamus seeking to compel the Prosecuting Attorney, Paul M. Blake, Jr., to provide him with a copy of a C.I.B. report.

9. SER Ronald D. Carpenter v. Paul Zakaib, Judge, No. 010965

Petitioner, pro se, filed a Petition for a Writ of Mandamus in which to compel circuit court to produce a Final Order from an Omnibus Habeas Corpus hearing held on 5/6/98.

Grant 5-0
 unless sooner mooted

 

10. SER Robert E. Daily v. Charles King, Judge, No. 011186

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel circuit court to enter an Order dismissing petitioner’s pro se Petition for a Writ of Habeas Corpus containing findings of fact and conclusions of law for each issue raised.

11. SER Jeremy Smith v. Kanawha County Circuit Court, No. 011410

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the Kanawha County Circuit Court to rule upon a Motion for Reduction of Sentence filed on 5/9/01.

12. SER Eugene Blake v. Williams Haines, Warden, No. 011000

Petitioner, pro se, filed a Petition for a Writ of Prohibition seeking to prohibit the enforcement of a 4/3/97 Ohio County Circuit Court Order in which Blake was sentenced to Life with Mercy and a 3-10 year sentence for abduction and assault and a 2-10 year sentence for assault. Blake asserts that his guilty plea should be found to be invalid because he was not properly informed of the possible sentence that would be imposed. Petitioner asserts that he should be eligible for parole because his plea agreement stated that Petitioner would be eligible for parole after 15 years. Petitioner also asserts that he was prejudiced by his counsel’s failure to reveal his family relationship with the victim’s family.

13. SER Charles Canterbury v. William Haines-Warden, No. 011557

Petitioner, pro se, filed a Petition for a Writ of Habeas Corpus asserting that he is entitled to the restoration of good time.

14. SER Roundtree Goodman v. Howard Painter, No. 011391

Petitioner filed a Petition for a Writ of Habeas Corpus in which he asserts (1) he is innocent of the First Degree Murder conviction for which he was sentenced to Life without Mercy; (2) his confession was coerced by the police officers by force; (3) his trial attorney was denied a copy of the police report; (4) the prosecuting attorney suppressed evidence which would have proved his innocence; and (5) the prosecuting attorneys knowingly used perjured testimony to convict petitioner.

Petitioner, pro se, filed a Petition for a Writ of Habeas Corpus in which he asserts that the circuit court committed a double jeopardy violation by sentencing him to two counts of sexual assault.

16. SER Thomas L. Lewis v. Howard Painter, Warden, No 011390

Petitioner, pro se, filed a Petition for a Writ of Habeas Corpus in which he asserts that West Virginia Code § 61-8B-3 is unconstitutional as it contradicts West Virginia Code § 62-12-3(a). Petitioner also asserts that West Virginia Code § 61-8b-3 fails to provide eligibility for parole.

17. SER William H. Cecil, III v. Howard Painter, Warden No. 011299

Petitioner, pro se, filed a Petition for a Writ of Habeas Corpus asserting the following claims: (1) ineffective assistance of counsel and (2) physical assault by police officers at Mt. Olive Correctional Center.

18. Michael A. Williams and Gregory Mitchell v. William S. Haines, Warden, et al., No. 010967

Petitioners, pro se, seek a writ of habeas corpus asserting that Huttonsville Correctional Center is in direct violation of the West Virginia Fire Code § 29-3-5.

19. SER Michael A. Williams v. WV Department of Corrections, No. 011138

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the Kanawha County Circuit Court to force the Director of Legal Services of the Department of Corrections to respond and produce confidential information used to sanction petitioner in a Disciplinary Hearing at Huttonsville Correctional Center for a rule violation that petitioner committed while at Huttonsville Correctional Center. Petitioner further asserts that the hearing officer at his disciplinary hearing failed to independently assess the reliability of a confidential informant who testified against him. In a 9/11/01 Supplement to this Petition, Williams asserts that the Commissioner of Corrections did not have the authority to charge inmates rent money before Senate Bill 177 was passed on 3/11/01.

20. SER Michael A. Williams v. William Haines-Warden, No. 011850

Petitioner, pro se, filed a Petition for a Writ of Habeas Corpus in which he asserts the following: (1) The WV Division of Corrections is allowing unit magistrates to interpret Policy Directives as they see fit; (2) The Department of Corrections is allowing unit magistrates to hold rule violations for months at a time; (3) There is unfairness associated with magistrate hearings based upon magistrates’ failure to act as independent decision maker; (4) The correctional officers are issuing rule violations at an alarming rate; (5) Department of Corrections is denying petitioner and other prisoners meaningful rehabilitation. Additionally, petitioner requests an omnibus habeas corpus hearing.

Grant 3-2
(Davis, C. J., Maynard, J.)

21. SER Michael A. Williams v. William Haines, Warden, No. 020180

Petitioner, pro se, appeals the circuit court’s order dismissing consolidated habeas corpus claims. These claims challenged the constitutionality of his institutional conviction for assault on another inmate which resulted in his loss of a year of good time credit, his transfer from the Huntington Work Release Center to Huttonsville and the increase of his institutional classification to "5".

22. SER Michael A. Williams v. William Haines, Warden, No. 011980

Petitioner, pro se, files a petition for mandamus and prohibition seeking unspecified relief in regard to his petition for habeas corpus pending before the circuit court of Randolph County. Since the filing of this original jurisdiction matter, the circuit court has entered a final order in regard to that underlying habeas petition, which appears to render this action moot.

23. State of West Virginia v. Donna Manley, No. 011663

Petitioner, convicted by guilty plea, appeals amended sentencing order which sentences her to serve not less than one (1) year nor more than ten (10) years each for five counts (Counts 2, 4, 6, 8, 10 of 00-F-95) of felony forgery, not less than one (1) nor more than ten (10) years each for five counts (Counts 3, 5, 7, 9, 11 of 00-F-95) of felony uttering, not less than one (1) year nor more than ten (10) years for one count of conspiracy to commit a felony (Count 1 of 00-F-99) , not less than one (1) year nor more than ten (10) years for one count of felony forgery (Count 2 of 00-F-99), and not less than one (1) year nor more than ten (10) years for felony uttering (Count 3 of 00-F-99), and not less than one (1) year nor more than fifteen (15) years for felony burglary (Count 1 of 00-F-103). Petitioner’s sentences for Counts 2, 3, 4, 5, 6, 7 of 00-F-95 are to be served consecutively. The remaining counts are to be served concurrently, with credit of 133 days for time served. Petitioner asserts that her sentence is unconstitutional based upon failure to be proportionate with her co-defendants who received suspended sentences.

Petitioner appeals circuit court’s denial of motion to dismiss six count indictment with prejudice pursuant to the West Virginia Agreement on Detainers Act, W.Va. Code §62-14-1. After the denial of this motion, Petitioner entered into a plea agreement which resulted in his conviction of four (4) counts of felony breaking and entering, but reserved his right to appeal the decision of the circuit court to deny the motion to dismiss for failure of the State to try Petitioner within the 180 day time limits of the Act.

Grant 3-2
(Davis, C. J., Maynard, J.)

25. State of West Virginia v. Martin Sada, No. 012029

Petitioner appeals the circuit court’s order following jury’s guilty verdict sentencing him to not less than two (2) years nor more than ten (10) years for malicious wounding, to be served concurrently with a twelve (12) month jail sentence for domestic battery and consecutively with a definite term of two years for wanton endangerment. He received credit for 214 days already served. He challenges 1) the circuit court’s ruling allowing 404 (b) evidence used to show domestic abuse of a former girlfriend and 2) sufficiency of the evidence.

26. State of West Virginia v. Walter Lee Swafford, II, No. 012452

Petitioner appeals his conviction, upon his third trial in this matter, for first degree murder, one count of aggravated robbery and one count of conspiracy to commit a felony. He asserts that 1) the prosecuting attorney improperly alluded to petitioner’s refusal to testify at his trial during closing arguments; 2) this re-trial was barred by Double Jeopardy; and 3) the circuit court erred in refusing to strike a juror for cause.

27. State of West Virginia v. Jacob Larese, No. 012534

Petitioner appeals his sentence of not less than one (1) or more than ten (10) years based upon his guilty plea to one felony count of False Pretenses, asserting that the sentence was disproportionate to his crime.

Refuse 5-0

28. State of West Virginia v. Michael McCabe, No. 012590

Petitioner appeals conviction, based upon jury verdict, of third degree sexual assault, seeking new trial. Petitioner was sentenced to not less than one (1) nor more than (5) years in the penitentiary and to pay court costs. Petitioner challenges his conviction based upon circuit court’s ruling which allowed State to introduce Rule 404 (b) evidence in regard to Petitioner’s conduct in regard to a minor female in another state, which was never the subject of a criminal charge.

Petitioner appeals the circuit court order affirming the decision of the West Virginia Education and State Employees Grievance Board which affirmed the decision of the Board of Trustees of the State College System/Marshall University to deny the Petitioner’s tenure at Marshall University.

Grant 3-2
(Davis, C. J., Maynard, J.)

30. Rebecca Lynn Carroll v. Michael Joseph Baker, No. 012323

Petitioner appeals the circuit court order affirming the Family Law Master’s denial of her motion to set aside an agreement wherein she would not seek additional child support from the Respondent. Petitioner asserted as basis for the motion to set aside the prior agreement that she had subsequently discovered that her child has juvenile diabetes.

31. SER Terry Lynn Watson v. William S. Haines, Warden, No. 012413

Petitioner, sentenced to life due to recidivist statute and malicious assault against his wife, appeals the circuit court order denying habeas relief. Petitioner, who was afforded an Omnibus Hearing on the issue of ineffective assistance of counsel, asserts that he established the right to habeas relief based upon ineffective assistance of his trial counsel and other grounds. Petitioner asserts that the circuit court erred in denying habeas relief.

32. Robert W. Faris & Carmella Faris v. Harry Green Chevrolet, Inc., No. 012445

Petitioners, plaintiffs below, appeal from the circuit court order denying their motion for a new trial based upon inadequacy of the jury’s verdict in their personal injury suit against Respondents.

Grant 3-2
(Davis, C. J., Maynard, J.)

33. In the Matter of: Douglas V., No. 011826

Father, incarcerated, appeals the termination of his parental rights to his daughter, asserting error based upon failure of his guardian ad litem to appear for dispositional hearing.

34. In the Matter of: Palma L., No. 012497

Mother appeals circuit court order denying her motion for a post-adjudicatory improvement period.

Mother appeals denial of post-adjudicatory improvement period and termination of her parental rights.

36. Reuben Simoyi v. Priscah Simoyi, No. 011226

Petitioner, a divorce litigant, appeals circuit court’s order of 2-16-01 which denies his motion to recuse the Family Law Master.

37. In the Matter of Brooke A. B and Alison C.F., No. 012593

Guardian ad litem and West Virginia Department of Human Resources appeal circuit court order granting improvement periods to parents in child abuse and neglect case.

Refuse 3-2
(Davis, C. J., Maynard, J.)

38. Everett Leon Stout v. Branch Bank & Trust Co., No. 012628

Stout, pro se, filed a Petition for Appeal of a 1/7/02 Order entered by Judge Gary L. Johnson in which Judge Johnson ordered the foreclosure sale of property. Stout requests that this Court enter a Stay of the sale of the property.

39. In the Matter of: Destiny H., No. 02-018 (Pre-petition application for stay)

Guardian ad litem representing baby in abuse and neglect proceeding files an emergency application for stay of circuit court’s order to return baby from DHHR custody to the custody of the mentally impaired mother, a transient Florida resident. DHHR joins the motion for stay. Counsel for respondent mother opposes stay. Baby will be returned to Mother on February 25 under current circuit court order.