Defendant, convicted by magistrate court of driving without license, registration, proof of insurance, or inspection sticker, appeal for the second time the circuit court order denying his appeal, arguing that the laws requiring license, registration, proof of insurance and inspection sticker are unconstitutional.

Refuse 5 - 0

2.  State of West Virginia v. Hugh Michael Marcus, No. 063356 (Filed 12/11/06)

Defendant, convicted of five (5) counts of First Degree Sexual Abuse by guilty plea, appeals circuit court order sentencing him to serve five (5) consecutive terms of 1-5 years in prison, arguing that the circuit court erred in denying his motion for probation or in the alternative, concurrent sentencing.

Refuse 5 - 0

3.  State of West Virginia v. Christopher Paul Cole, No. 063374 (Filed 12/13/06)

Defendant, convicted of Possession of Counterfeit Currency with intent to Utter by guilty plea, appeals circuit court order sentencing him to serve 1-5 years, arguing that the circuit court erred by denying his motion for alternative sentencing and arguing that his incarceration is disproportionate and excessive given the nature of the crime involved.

Refuse 5 - 0

4.  State of West Virginia v. Jessica Marie Tingler, No. 063380 (Filed 12/14/06)

Defendant, convicted of Operating a Clandestine Drug Laboratory and Conspiracy by jury, appeals circuit court order sentencing her to serve consecutive 2-10, 1-5 year terms in prison, arguing the circuit court erred by forcing a Defendant who was not competent due to drug abuse prior to the trial to go to trial after she tested positive for several drugs, that the circuit court erred by not suppressing the evidence obtained as a result of an illegal search of Defendant’s residence, that the circuit court erred when it allowed improper expert testimony by Erin Feazell, a chemist from the WV State Police Crime Laboratory, as to the identity of certain substances without a proper foundation, and that the circuit court erred by not granting the Defendant’s Motion to Dismiss for Failure of the State to prove a prima facie case on the charge of conspiracy.

Grant 5 - 0
Consolidate

5.  David Allen Markley v. Hon. David Born, Family Court Judge, No. 063187 (Filed 11/22/06)

Petitioner who sought petition for writ of prohibition against Family Court Judge order disqualifying his counsel presiding in his underlying pro se divorce action appeals circuit court order denying his petition.

Refuse 5 - 0

6.  Dave Thomas Horn v. Evelyn Seifert, Warden, No. 063251 (Filed 11/30/06)

Habeas petitioner, convicted by jury of Second Degree Murder, appeals circuit court order following omnibus hearing denying his petition for writ of habeas corpus, arguing ineffective assistance of trial counsel and insufficiency of the evidence to convict.

Refuse 5 - 0

7.  Marriage of Robert E. Osborne v. Brenda Osborne, No. 063357 (Filed 12/11/06)

Husband appeals circuit court order denying his appeal of Family Court order denying husband’s motion for reconsideration of prior Family Court order dealing with a disability pension and equitable distribution issues.

Refuse 5 - 0

8.  SER William M. Underwood v. Betty Hardin, Warden, No. 063235 (Filed 12/27/06)

Defendant, convicted by guilty plea of breaking and entering, seeks issuance of a writ of habeas corpus arguing deprivation of his civil rights by the prosecutor, circuit court and court officials.

Refuse 5 - 0

9.  SER Robert Dickerson v. William Fox, Warden, No. 063299 (Filed 12/1/06)

Prisoner seeks issuance of a writ of habeas corpus, challenging his conviction for Operating a Meth Lab.

Refuse 5 - 0

10.  SER Raymond A. Allen v. Hon. John Hatcher, No. 063178 (Filed 11/17/06)

Defendant seeks issuance of a writ of mandamus against circuit court arguing unreasonable delay in issuing a decision on an underlying motion for resentencing.

Moot

11.  In the Matter of: Dreu F., III, No. 063104 (Filed 11/14/06)

Mother whose parental rights were previously terminated appeals circuit court order denying in part her motion for modification of the prior dispositional order terminating her parental rights, but removing the restriction on her post-termination visits with child that required a third party to always be present.

Refuse 5 - 0

12.  In the Matter of: Christopher R. & Taylor M., No. 063119 (Filed 11/16/06)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

13.  In the Matter of: Tyler F., No. 063185 (Filed 11/22/06)

Father appeals circuit court order terminating the Father’s parental rights and denying post-termination visits.

Refuse 5 - 0

14.  In the Matter of: Bryon B. & Stephen Tyler V., No. 063190 (Filed 11/22/06)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

15.  In the Matter of: Terry B. Jr., No. 063370 (Filed 12/13/06)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in finding that there was no reasonable likelihood that the conditions which led to abuse and neglect can be substantially corrected in the foreseeable future.

Refuse 5 - 0

16.  Yvonne D. Reed v. Walter Jason Orme, No. 062876(Filed 10/30/06)

The Petitioners seek an appeal of the circuit court’s (June 18, 2006) order that granted summary judgment for the Defendant in a civil action seeking damages from a vehicle accident.

Grant 5 - 0

17.  Robert Watterson v. Hamilton Roush, et.al., No. 062625 (Filed 10/2/06)

The Petitioner seeks an appeal of the circuit court’s (January 19, 2006) order that reversed the ALJ’s decision to place Hamilton Roush as the Mason County Highway Administrator. The Petitioner seeks to be returned to the position with back pay, and to be awarded costs and attorney fees.

Refuse 5 - 0

18.  Kathy Hedrick v. Patrick Hedrick, No. 062640 (Filed 10/3/06)

The Petitioner seeks an appeal of the circuit court’s (August 11, 2006) order that upheld the family court’s order in a divorce proceeding. The Petitioner is seeking more of the marital property than what was given to him by the family court.

Refuse 5 - 0

19.  SER Franklin S. McCune v. George Trent, Warden, No. 062810 (Filed 10/10/06)

Petitioner seeks to have his name removed from the sex offender registry list. He seeks release from custody.

Refuse 5 - 0

20.  SER Ross B. Abido, et al. v. Thomas McBride, Warden, No. 062976 (Filed 10/18/06)

Inmates at the Mt. Olive Correctional Complex seek extraordinary relief challenging the total tobacco ban that they claim is to be instituted on July 1, 2007, and the current restrictions imposed.

Refuse 5 - 0

21.  SER William Dale Kessel v. John McKay, Administrator, No. 062853 (Filed 10/27/06)

Petitioner seeks habeas relief claiming that he did not have counsel when he pled guilty in magistrate court to reckless driving, fleeing, and driving on a suspended license 3^rd offense.

Refuse 5 - 0

22.  SER Leroy P. Mower v. Thomas McBride, Warden, No. 063179 (Filed 11/17/06)

The Petitioner seeks habeas relief claiming ineffective assistance of habeas and trial counsel.

Refuse 5 - 0

23.  SER Grover L. Breeding v. Thomas McBride, Warden, No. 063188 (Filed 11/22/06)

Petitioner seeks habeas relief after his 1996 conviction for aggravated robbery.

Accept to Motion Docket

The Petitioner seeks habeas relief challenging a 1997 conviction for DUI that was used as a predicate offense in his more recent 2003 conviction for DUI 3^rd. The Petitioner seeks release from custody on the 2003 conviction and all other convictions that used this case as a predicate offense.

Refuse 5 - 0

25.  SER Rodney Mitchell v. E.I. Wensell, Administrator, No. 063270 (Filed 11/30/06)

The Petitioner seeks habeas relief after his guilty plea to attempt to commit a felony (first degree murder).

Refuse 5 - 0

26.  SER Bobby Gibson v. Wetzel County Circuit Court, No. 062771 (Filed 10/5/06)

Petitioner seeks a mandamus requiring the Wetzel County Circuit Court to take action on his petition.

Grant 5 - 0
Unless Sooner Mooted

27.  SER Lillie May Trail v. Lincoln County Circuit Court, No. 062992 (Filed 11/6/06)

Petitioner seeks a mandamus compelling the circuit court to take action on her pro se pleadings, to appoint counsel, and provided her with a explanation on destroyed documents.

Refuse 5 - 0

28.  SER Robert D. Fisher v. Mineral County Circuit Court, No. 063205 (Filed 11/20/06)

Petitioner seeks an appeal of the circuit court’s (March 13, 2006) order that denied his 3^rd habeas petition.

Refuse 5 - 0

 29.  In the Matter of: Anthony M.; Dereck M.; & Mikesha W., No. 063107 (Filed 11/16/060

Petitioner seeks an appeal of the circuit court’s (May 30, 2006) order that terminated his parental rights to his children. 

The Petitioner/Father seeks an appeal of the circuit court’s order that terminated the Petitioner’s parental rights to his child based on abandonment. 

Petitioner/Mother seeks an appeal of the circuit court’s (June 12, 2006) order that terminated her parental rights. 

Refuse 5 - 0

32.  In the Matter of: Robbie B. And Michael B., No. 063298 (Filed 12/1/06)

Petitioner/Father seeks an appeal of the circuit court’s (July 27, 2006) order that placed the children in the custody of DHHR until they turn 18.

Refuse 5 - 0

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