2. Larry Lee Hayes v. William Fox, Warden, St. Mary’s, No. 022060 (Filed 10/7/02)

Criminal defendant, convicted by jury of First Degree Sexual Abuse and Conspiracy to commit sexual abuse by a parent or guardian, appeals circuit court order denying petition for habeas corpus.

3. Albert Lehosit v. Donald M. Ervin, Admin, Charleston Work Release, No. 022197 (Filed 10/28/02)

Criminal defendant, convicted by guilty plea and sentenced to serve consecutive 1-3 year terms for DUI, third offense, and driving on license revoked for DUI, third offense, appeals circuit court order denying his petition for writ of habeas corpus, alleging failure of State to recommend concurrent sentences as required by plea agreement.

4. SER Jeffrey Alan Lowther v. Evelyn Seifert, Warden, No. 022388 (Filed 11/26/02)

Criminal defendant appeals circuit court order denying his petition for habeas corpus, arguing that the court erred in failing to find ineffective assistance of counsel and involuntariness of his plea bargain.

5. David Ruble v. David Meadows, No. 022407 (Filed 12/3/02)

Defendant in a longstanding property dispute between neighbors appeals circuit court order which held Defendant in civil contempt of a 1988 injunction order which forbade the parties to harass each other, required him to pay more than four thousand dollars ($4,105.00) in attorneys fees and referred the matter to the prosecuting attorney for prosecution of Defendant for criminal contempt.

Refuse 4-1
(Starcher, C.J.)

6. SER James E. Sigley v. Michael Coleman, Warden, No. 020078 (Filed 1/8/02)

Petitioner files a petition for writ of habeas corpus seeking evidentiary hearing, and appointment of counsel.

7. SER James Browning v. William Frederick, Admin., No. 022293 (Filed 11/07/02)

Prisoner, sentenced to forty years for second degree murder, seeks issuance of a writ of habeas corpus, arguing ineffective assistance of counsel in negotiating his guilty plea to second degree murder and involuntariness of plea due to lack of proper information prior to entry of plea.

Deferred

8. SER Ronnie Conley v. Tom B. Scott, Administrator, No. 022300 (Filed 11/7/02)

Criminal defendant seeks issuance of a writ of habeas corpus and mandamus, arguing that the circuit court has failed to rule on his motion for reduction of sentence and his motion for appointment of counsel for appeal of his conviction by jury of Fleeing, DUI, second offense, DUI with unemancipated minor in vehicle and Driving on license revoked for DUI, and reckless driving.

Deferred

9. SER Michael Conn v. Kim Wolfe, Sheriff, No. 022359 (Filed 11/20/02)

Criminal defendant seeks issuance of a writ of habeas corpus, arguing for reconsideration of his current prison sentence of 1-15 years for delivery of crack cocaine and a concurrent 1-5 for conspiracy, and in another case, a consecutive 1-3 years for attempt to commit a felony. He seeks home confinement and argues that there is a dismissed charge of third degree sexual assault on his record that is preventing his release on parole.

Refuse 5-0

10. SER Danny Peck v. William L. Frederick, Admin., 022590 (Filed 12/9/02)

Defendant, convicted of grand larceny by guilty plea and sentenced to 1-10 years, seeks issuance of a writ of habeas corpus, arguing that his guilty plea was not voluntarily made and that he received ineffective assistance of counsel.

Grant 5-0
returnable below for appt. of counsel & omnibus hearing

11. SER Cedric D. Daniel v. William Haines,Warden, No. 022460 (Filed 12/11/02)

Prisoner, sentenced to 18 years for guilty plea to second degree murder and two concurrent 2-10 year sentences for malicious wounding with a firearm, seeks issuance of a writ of habeas corpus against Parole Board, arguing that the Board has improperly calculated his parole eligibility date.

12. SER Julian Smith v. Thomas McBride, Warden, No. 022563 (Filed 12/17/02)

Prisoner seeks issuance of a writ of mandamus against prison administrator due to alleged constitutional violations stemming from failure to house him in a single person cell.

Refuse 3-2
(Starcher, C.J., Albright, J.)

13. SER Steven Dixon v. William Bowman, Administrator, No. 030044 (Filed 1/2/03)

Defendant, sentenced to 1-10 years and 1-5 years for fraudulent use of telephone and taking of another’s identity, seeks issuance of a writ of habeas corpus, arguing ineffective assistance of counsel and involuntary guilty plea.

Refuse 5-0

14. SER William H. Berkley, III v. Thomas McBride, Warden, No. 030045 (Filed 1/2/03)

Defendant, sentenced based upon guilty plea to serve consecutive sentences of 60 years for aggravated robbery and 10-20 for second degree sexual assault, seeks issuance of writ of habeas corpus, alleging that circuit court violated due process and equal protection protections in summarily denying a motion for reconsideration or reduction of sentence following denial of the Defendant’s petition for habeas corpus by the circuit court.

Refuse 5-0

15. SER Billy Kiggins v. Mark Williamson, Warden, No. 030077 (Filed 1/9/03)

Criminal defendant, sentenced to serve 6 months in Regional jail and $100 fine for DUI and to serve indeterminate sentence of 2-10 years for felony forgery of public documents, seeks issuance of a writ of habeas corpus challenging the failure of counsel to move for reconsideration of his sentence.

Refuse 5-0

16. SER Rudolph Galberth v. James Spencer, No. 030153 (Filed 1/27/03)

Criminal defendant seeks issuance of a writ of habeas corpus, alleging involuntariness of guilty plea and ineffective assistance of counsel.

Grant 5-0
returnable below for appt. of counsel to file
 habeas corpus and omnibus hearing

17. SER Michael Forman v. Timothy Bowen, Administrator, No. 030205 (Filed 1/31/03)

Prisoner seeks issuance of a writ of habeas corpus against administrator of facility where he is incarcerated due to alleged beating.

18. SER Franklin Brewer v. Jerry Detrick, Administrator, No. 030209 (Filed 2/4/03)

Defendant seeks issuance of a writ of habeas corpus, requesting an extension of time to allow the circuit court to consider a motion for reconsideration of sentence outside the 120 days allowed by Rule 35 (b).

19. SER Salathiel F. Quesenberry, Jr. v. William Haines, Warden, No. 030210 (Filed 2/4/03)

Prisoner, convicted of two counts of sexual abuse by a parent, one count of 1st degree sexual assault and two counts of 1st degree sexual abuse, seeks issuance of a writ of habeas corpus based upon adverse prison conditions.

20. SER Jesse Norman v. Hon. Lee Schlaegel, No. 020415 (Filed 2/28/02)

Petitioner seeks issuance of mandamus against circuit court, seeking rulings on previously filed petition for mandamus for court file documents and transcripts and petition for writ of habeas corpus in regard to his underlying conviction.

Deferred

21. SER Johnny L. Pack v. Hon. John Hutchinson, Judge, No. 020661 (Filed 3/27/02)

Petitioner seeks issuance of a writ of mandamus against circuit court asserting that no action has occurred since the filing of his petition for habeas corpus on May 25, 2001.

22. SER Christopher A. Miller v. WV Board of Probation, No. 022291 (Filed 11/7/02)

Prisoner seeks issuance of writ of mandamus against West Virginia Parole Board, arguing that the West Virginia Parole Board improperly revoked his parole of his sentence of 1-15 years for burglary based upon technical violations because he left the mission where he was required to stay and based upon hearsay statements that he drank alcohol while on parole.

Refuse 5-0

23. SER Jamal A. Azeez v. State of West Virginia, No. 022166 (Filed 10/30/02)

Prisoner seeks issuance of a writ of mandamus to require circuit court to conduct DNA testing of slides utilized to convict prisoner of underlying sexual charges.

Refuse 3-2
(Starcher, C.J., Albright, J.)
 

24. SER Kelly D. Williams v. WV Board of Probation and Parole, No. 021313 (Filed 10/30/02)

Prisoner seeks issuance of a writ of mandamus against West Virginia Parole Board arguing that the parole board’s decisions denying parole are arbitrary and capricious.

Refuse 4-1
(Albright, J.)

25. SER Rodney A. Stover v. Cathy S. Gatson, Clerk, No. 022336 (Filed 11/18/02)

Prisoner seeks issuance of a writ of mandamus against circuit clerk alleging that the clerk improperly required payment of court fees from his prison account pursuant to the West Virginia Prisoner Litigation Reform Act when said act did not apply to the particular case. Prisoner seeks mandamus ordering reimbursement of said fees.

Refuse 5-0
Moot

 

26. Jerry C. Pulley v. Circuit Court of Kanawha County, No. 022660 (Filed12/9/02)

Criminal defendant seeks issuance of a writ of mandamus against two circuit court judges for failure to rule upon motions to reinstate actions dismissed for failure to prosecute.

Grant 5-0
unless sooner mooted

27. SER Gerald Williams v. James Rubenstein, Commissioner, No. 022555 (Filed 12/16/02)

Prisoner seeks issuance of a writ of mandamus against the Commissioner of Department of Corrections to return prisoner to his prior less restricted status within the prison system, arguing that his status was upgraded to a higher security level because he refused to take medication for depression which he asserts that he no longer needs.

Deferred

28. SER Freeman Joe Runner v. Hon. Alan D. Moats, Judge, No. 022659 (Filed 12/18/02)

Criminal defendant seeks writ of mandamus against circuit court, arguing that circuit court has duty to remove his current appointed counsel and to replace counsel with attorney more experienced in sexual abuse cases.

Refuse 5-0

29. SER Andre Smith v. Thomas McBride, No. 022656 (Filed 12/20/02)

Prisoner seeks issuance of a writ of mandamus against prison administrator due to alleged constitutional violations stemming from failure to house him in a single person cell.

Refuse 3-2
(Starcher, C.J., Albright, J.)

30. SER Roger Cline v. Greenbrier County Circuit Court, No. 022649 (Filed 12/27/02)

Defendant, sentenced to life with mercy after jury conviction of murder, seeks issuance of a writ of mandamus against circuit court to require production of documents from his criminal file.

31. SER Larry McClure v. Jay Hoke, Judge, et al., No. 030185 (Filed 1/8/03)

Criminal defendant seeks issuance of writ of mandamus against circuit court, seeking rulings upon his post-trial motions.

Refuse 5-0
moot

32. SER David S. Myers v. Hon. Alfred Ferguson, Judge, No. 030101 (Filed 1/13/03)

Prisoner files pro se petition seeking issuance of writ of mandamus against circuit court to hold omnibus hearing on his underlying habeas corpus petition and alternatively, moves for immediate release from incarceration due to inaction in his underlying habeas corpus action.

Refuse 5-0
as premature

33. SER Michael Holland v. Robert J. Smith, Commissioner, No. 030143 (Filed 1/24/03)

Workers’ compensation claimant seeks issuance of a writ of mandamus against the Workers’ Compensation Commissioner to act as directed by the Supreme Court of Appeals of West Virginia to set an onset date for his previously awarded permanent total disability award.

34. In the Matter of: Anthony, Joseph, Britany & Matthew C., No. 022257 (Filed 11/6/02)

Father appeals termination of his parental rights, arguing that his due process rights were violated based upon circuit court’s failure to adjudicate last born child as abused and neglected prior to termination of parental rights and based upon asserted error in the adjudication of the other three children as abused and neglected based at least in part upon circuit court’s alleged consideration of incompetent hearsay evidence from abuse and neglect proceedings in Ohio.

Refuse 5-0

35. In the Matter of: Devonte Joel W., No. 022306 (Filed 11/15/02)

Mother appeals circuit court order, arguing that there was insufficient evidence to deny an improvement period and to terminate her parental rights.

36. In the Matter of: Mark, Joseph, Matthew & Amanda A., No. 022338 (Mother’s Appeal) (Filed 11/19/02)

Mother appeals circuit court order arguing that circuit court erred in denying post-termination visitation.

Refuse 5-0

37. In the Matter of: Mark, Joseph, Matthew & Amanda A., No. 030128 (Father’s Appeal)(Filed 1/23/03)

Father appeals circuit court order arguing that circuit court erred in denying post-termination visitation.

38. In the Matter of: Sarah B.M., Lidge M.M., and Elijah M., No. 022340 (Mother’s Petition) (Filed 1/6/03)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court lacked proper venue and jurisdiction and that the State acted unfairly in causing her to be arrested for child abuse in order to defeat the success of her improvement period.

Refuse 5-0

39. In the Matter of: Sarah B.M., Lidge M.M., and Elijah M., No. 022551 (Father’s Petition) (Filed 1/6/03)

Father appeals circuit court order terminating his parental rights, arguing that the circuit court lacked proper venue and jurisdiction.

40. In the Matter of: Stephanie Amanda Q., No. 022435 (Filed 12/10/02)

Father appeals circuit court order terminating his parental rights arguing that his due process rights were violated by circuit court’s entry of order of termination without a multi-disciplinary team meeting, without giving five days’ notice of child’s case plan and based upon lack of proof of abuse and neglect of the child in question.

Refuse 5-0

41. In the Matter of: Aaron M. and Richard Anthony H., No. 030005 (Filed 1/2/03)

Mother appeals circuit court order denying her petition to restore her parental rights eight years after termination, arguing that she received ineffective assistance of counsel in the underlying termination action.

42. In the Matter of: Ricky James S., No. 030053 (Filed 1/14/03)

Father appeals circuit court order terminating his parental rights, arguing that circuit court erred in admitting evidence of guilty pleas to sexual abuse charges involving children outside household of child in this proceeding.

Refuse 5-0

43. In the Matter of: Austin S., No. 030078 (Filed 1/14/03)

Father appeals circuit court order terminating his parental rights, arguing insufficiency of proof of abuse and neglect and for termination of his parental rights and denial of post-termination visitation.

44. In the Matter of: Nicole W., Kateland W., Aaron W and John W., No. 030079 (Filed 1/10/03)

Mother appeals circuit court order granting full legal and physical custody of children to father following abuse and neglect proceedings, arguing that the circuit court erred in denying her an improvement period following her voluntary abandonment of prior improvement period.