2. State of West Virginia v. Terry Engle, No. 022183 (Filed 10/25/02)

Criminal defendant appeals circuit court order denying his motion to correct sentence to apply credit for presentence time served to his felony conviction as well as his misdemeanor sentence; defendant challenges circuit court’s order limiting credit to the misdemeanors only.

3. State of West Virginia v. James Ross Ring, No. 022184 (Filed 10/25/02)

Criminal defendant appeals circuit court order sentencing him to forty five years in prison based upon his guilty plea to armed robbery, arguing that the circuit court erred in failing to sentence him to the Youthful Offender program at the Anthony Center.

4. State of West Virginia v. Drema Lee Kidd Arauza, No. 022305 (Filed 11/8/02)

Criminal defendant appeals circuit court order convicting Defendant of first degree arson, conspiracy, and burning insured property based upon jury verdict and denying post-trial motions based upon insufficiency of the evidence, arguing that there was insufficient evidence to convict.

5. State of West Virginia v. James H. Kearns, No. 022366 (Filed 11/25/02)

Criminal Defendant appeals circuit court order convicting him based upon jury verdict of sexual assault of a spouse and battery, arguing that circuit court erred in denying his motions for acquittal and new trial.

6. State of West Virginia v. Charles F. Prunty, Jr., No. 022473 (Filed 12/12/02)

Criminal defendant appeals circuit court order convicting him upon jury verdict of two counts of sexual assault in the first degree, six counts of sexual abuse by a custodian, five counts of sexual assault in the third degree, and one count of sexual abuse by a parent, arguing insufficiency of the evidence to convict.

7. Roger Mullins v. Beverly Dean Bowles, No. 020569 (Filed 3/13/02)

Plaintiff in a boundary dispute matter appeals circuit court order dismissing his complaint against the respondent pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure based upon res judicata. Plaintiff contends that the boundary line in question was not the subject of earlier proceedings before the Circuit Court and that, therefore, res judicata did not apply.

8. Sundar Naga v. WV State College/Board of Directors, No. 021764 (Filed 8/21/02)

College Board of Directors appeals circuit court order which reversed prior grievance decision in its favor in this denial of tenure matter and which found in favor of respondent professor.

9. Ancel Williamson v. Howard Painter, Warden, No. 021976 (Filed 9/26/02)

Criminal defendant, convicted of 45 sexual offenses including incest, first degree sexual assault, and sexual abuse by a parent, appeals circuit court order denying his habeas corpus petition, arguing ineffective assistance of counsel, insufficient evidence to convict and excessive disproportionate sentence of 225 to 525 years.

10. Kenneth Allen v. Albert and Lexi Green, No. 022019 (Filed 9/30/02)

Defendants below appeal circuit court order based upon jury verdict for Plaintiff in this suit to enforce contract of sale of property owned by Defendants to Plaintiff, arguing multiple trial errors.

11. William Lee Richardson v. City of Martinsburg, No. 022215 (Filed 10/30/02)

Plaintiff below appeals circuit court order dismissing his lawsuit against municipal corporation for lack of proper venue.

12. William Lee Richardson v. The State of West Virginia and the Charleston Police Dept., No. 022217 (Filed 10/30/02)

Plaintiff below appeals circuit court order dismissing his suit against city police and state police as it fails to state a claim upon which relief may be granted.

13. In the Matter of: Alexandria C., William C., & Adam C., No. 022073 (Filed 10/7/02)

Mother appeals circuit court orders adjudicating her children as abused and neglected and terminating her parental rights, arguing that the circuit court erred in accepting the case plan which did not list the friends or relatives of mother that were contacted to accept permanent placement of the children and erred in adjudicating the children when DHHR had not provided a medical report regarding the mother to her prior to the adjudication hearing. 

Refuse 4-0 
(Starcher, C.J., N/P)

14. In the Matter of: Stephen Tyler R., No. 022093 (Filed 10/8/02)

Mother appeals termination of her parental rights, arguing that termination was improper and disproportionate to the mother’s actions in maintaining contact with abusive father of child.

Refuse 4-0
(Starcher, C.J., N/P)

 

15. In the Matter of: Ayla S., Stephanie V., & Angel V., No. 022097 (Filed 10/8/02)

Father appeals circuit court order terminating his parental rights to his son, arguing that the findings of sexual abuse by father involving another child in the household were improper and unsubstantiated.

Refuse 4-0
(Starcher, C.J., N/P)

 

16. In the Matter of: Shaylie W. & Chelsea W., No. 022191 (Filed 10/28/02)

DEFERRED

 

17. In the Matter of: Stephen Chase K., No. 022204 (Filed 10/29/02)

Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in concluding that there was no reasonable likelihood that the circumstances which led to removal can be corrected in the foreseeable future.

Refuse 4-0
(Starcher, C.J., N/P)

 

18. In the Matter of: Stephen Chase K., No. 022205 (Filed 10/29/02)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in terminating her rights and in denying post-termination visitation.

Refuse 4-0
(Starcher, C.J., N/P)

 

19. SER Jack David Raines, Jr. v. Shannon Markle, No. 021230 (Filed 6/12/02)

Petitioner/Inmate seeks the issuance of a writ of habeas corpus (under original jurisdiction) causing the Administrator of the Central Regional Jail to acknowledge Petitioner/Inmate’s "good time."

Deferred

 

20. SER Kenneth Morrison v. Thomas McBride, Warden, No. 021487 (Filed 7/15/02)

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging that the Department of Corrections has unlawfully applied the "good time" statute in such a way that Petitioner/Inmate’s imprisonment is unlawfully lengthened.

Refuse 4-0
(Starcher, C.J., N/P)

21. SER William H. Cecil, III, v. Thomas McBride, Warden, No. 022135 (Filed 9/20/02)

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging ineffective assistance of counsel and denial of due process.

22. SER Terry Lee Engle v. Edward Rudloff, Administrator, No. 022000 (Filed 9/30/02)

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging the failure of the Administrator to credit Petitioner/Inmate for time served while awaiting trial on a felony charge.

Refuse 4-0
(Starcher, C.J., N/P)

 

23. SER Kenneth Cunningham v. William S. Haines, Warden, No. 022001 (Filed9/30/02)

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging that there was insufficient evidence to charge him with any crime, that he received ineffective assistance of counsel, that the prosecuting attorney deliberately withed exculpatory evidence from the defense, that his guilty plea was not made knowingly or voluntarily, that he was denied his right to a speedy trial, that he received ineffective assistance of counsel in his habeas corpus proceeding before the lower court, and that he was denied due process in his habeas corpus proceeding before the lower court.

Refuse 4-1
(Albright, J.)

 

24. SER Terry A. Smith v. William Haines, Warden, No. 022178 (Filed 10/8/02)

Petitioner/Inmate seeks issuance of writ habeas corpus, asserting that he feels that he has served more than enough time for his past crimes.

25. SER Anthony Merchant v. State of West Virginia, No. 022125 (Filed 10/09/02)

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging ineffective assistance of counsel and denial of right to appeal.

26. SER Mark Payne v. Kim Wolfe, No. 022126 (Filed 10/10/02)

Petitioner/Inmate seeks issuance of writ habeas corpus, asking this Court to allow him to serve an alternative sentence.

Refuse 5-0

 

27. SER Roy Lee Myers v. William Haines, Warden, No. 022190 (Filed 10/25/02)

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging that he was not notified by Respondent of the loss of "good time" credit as required by law.

28. SER Patricia Pruett v. Jerry Dietrick, Administrator, No. 022398 (Filed 11/26/02)

Petitioner/Inmate seeks issuance of writ of habeas corpus so that she might receive proper treatment for various mental and physical illnesses.

29. Romie Gene Long v. Medical Administrator, et al., No. 020887 (Filed 4/23/02)

Criminal defendant seeks issuance of writ of mandamus compelling the Medical Administrator and Staff of Mount Olive Correctional Center to act on the defendant’s request for medical treatment from an outside source and/or to be sent to an outside facility for treatment of a medical condition.

30. SER Franklin E. Carter v. Judge Jay Hoke, No. 022081 (Filed 9/24/02)

Petitioner/Inmate seeks issuance of writ of mandamus, compelling the Circuit Court of Lincoln County to appoint Petitioner/Inmate new counsel and conduct an omnibus hearing in regard to Petitioner/Inmate’s petition for writ of habeas corpus.

31. SER Dana December Smith v. Jennifer Bailey Walker, Judge, No. 021970 (Filed 9/25/02)

Petitioner/Inmate seeks the issuance of a writ of mandamus compelling the Circuit Court of Kanawha County to rule upon any and all outstanding motions and/or petitions before the lower court, including Petitioner/Inmate’s petition for writ of habeas corpus.

32. SER Earnest Pauley v. Hon Jay Hoke, Circuit Judge, No. 022009 (Filed 9/27/02)

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Boone County to set a date certain for Petitioner/Inmate’s transport to Family Services of Kanawha Valley so that Petitioner/Inmate might be enrolled in the sexual offenders program in order to make him eligible for probation.

33. SER John A. McGhee v. William Haines, Warden, No. 022077 (Filed 10/3/02)

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Kanawha County to release to Petitioner/Inmate a copy of his psychiatric evaluation, court transcripts, and the presentence report.

34. SER Ronnie E. Mines v. Greenbrier County Circuit Court, No. 022091 (Filed 10/4/02)

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Greenbrier County to deliver to Petitioner/Inmate certain documents which Petitioner/Inmate has requested so that he might effect an appeal of his conviction.

35. SER Gene Willard Gaylor v. Greenbrier County Circuit Court, No. 022074 (Filed 10/7/02)

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Greenbrier County to deliver to Petitioner/Inmate certain documents which Petitioner/Inmate has requested so that he might effect an appeal of his conviction in the United States District Court.

36. SER Joseph W. Batton v. Hon. George Hill, No. 022168 (Filed 10/16/02)

Petitioner/Inmate seeks issuance of writ of mandamus, compelling the lower court to comply with a previous Order of this Court, to appoint Petitioner/Inmate counsel for purposes of appeal, and to recuse itself from further proceedings in this matter.

37. SER Becky L. Hammond v. WVDOC, No. 022159 (Filed 10/21/02)

Petitioner/Inmate seeks issuance of writ of mandamus compelling the West Virginia Department of Corrections to transfer Petitioner/Inmate to a facility better equipped to treat her mental illness.

38. In the Matter of: Johnthan E., No. 022312 (Filed 11/08/02)

Petitioner/Mother appeals order of Circuit Court of Monongalia County terminating her parental rights, alleging that the court erred in denying her an improvement period when it was proven that she had taken steps to remedy the circumstances that led to the termination of her parental rights to another child and that the court erred by allowing testimony which was contrary to proposed testimony disclosed under Rule 30 of the West Virginia Rules for Abuse and Neglect.