Writ Conference

Thursday, January 22, 2009
(Rescheduled from January 15)


Justice Albright did not participate in the consideration or decision of the cases on this docket. 
 Senior Status Justice McHugh sitting by temporary assignment.
 

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.

Defer

Defendant convicted by jury of Felony Murder with recommendation of Mercy and First Degree Arson appeals circuit court order sentencing him to Life with Mercy plus 20 years to run consecutively.

Defendant, convicted of Third Offense Domestic Battery following bench trial, appeals circuit court order sentencing him to serve 1-5 years in prison, arguing that the trial court erred in finding that the State presented sufficient evidence to merit a conviction of the offense charged in the indictment.

Juvenile, adjudicated as a status offender, appeals circuit court order placing him in a residential treatment facility, arguing the circuit court erred in not granting the Juvenile’s Motion to Dismiss for vagueness of the allegations in the Petition, and the circuit court erred in not adopting an "in-home" dispositional placement for the Respondent Juvenile, but instead, granting custody to the DHHR for placement in a residential treatment facility.

Plaintiff below appeals circuit court order denying suit for partition by sale of home.

Wife appeals circuit court order granting husband’s appeal of final order of Family Court based upon alleged clerical error, arguing that the circuit court erred in finding that there was a clerical error in the final family court order and that Husband, rather than Wife, was the proper party entitled to release of back child support funds.

7. Carol A. Helfer v. Robert J. Helfer, No. 081762 (Filed 9/3/0

Wife appeals circuit court order denying her appeal of Family Court Order which held that Husband’s chiropractic business had a goodwill value of zero.

Mother appeals circuit court order terminating her parental rights.

Father appeals circuit court order terminating his parental rights.

Mother appeals circuit court order terminating her parental rights.

DHHR and GAL appeal circuit court orders upholding Respondent’s adoption of child, finding that Respondent did not neglect child, and ordering reunification of child with Respondent.

Withdrawn

Mother appeals circuit court order terminating her parental rights.

Petitioner appeals his 2003 conviction on one count of sexual assault in the first degree, one count of sexual abuse by a custodian, and one count of failure to timely register an address change as a sex offender. His sentence is 25 to 55 years in prison.

Defer

Petitioner appeals his conviction of one count of sexual abuse in the first degree, one count of sexual assault in the first degree, and one count of sexual abuse by a custodian.

Grant 3 - 2
(Benjamin, C. J., Workman, J.)
[corrected 1/26/09]

Petitioner appeals the lower court’s order reversing the Board of Appeals’ decision lowering a penalty assessment made by the Office of Miners’ Health, Safety, and Training from $100,000 to $10,000. While the court found that the Board exceeded its authority and abused its discretion, Petitioner asserts that the Board had the discretion to reduce the fine.

Petitioner seeks the issuance of a writ of mandamus to compel the lower court to enter a final order in regard to the custody of a child, which Petitioner is seeking pursuant to a contested surrogacy agreement.

Petitioner/Mother appeals the termination of her parental rights.

Petitioner/Father appeals the Order of the lower court maintaining his child support obligation after he voluntarily relinquished his parental rights.