West Virginia Supreme Court of Appeals

Writ Conference

Thursday, January 10, 2008

1.  State of West Virginia v. Joshua Neal McVey, No. 073361

Defendant, convicted of three counts of Petit Larceny-Second Offense by guilty plea, appeals circuit court order sentencing him to serve three consecutive 1 year prison terms, arguing that the sentence was excessive and that the circuit court erred in denying alternative sentencing.

Refuse 4 - 0
 ( Albright, J., Disqualified)

2.  State of West Virginia v. Lonnie E. Perdew III, No. 073360

Defendant, convicted of Manufacture of a Controlled Substance by guilty plea, appeals circuit court order sentencing him to serve 1-5 years in prison, arguing that his sentence was excessive and violated proportionality principles.

Refuse 5 - 0

3.  State of West Virginia v. Clarence Miller, Jr., No. 07 3439

Defendant, convicted of two counts of First Degree Murder without recommendation of mercy by jury and one count of First Degree Arson, appeals circuit court order sentencing him to serve consecutive life sentences and consecutive 2-20 years for the arson count.

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

4.  State of West Virginia v. Larnell Joshua Hampton , No. 073508

Defendant, convicted of one count of Accessory before the Fact to Deliver Schedule II Controlled Substance by jury, appeals circuit court order sentencing him to serve 1- 15 years.

Refuse 5 - 0

5.  State of West Virginia v. Jerod Ray Evans , No. 073754

Defendant, convicted of three counts of Second Degree Arson, two counts of Causing Injury by Arson, and one count of Breaking and Entering by guilty plea, appeals circuit court order sentencing him to serve an aggregate 51-60 years in prison, arguing that the sentence constituted cruel and unusual punishment given his age, his remorse and his untreated addictions.

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

6.  State of West Virginia v. James Parsons, No. 073684

Defendant, convicted of incest by guilty plea, appeals circuit court order sentencing him to serve 5-15 years in prison and denying his motion for reconsideration of sentencing, arguing that the circuit court failed to consider the forensic psychiatric evaluation which indicated that he was at low risk for reoffending.

Refuse 5 - 0

7.  SER Frederick Thomas Moore v. Thomas McBride, Warden, No. 073417

Habeas petitioner appeals circuit court order denying his habeas corpus petition following omnibus habeas corpus hearing.

Refuse 5 - 0

8.  SER Thomas Spiral Talbert v. Larry Parsons, Admin., No. 072160

Defendant, convicted by jury of Recidivism and sentenced to Life, seeks issuance of a writ of habeas corpus alleging failure to provide needed dental care.

Moot

9.  SER Roger E. Cline v. William Fox, Warden, No. 072916

Defendant, convicted of First Degree Murder by jury and sentenced to Life with Mercy, seeks issuance of a writ of habeas corpus arguing prosecutorial misconduct in his trial.

Refuse 5 - 0

10.  SER Robert Coles v. William Fox, Warden No. 073069

Inmate seeks issuance of a writ of habeas corpus challenging prison disciplinary policies.

Refuse 5 - 0

11.  SER James Dale Duncan v. David Ballard, Warden , No. 073236

Defendant seeks issuance of a writ of habeas corpus against circuit court arguing that his counsel filed an amended habeas corpus petition which should not be allowed to supercede the previously filed pro se habeas corpus petition.

Refuse 5 - 0

12.  SER Hubert Lusk v. Ritchie County Circuit Court, No. 071071

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

13.  SER James Berry, et. al. v. James Rubenstein, No. 072640

Mount Olive inmates seek issuance of a writ of mandamus against Department of Corrections, alleging that DOC is not adhering to this Court’s directive in SER James Berry v. James Rubenstein, WVSCA No. 30696.

Refuse 5 - 0

14.  SER Mary Greene v. West Virginia Division of Corrections, No. 072865

Defendant, convicted by jury of four counts of uttering and convicted by Alford plea to another separate count of uttering, seeks issuance of a writ of mandamus against the Parole Board to obtain copies of documents relating to denial of parole.

Moot

15.  SER Jason A. Perry v. James Rubenstein, DOC Comm’r, No. 073115

Prisoner held in Regional Jail seeks writ of mandamus to require DOC to transfer him to Department of Corrections facility.

Refuse 5 - 0

16.  SER Timothy Stevenson v. James Rubenstein, DOC Comm’r, No. 073116

Prisoner held in Regional Jail seeks writ of mandamus to require DOC to transfer him to Department of Corrections facility.

Refuse 5 - 0

17.  SER Frankie Garretson v. Logan Cty Circuit Court, No. 073142

Criminal Defendant, alleging indigency, seeks issuance of a writ of mandamus arguing that circuit court is refusing to provide copies of records from his underlying criminal case unless he pays for them.

Refuse 5 - 0

18.  SER Jacob Custer v. Fayette County Circuit Court, No. 073478

Petitioner seeks a writ of mandamus to require the circuit court to rule on his underlying writ of habeas corpus.

Moot

19.  SER Henry H. Jenkins v. James Rubenstein, DOC Commissioner, No. 073510

DOC prisoner incarcerated in a Regional Jail seeks issuance of a writ of mandamus arguing that he is entitled to transfer to a DOC facility.

Refuse 5 - 0

20.  SER Henry Wilks v. Hon. Jay Hoke, No. 071606

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

Deferred

21.  In the Matter of Cody Alan W. and Justin Lee W., No. 073362

Mother appeals circuit court order terminating her custodial rights and her parental rights.

Refuse 5 - 0

22.  In the Matter of Brooklyn Lafhay M. , No. 073363

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

23.  In the Matter of: Matthew K. & James K., No. 073545

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0

24.  In the Matter of Gloria C, Marcus, Michael, Aaron, & Jamie, No. 073546

Mother appeals circuit court order accepting her relinquishment of her parental rights.

Refuse 5 - 0

25.  In the Matter of Dominic, Karissa, & Alexandra, No. 073561

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0

26.  State of West Virginia v. James Lee Hagen, No. 073068

Petitioner/Defendant appeals his conviction on one count of delivery of a controlled substance and one count of conspiracy to deliver a controlled substance, arguing that the court erred in not dismissing the case, prosecutorial misconduct, and that the State failed to disclose exculpatory evidence.

Refuse 5 - 0

27.  Walter W. Elmore v. Kelly Shepherd, et al., No. 072803

Petitioner, a State employee, appeals the dismissal of his declaratory judgment action to determine whether BRIM was required to maintain uninsured motorist coverage on a mower owned by the DOH.

Refuse 4 - 1
(Starcher, J.)

28.  Cheryl D. Anders v. Zurich American Ins. Co., No. 072938

Petitioner appeals the lower court’s entry of summary judgment on behalf of Respondent, arguing that the court abused its discretion by granting summary judgment before the exchange of meaningful discovery between the parties.

Grant 5 - 0

29.  Carl Wayne Foy v. Thomas McBride, Warden, No. 072930

Petitioner appeals the denial of his petition for writ of habeas corpus.

Refuse 5 - 0

30.  SER William Jones v. Teresa Waid, Warden, No. 073218

Petitioner seeks the issuance of a writ of habeas corpus allowing him to have a dental surgery.

Refuse 5 - 0

31.  SER Charles W. Chaffin v. Thomas McBride, Warden, No. 072881

Petitioner appeals the denial of his petition for writ of habeas corpus.

Refuse 5 - 0

32.  SER Skilo Grisby v. William Fox, Warden, No. 072918

Petitioner seeks issuance of writ of habeas corpus alleging that Respondent is using punitive segregation as a punishment for even the most simple of write-up offenses.

Refuse 5 - 0

33.  SER Timothy Link, Jr., v. Wood County Circuit Court, No. 072626

Petitioner seeks issuance of writ of mandamus to compel the circuit court to produce certain requested documents.

Deferred

34.  SER Joseph Grondin v. Wood County Circuit Court, No. 072843

Petitioner seeks the issuance of a writ of mandamus to compel the circuit court to produce the Grand Jury transcripts in his criminal case.

Refuse 5 - 0


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