2. State of West Virginia v. Louis A. Rand, No. 012033

Defendant appeals the circuit court order sentencing him based upon his guilty plea to sexual abuse in the first degree to one to five (1-5) years in the penitentiary. He appeals asserting he should have received probation but for the circuit court’s failure to order him to undergo a psychiatric evaluation and sexual offender treatment that would have rendered him eligible for probation pursuant to W.Va. Code § 62-12-2(e).

3. State of West Virginia v. Jerry Belcher, No. 012176

Defendant appeals the circuit court order denying his Motion for Reduction of Sentence without a hearing.

4. State of West Virginia v. Robert N. Barber, No. 012244

Petitioner appeals circuit court order sentencing him to penitentiary for not less than one nor more than five (1-5) years with the circuit court designating a definite term of five years as a penalty for the offense of conspiracy to commit malicious assault and an additional sentence of one year in the county jail for the battery conviction.

Petitioner appeals circuit court order denying his motion for new trial following jury conviction for sexual assault-second degree and burglary. Petitioner was sentenced to an indeterminate term of not less than ten (10) nor more than twenty-five (25) for sexual assault-second degree to run consecutive with an indeterminate sentence of not less than one (1) nor more than fifteen (15) years for burglary with credit for nine months and 15 days. These new sentences also run consecutively to his probation violation in felony no. 95-F-190-F for aggravated robbery of elderly man. He received a fixed term of 15 years for that crime.

6. State of West Virginia v. Charles A. Barnes, No. 012360

Petitioner appeals from circuit court order sentencing him following jury trial to no less than five (5) years nor more than fifteen (15) for sexual abuse by a parent and sentencing him to no less than two (2) years nor more than ten (10) years for sexual assault of a spouse, with the sentences to run consecutively, with credit for 95 days time served. Petitioner seeks a new trial.

7. Michael L. Corriveau v. WV Board of Probation and Parole, No. 010704

Petitioner appeals the circuit court’s dismissal of his FOIA enforcement action against respondent Parole Board. Petitioner’s FOIA request sought release of his own psychiatric records, along with any community sentiment and victim impact records, and a copy of the transcript of his parole interview.

8. Linda Carrier Gilbert v. Lewis Gilbert, et.al., No. 011991

Petitioner appeals the circuit court order dismissing her complaint against Magistrate pursuant to Rule 12 (b) (6) based upon judicial immunity.

Home Show of Buckhannon, Inc. appeals circuit court order denying its motion for assessment of costs, attorney fees and expenses against respondents/ plaintiffs below, arguing that the failure of plaintiffs to recover more than its offer of judgment of $10,000 entitled it to such award. Home Show also appeals the circuit court order denying its summary judgment which was based on the argument that it was not the entity that sold the manufactured home in question.

10. Walter G. Sebastian v. Buckhannon Home Show, Inc., No. 012441

Plaintiffs in a suit based upon the sale of an allegedly defective mobile home appeal circuit court order denying their motion for new trial, arguing that the circuit court improperly dismissed Counts 1-6 of the Amended Complaint prior to submission of the case to the jury. 

Refuse 5-0

11. SER Gearl Withrow v. Leotha Boles, Court Reporter of Putnam Cty, No. 012407

Incarcerated petitioner seeks mandamus to force court reporter to prepare transcripts for four hearing dates in winter of 92-93 and to require circuit clerk to accept and file other original transcripts of seven hearings from 1992 in his pending habeas case.

Mother appeals circuit court order terminating her parental rights.

13. In the Matter of: Joamber B. & Krystal B., No. 012402

Mother appeals circuit court order terminating her parental rights. The companion appeal of the father is WVSCA No. 012403.

14. In the Matter of: Joamber B. & Krystal B., No. 012403

Father appeals circuit court order terminating his parental rights. The companion appeal of the mother is WVSCA No. 012402.

15. In the Matter of: Melissa Leanna P., No. 012415

Mother appeals circuit court order terminating her parental rights..

16. In the Matter of: Joanie R, No. 012438

Father appeals circuit court order terminating his parental rights.

17. In the Matter of: Nina W., No. 012456

Mother appeals circuit court order terminating her parental rights.

18. In the Matter of: Cassandra T. & Sierra T., No. 012458

Mother appeals circuit court order terminating her parental rights.

19. In the Matter of: Cassandra T. & Sierra T., No. 012459

Co-habitating boyfriend of the mother of the children in this case appeals the termination of his custodial rights to the two children in this case. Petitioner is not the natural father of the children.

Mother appeals the circuit court order terminating her parental rights.

21. SER Gearl L. Withrow v. Howard Painter, Warden, No. 010532

Incarcerated petitioner seeks mandamus to obtain action in his habeas corpus action pending in the Circuit Court of Putnam County, No. 95-C-431. Petitioner has appointed counsel in his habeas action.

22. SER Dwight Mathena et. al. v. William Haines, Warden, No. 002909

Two related actions are presented here. The first is brought under this Court’s original jurisdiction as SER Dwight Mathena et. al. v. William Haines, No. 002909. The petitioners in this habeas case are Dwight Mathena, Roger Sullivan, Jack Grimes, Kenneth Bennett, Jeffrey L. Wolff, and Kenneth Powell.

 

The second matter is based upon the July 19, 2001 filing of a joint Motion for Injunction by ten Huttonsville prisoners, pro se, against William S. Haines, the Huttonsville warden, to prevent the warden from "any and all retaliation, harassment" of these prisoners based upon their previous filings to challenge conditions at Huttonsville. The prisoners are Dwight Mathena, Roger Sullivan, Jack Grimes, Kenneth Bennett, Jeffrey L. Wolff, Kenneth Powell, Steve Cogar, Jason Lawson, Eugene Blake and Patrick Few.

23. In the Matter of: Dustin M., No. 012377

The father appeals the circuit court order terminating his parental rights.

24. In the Matter of: Josea F., No. 012406

The mother appeals the circuit court order terminating her parental rights.

25. In the Matter of: Derek H., Terrance H., and Bruce W., No. 012409

The father appeals the circuit court order terminating his parental rights.

26. In the Matter of: Unborn Baby H., No. 012416

The father appeals the circuit court order enjoining the father from any contact, direct or indirect, with the child and her mother.

27. In the Matter of: Richard R. and Franklin R., No. 012443

The mother appeals the circuit court order terminating her parental rights.

28. In the Matter of: Richard R. and Franklin R., No. 012444.

The father appeals termination of his parental rights.

29. In the Matter of: Shawn P., No. 012423

The mother appeals termination of her parental rights and denial of post termination visitation.

30. In the Matter of: Lawrence B., et al., No. 012513

The mother appeals the circuit court order terminating her parental rights.

31. David L. Thomas, et al. v. Dennis Miller, et al., No. 011986

David L. Thomas, et al. appeal the circuit court order granting Miller’s motion for directed verdict on the issue of whether or not a road in the Conrad Gap area of Pendleton County, W.Va., was a State roadway. The petitioners also appeal the jury verdict finding, in favor of the Millers, that a prescriptive easement did not exist in favor of the Thomas’s on the Conrad Gap Road. Petitioners claims the lower court erred in finding as a matter of law that the Conrad Gap Road is not a State road, in refusing instructions to the jury as to the existence and continuance of a State right-of-way in Conrad Gap, in finding abandonment of the State right of way or a lack of State right of way, in failing to give substantial weight to the necessity of continuation of the State right-of-way to land owners in the Conrad Gap area, in failing to join the State of W.Va. as a party, and additionally, that the jury was wrong in finding that no prescriptive easement exists in favor of the plaintiffs.

32. Clyde L. Mills v. William Haines, Warden, No. 012113

Mills appeals the lower court order denying his petition for a writ of habeas corpus, claiming that the lower court erred in failing to make sufficient findings of fact and conclusions of law, in failing to state legally sufficient grounds upon which to base its ruling, and ineffective assistance of counsel at the omnibus habeas corpus hearing.

Refuse 4-1 
(Maynard, J.)

 

33. Carmelo L. Pitrolo v. Zenna Cordelia Pitrolo, No. 012165

Mr. Pitrolo appeals the circuit court order adopting the recommendation of the Family Law Master, claiming that the court below erred in awards of alimony and distribution of marital property.

Refuse 5-0

 

34. Nancy Jean Moats v. Jerome James Moats, No. 012230

Jerome Moats appeals the circuit court order granting Nancy Moats’ petition for divorce and awarding primary custody of their children to respondent.

Refuse 5-0

 

35. Arthur M. Standish v. James A. Facemier, et al., No. 012305

Facemier, et al., appeal the circuit court order granting summary judgement in favor of the plaintiff permitting a deed to be set aside and holding that the taxes and interest due at the time of the sale was to be paid to the Sheriff.

Refuse 5-0

 

36. Rebecca Jane Bibb v. The Honorable William T. Wertman, Jr. and Curtis James Bibb, No. 012242

Bibb appeals the circuit court order denying her petition for a Writ of Prohibition seeking to prohibit the effect of an order entered by the Family Law Master.

37. State of West Virginia v. Wayne Keith Bailes, No. 012094

Bailes appeals his conviction by a jury on 5 counts of attempted murder and 5 counts of wanton endangerment.

38. State of West Virginia v. Thomas Menei, No. 012190

Menei appeals the circuit court order sentencing him to one (1) to five (5) years for his conviction on a plea to the offense of Unlawful Assault, with the sentence to be served consecutively to any other sentence that he was then serving.

39. State of West Virginia v. Henry Donovan Buzzard, No. 012291

Buzzard appeals the circuit court order denying his motion for reconsideration of sentence.

40. State of West Virginia v. William Nicholson, No. 012307

Nicholson appeals his conviction on a charge of intentional neglect of an incapacitated adult, claiming that the court should have granted his motion for acquittal.

41. State of West Virginia v. Steven Perkins, No. 012414

Perkins appeals the circuit court order denying his petition for reconsideration of sentence.

42. State of West Virginia v. Keith Piatt, No. 012439

Piatt appeals his conviction, following a bench trial, on the charges of Driving While Suspended for DUI, Driving While Suspended for Miscellaneous Reasons, and on a Seat Belt violation.

43. State of West Virginia v. Paul Robinson, No. 012568

Counsel for Robinson files an Anders brief appealing the circuit court denial of Robinson’s Rule 35(b) motion for reduction of sentence.