Writ Conference
Thursday, February 5, 2009
Justice
Albright did not participate in the consideration or decision of the cases on
this docket.
Senior Status Justice McHugh sitting by temporary assignment.
1. State of West Virginia v. Andrew W. Rios, No. 081872 (Filed 9/18/08)
Defendant, convicted of Aggravated Robbery by guilty plea appeals circuit court order sentencing him to serve 60 years in prison, arguing disproportionate sentence given the facts and circumstances of the crime and his background. Refuse 3 - 2( Workman, J., Ketchum, J.)
2. SER Victor Nutter v. Evelyn Seifert, Warden, No. 081631 (Filed 8/7/08)
Defendant seeks issuance of a writ of habeas corpus arguing trial errors. Refuse 5 - 0
3. SER John Carl Ellevan v. Teresa Waid, Warden, No. 082023 (Filed 10/17/08)
Defendant, convicted of Second Degree Sexual Assault, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel; improper jury selection; the use of prejudicial evidence. Refuse 4 - 1(Ketchum, J.)
4. SER Wilford Cogar v. WV Department of Corrections, No. 082064 (Filed 10/23/08)
Defendant, serving 3-15 years in prison for three counts of Delivery of a Controlled Substance, seeks habeas corpus, arguing that his conviction was obtained by an illegal search and seizure and by violations of the Wiretapping and Electronic Surveillance Act. Returnable below for appointment of counsel.
5. SER David W. Myers v. Teresa Waid, Warden, No. 082098 (Filed 10/31/08)
Defendant, convicted of First Degree Robbery by guilty plea and sentenced to 50 years, seeks issuance of a writ of habeas corpus arguing ineffective assistance of trial counsel and disproportionate sentencing. Deferred
6. SER Anthony G. Kendrick v. David Ballard, Warden, No. 082169 (Filed 11/13/08)
Defendant seeks issuance of a writ of habeas corpus barring Department of Corrections from placing him in a shared prison cell, arguing that he is medically qualified for a single cell due to his medical condition. Deferred
7. SER April Thompson v. Adrian Hoke, Warden, No. 082295 (Filed 12/8/08)
Prisoner, convicted by guilty plea of Delivery of a Controlled Substance, seeks issuance of a writ of habeas corpus arguing that she has not previously had habeas relief. Returnable below for appointment of counsel.
8. SER Donald Layne v. Marshall County Circuit Court et al., No. 081459 (Filed 6/23/08)
Defendant seeks issuance of a writ of mandamus arguing he has not received proper habeas consideration in multiple counties. Returnable below for appointment of counsel.
9. SER Alfred Gray v. Hon. H.L. Kirkpatrick, Judge, No. 082018 (Filed 10/15/08)
Habeas petitioner below seeks issuance of a writ of mandamus against circuit court seeking ruling on his underlying habeas corpus petition. Grant 5-0 unless sooner mooted.
10. SER Arnold Bonnell v. Harrison County Circuit Court, No. 082170 (Filed 11/13/08)
Prisoner seeks issuance of a mandamus against circuit clerk for failure to respond to his requests for a copy of docketing sheet of underlying criminal convictions. Deferred
11. SER Brad Browning v. Jim Rubenstein, DOC Commissioner, No. 082259 (Filed 11/26/08)
Regional Jail inmate seeks issuance of a writ of mandamus against Department of Corrections, arguing that he should be transferred to a Department of Corrections prison. Refuse 5 - 0
12. SER David Huffman v. Jim Rubenstein, DOC Commissioner, No. 082288 (Filed 12/8/08)
Regional Jail inmate seeks issuance of a writ of mandamus against Department of Corrections, arguing that he should be transferred to a Department of Corrections prison. Refuse 5 - 0
13. SER David Harold Eilola v. Kanawha County Circuit Court, No. 082357 (Filed 12/15/08)
Defendant seeks issuance of a writ of mandamus seeking immediate discharge from prison based upon the allegation that he has been deprived of due process and right to appeal. Refuse 5 - 0
14. SER Charles Howard v. Jim Rubenstein, DOC Commissioner, No. 082404 (Filed 12/17/08)
Regional Jail inmate seeks issuance of a writ of mandamus against Department of Corrections, arguing that he should be transferred to a Department of Corrections prison. Refuse 5 - 0
15. SER Francis Vaccaro v. Jim Rubenstein, DOC Commissioner, No. 082408 (Filed 12/19/08)
Regional Jail inmate seeks issuance of a writ of mandamus against Department of Corrections, arguing that he should be transferred to a Department of Corrections prison. Refuse 5 - 0
16. SER Eric Mason v. Jim Rubenstein, DOC Commissioner, No. 082409 (Filed 12/19/08)
Regional Jail inmate seeks issuance of a writ of mandamus against Department of Corrections, arguing that he should be transferred to a Department of Corrections prison. Refuse 5 - 0
17. SER Shane Carroll v. Jim Rubenstein, DOC Commissioner, No. 082409 (Filed 12/23/08)
Regional Jail inmate seeks issuance of a writ of mandamus against Department of Corrections, arguing that he should be transferred to a Department of Corrections prison. Refuse 5 - 0
18. SER Mary Greene v. Wood County Circuit Court, No. 090012 (Filed 1/5/09)
Defendant seeks issuance of a writ of mandamus against the circuit court and police department for return of personal property taken pursuant to a 2003 search of her home. Deferred
19. In the Matter of: Aleea Dawn B., No. 082060 (Filed 10/22/08)
Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0
20. In the Matter of: Latasha N.F., Savannah M.F., and Destini D. F., No. 082130 (Filed 11/12/08)
Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0
21. In the Matter of: Kyle Joseph W., No. 082174 (Filed 11/14/08)
Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0
22. In the Matter of: Marlin H. and Lynzee H., No. 082194 (Filed 11/18/08)
Father, who pled guilty to misdemeanor battery involving his child, appeals circuit court order adjudicating child as abused without an evidentiary hearing based upon collateral estoppel predicated upon Father’s guilty plea. Refuse 4 - 1(Ketchum, J.)
23. In the Matter of: Natosha B. & Roger C., No. 082246 (Mother’s Appeal) (Filed 11/26/08)
Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0
24. In the Matter of: Natosha B. & Roger C., No. 082316 (Roger’s Father’s Appeal) (Filed 12/15/08)
Father appeals circuit court order terminating his parental rights. Refuse 5 - 0
25. State of West Virginia v. Jerry Burkhammer, No. 081851 (Filed 9/17/08)
Petitioner/Defendant appeals his conviction for Violation of a Court Order and his six-sentence in jail. Refuse 5 - 0
26. State of West Virginia v. Rocky Wamsley, No. 082093 (Filed 10/31/08)
Petitioner appeals his sentence following his conviction of conspiracy as excessive and disproportionate. He further appeals the denial of his motion for a reduction in sentence. Refuse 5 - 0
27. State of West Virginia v. Cecil Clayton H., III, No. 082197 (Filed 11/18/08)
Petitioner appeals his two concurrent life terms without mercy. Refuse 4 - 1(Workman, J.)
28. In re: Amber Dawn R., a juvenile delinquent, No. 082205 (Filed 11/19/08)
Petitioner appeals her adjudication as a juvenile delinquent and her subsequent placement in a group home. Refuse 5 - 0
29. SER Lloyd D. Buckhannon v. Thomas McBride, Warden, No. 082002 (Filed 10/10/08)
Petitioner appeals the denial of his petition for writ of habeas corpus as filed in the circuit court. Refuse 5 - 0
30. Warren Scott Morris and Kimberly D. Morris v. Linda Doreen Bower and Brenda K. Bower, No. 082083 (Filed 10/29/08)
Petitioners appeal the circuit court’s order granting a permanent injunction and permanent easement in a right-of-way dispute. Refuse 5 - 0
31. SER William L. Garrett v. David Ballard, Warden of Mount Olive Correctional Complex, No. 081921 (Filed 9/29/08)
Petitioner seeks the issuance of a writ of habeas corpus, asserting that he is being falsely imprisoned, that his sentence is unduly harsh, and that he is being denied access to the courts. Refuse 5 - 0
32. SER Kenneth Ray Moore v. E.I. Wensell, Administrator, No. 081969 (Filed 10/6/08)
Petitioner seeks the issuance of a writ of habeas corpus, alleging ineffective assistance of counsel. Returnable below for appointment of counsel & Omnibus Hearing.
33. SER James G. Woodson v. David Ballard, No. 082106 (Filed 11/03/08)
Petitioner files this "Post Trial Motion in Arrest of Judgment"/petition for writ of habeas corpus, seeking to compel the court to order his release from prison due to flaws in the indictment. Refuse 5 - 0 as successive petition.
34. SER James G. Woodson v. James Rowe, Judge, No. 081927 (Filed 9/30/08)
Petitioner files this petition for writ of habeas corpus, alleging that extraordinary circumstances exist requiring the reversal of Petitioner’s conviction, based on the State’s violation of a mandatory rule and that Petitioner is entitled to appointment of counsel and an omnibus hearing since he is serving a life sentence. Returnable below for appointment of counsel & Omnibus Hearing.
35. SER Henry W. Johnson, II v. Raleigh County Circuit Court, No. 081891 (Filed 9/22/08)
Petitioner seeks to compel the Circuit Clerk to acknowledge a motion filed before the Circuit Court and to compel the Circuit Court to take action on the motion. Grant 5 - 0 unless sooner mooted - regarding court, Refuse 5 - 0 - regarding clerk.
36. SER Dexter W. Pritt v. Clay County Circuit Court, No. 082161 (Filed 11/12/08)
Petitioner seeks the issuance of a writ of mandamus compelling the Circuit Court of Clay County to produce certain documents necessary to the preparation of his petition for writ of habeas corpus. Grant 5-0 unless sooner mooted.
37. SER Ro’shawn Pannell v. James Rubenstein, Commissioner, No. 082175 (Filed 11/13/08)
Petitioner seeks the issuance of a writ of mandamus compelling the Commissioner of the Department of Corrections to transfer him from a regional jail to the penitentiary. Refuse 5 - 0
38. SER Ronnie Standridge v. James Rubenstein, Commissioner, No. 082258 (Filed 11/26/08)
Petitioner seeks the issuance of a writ of mandamus compelling the Commissioner of the Department of Corrections to transfer him from a regional jail to the penitentiary. Refuse 5 - 0
39. In the Matter of: Erin D., No. 082110 (Filed 11/6/08)
Petitioner/Mother appeals the termination of her parental rights. Refuse 5 - 0
40. In the Matter of: Narissa J. and Hayli H., No. 082222 (Filed 11/20/08)
Petitioner/Mother appeals the termination of her parental rights. Refuse 5 - 0
41. In the Matter of: Lilly P. and Ayla P., No. 082278 (Filed 12/3/08)
Petitioner/Mother appeals the termination of her parental rights, arguing that the court erred in terminating her parental rights based solely on her incarceration. Refuse 5 - 0
42. In the Matter of: Tracy S., No. 090023 (Filed 1/7/09)
Petitioner/Father appeals the termination of his parental rights. Refuse 5 - 0
Home | Opinions | Site
Map | Law Library | Rules | Staff | Search | Terms
of Use