Supreme Court of Appeals
of West Virginia
WRIT CONFERENCE
THURSDAY, JANUARY 25, 2001
1. In the Matter of: Nadine H., et al.,
No. 002687 (filed 12-15-00)
Mother appeals the termination of her parental rights
to three of her five children, claiming that the court erred in conducting an
improper hearing by a delay of almost three years, and by allowing two of the
children, ages eight and ten, to determine their placement.
Refuse 5-0
2. In the Matter of: David M. & Tyler
S., No. 002726 (filed 12-11-00)
In this abuse and neglect case, the WVDHHR appeals
the circuit court order granting the father a two year improvement period, claiming
that the court erred in that the length of the improvement period violates W.Va.
Code § 49-6-5(c), § 49-6-12 and existing W.Va. case law.
Refuse 4-1
(Davis, J.)
3. In the Matter of: Harold F.,Jr.,
No. 002937 (filed 12-29-00)
Father appeals the termination of his parental rights,
claiming that the circuit court erred in failing to grant the father a post-adjudicatory
improvement period, in failing to follow the West Virginia Rules of Procedure
regarding timeliness of hearings, entry of orders, and notice of hearings, in
failing to consider any disposition other than termination of the father's parental
rights, and in admitting records of prior abuse and neglect proceedings in Maryland
into evidence.
Refuse 5-0
4. In the Matter of: Bobby T., et al.,
No 010019 (filed 1-8-01)
Mother appeals the circuit court order terminating
her parental rights, claiming that the circuit court erred in that there was
insufficient evidence to support permanent termination of her parental rights.
Refuse 5-0
5. Samuel Lescalleet and Denise Lescalleet
v. Jerry Suthard, and J&N Contractors, Inc.,
No. 001926 (filed 8-23-00)
Lescalleet appeals the jury verdict for the defendant
in his suit for damages alleged from the faulty construction of his home. Lescalleet
claims that the verdict was against the weight of the evidence because the defense
failed to refute the testimony of the plaintiff's expert witness.
Refuse 5-0
6. Sandra L. Lilly v. James T. Foster
, No. 001855 (filed 8-28-00)
The W.Va. Bureau of Child Support Enforcement appeals
the circuit court order barring the collection of unpaid child support installments
which had already accrued to Sandra Lilly. Bureau claims that the circuit court
erred in determining that the collection efforts of the Bureau for Child Support
Enforcement from 1982 through 1987 are insufficient to toll the statute of limitations.
Refuse 3-2
(Davis, J., Starcher, J.)
7. Brian Edmond, et al. v. W.Va. Div.
of Corrections, No. 002125 (filed 10-5-00)
The Division of Corrections implemented a new system
in 1994 whereby all new employees were started in the rank of Correctional Officer
I (COI). In order to move up to COII, the officer would have to complete an
Officer Apprenticehip Program (OAP). Officers who completed the OAP and were
promoted to COII, would receive a pay increase of approximately 5%.
Refuse 5-0
8. State of West Virginia v. Chris Allen Barger,
No. 002336 (filed 10-18-00)
In the underlying extradition case, the State of
California seeks to return Barger to that state to stand trial for charges relating
to an alleged theft. Barger appeals the circuit court denial of his petition
for a Writ of Habeas Corpus, claiming that the court erred in denying the petition
without holding a hearing.
Refuse as moot
9. State of West Virginia v. John W. Harless, Jr.,
No. 002098 (filed 09-13-00)
Harless appeals his conviction on one count of
DUI, Third Offense, for which the circuit court sentenced him to 1 to 3 years
in the penitentiary. Harless claims that the circuit court erred in admitting
expert testimony in violation of Rule 705 of the West Virginia Rules of Evidence
and in failing to require in court identification of the defendant after allowing
the admissibility of fingerprint cards as self-authenticating documents.
Refuse 5-0
10. State of West Virginia v. Scott M. Snyder,
No. 002193 (filed 9-20-00)
Counsel for Snyder files an “Anders brief”
appealing Snyder's conviction on one count of Aggravated Robbery, two counts
of Destruction of Property, one count of Burglary, and one count of Petit Larceny
and seeking to be relieved as counsel for Snyder. Snyder claims he circuit court
erred in allowing evidence to be presented to the jury of alleged prior bad
acts by Snyder in violation of Rule 404(b) of West Virginia Rules of Evidence.
Refuse Petition 5-0
Grant motion for leave to be removed as counsel 5-0
11. State of West Virginia v. Phillip Don Williams,
No. 002374 (filed 10-13-00)
Williams appeals his conviction on one count of Possession
with Intent to Deliver, claiming that the circuit court erred in admitting evidence
derived from a search that was undertaken in violation of Williams constitutional
rights, in denying due process in allowing admission of tainted evidence, and
in allowing the conviction to stand upon insufficient evidence.
Grant 4-1
(Davis, J.)
12. State of West Virginia v. Jo Ann Thaxton, No.
002406 (filed 10-20-00)
Thaxton appeals her jury conviction on one count of Delivery
of a Controlled Substance, claiming the circuit court erred in denying her motion
for a new trial based on a claim of insufficient evidence.
Refuse 4-1
(Starcher, J.)
13. State of West Virginia v. Phillip Moore,
No. 002413 (filed 10-24-00)
Moore appeals his conviction on one count of Delivery
of a Controlled Substance, claiming the circuit court erred in granting the
State's motion to excuse a juror for cause and then deny Moore's motion to excuse
another juror for cause when the argument was almost the same, and in failing
to grant Moore's Motion for Judgment of Acquittal based on insufficiency of
the evidence.
Refuse 4-1
(Starcher, J.)
14. State of West Virginia v. Samuel Ferrell Block,
No. 002571 (filed 11-14-00)
Block appeals his conviction by a jury on one count
of DUI, First Offense and one count Fleeing While DUI, and the circuit court
denial of his post-conviction motions for relief, claiming that the court erred
in that the evidence at trial was insufficient to support a DUI conviction.
Refuse 4-1
(Starcher, J.)
15. State of West Virginia v. Carlos Rivera, No.
002619 (filed 11-15-00)
Rivera appeals his jury conviction on one count
of Aggravated Robbery, claiming that the court erred in denying his mid-trial
motions for directed verdict and his post-trial motions for Judgment of Acquittal
and for a New Trial which were based on his assertion that the State had failed
to prove intent, which is an essential element of the crime charged.
Refuse 4-1
(Starcher, J.)
16. In the Matter of Kameron M.,
No. 002559 (filed 11/9/00).
Father appeals the lower court's preliminary and adjudicatory
orders in an abuse and neglect case.
Refuse 4-1
(Starcher, J.)
17. In the Matter of Tasha, Dale, and Tabitha
H., No. 002684 (filed 12/19/00).
Father appeals the termination of his parental rights.
Refuse 4-1
(Starcher, J.)
18. In the Matter of Terry, Christopher,
and Caroline C., No. 002805 (filed 12/21/00).
Father appeals the termination of his parental rights.
Refuse 4-1
(Starcher, J.)
19. In the Matter of Sabrina L.,
No. 002839 (filed 12/29/00).
Mother appeals the termination of her parental rights.
Refuse 4-1
(Starcher, J.)
20. In the Matter of Larry, Heather, and
Amanda H., No. 002857 (filed 12/29/00).
Father appeals the termination of his parental rights
to his son.
Refuse 4-1
(Starcher, J.)
21. In the Matter of Shanee Carol B.,
No. 010004 (filed 1/2/01).
Potential adoptive family apeals the lower court's placement
of Shawnee B. with another adoptive family.
Grant 5-0
motion to expedite the appeal, stay previously entered is continued
22. Shelby Leary, Commissioner, WV Div.
Of Labor v. McDowell County National Bank,
No. 002355 (filed 10/12/00).
The Commissioner of the WV Division of Labor appeals
the dismissal of its claim against the McDowell County
National Bank in a Wage Payment and Collection Act case.
Grant 5-0
23. City of Fairmont v. Tony Givens,
No. 002453 (filed 10/23/00).
Givens, pro se, appeals the dismissal of his lawsuit
against the City of Fairmont and attorney Kevin Sansalone.
Refuse 5-0
24. Tammi Ray v. Jimmie Ray,
No. 002732 (filed 11/30/00).
Jimmie Ray appeals a $250,000.00 rehabilitative alimony
award to Tammi Ray.
Refuse 5-0
25. State v. Stephen Bradley Vennis,
No. 002123 (filed 10/3/00).
Vennis pled guilty to one count of sexual abuse by a parent,
guardian, or custodian. He appeals, arguing that the lower
court erred in failing to suppress tape recorded statements.
Refuse 5-0
26. State v. Jonathan Blankenship,
No. 002297 (filed 10/13/00).
Blankenship appeals his misdemeanor conviction of negligent
homicide.
Refuse 5-0
27. State v. Jimmie Meccya Williams,
No. 002347 (filed 10/17/00).
Williams appeals his conviction for abduction.
Refuse 5-0
28. State v. James Douglas Wilson,
No. 002397 (lodged 10/18/00).
Wilson appeals his convictions for grand larceny, third
offense DUI, driving while revoked, and two counts
of battery on a police officer.
Refuse 5-0
29. State v. Jerry Sapp, Jr.,
No. 002662 (filed 11/28/00).
Sapp appeals his convictions for first degree sexual
assault and sexual assault by a parent, guardian, or
custodian.
Refuse 5-0
30. William Earl Cline v. Howard Painter,
Warden, No. 002337 (filed 10/17/00).
Cline appeals the denial of habeas relief.
Refuse 4-0
(Maynard, J. - disqualified)
31. In the Matter of Justin and Joseph
T., No. 002843 (filed 12/15/00).
Mother appeals the termination of her parental rights
to her two sons.
Refuse 5-0
32. In the Matter of Goldie J., et al., No. 002831
(filed 12/28/00).
Father appeals the termination of parental rights.
Refuse 5-0
33. In the Matter of Goldie J., et al., No. 002832
(filed 12/28/00).
Father appeals the termination of parental rights.
Refuse 5-0
34. In the Matter of Goldie J., et al., No. 002833
(filed 12/28/00).
Father appeals the termination of parental rights.
Refuse 5-0
35. In the Matter of Kenny T. and Louva T.,
No. 002838 (filed 12/29/00).
Mother appeals the termination of her parental rights.
Refuse 5-0
36. In the Matter of James M., No. 002809 (filed
12/22/00).
The Guardian Ad Litem, Jennifer A. Keadle, appeals
of the Dismissal of the Petition for Abuse and Neglect against the Respondent
Father, Arthuro Vasqueq.
Refuse 4-1
(Maynard, J.)
37. SER James Guy Arnold v. State of
WV, No. 002247 (filed 9/29/00).
Arnold, pro se, seeks a writ of Habeas Corpus asserting
the following allegations:
(1) the indictment returned against Petitioner on 11/6/98
fails to set forth essential factual allegations or provide adequate notice
of the elements of the offense or crime charged;
(2) the State charged Petitioner under an inappropriate
code section;
(3) Lack of Jurisdiction;
(4) West Virginia Code §61-3C-4 and West Virginia
Code §61-3C-13 are vague and ambiguous because they fail to provide a person
of ordinary intelligence fair notice that his/her contemplated conduct is proscribed
and fails to provide fair or adequate standards for adjudication;
(5) the State failed to provide discovery;
(6) the circuit court deprived petitioner of his right
to a fair hearing by its failure to rule on a Motion for a Bill of Particulars,
a Motion for Severance of Counts contained in the Indictment, a Motion for Severance
of Counts contained in the Indictment, a Motion to Compel the State to disclose
material evidence from AOL.;
(7) the indictment failed to charge an offense.
Refuse 5-0
38. SER Kenny D. Sayre v. Howard Painter-Warden,
No. 003018 (filed 12/21/00).
Sayre, pro se, seeks a writ of habeas corpus alleging
that the State failed to confront petitioner with Recidivist Information in
the same term of court as his convictions in violation of West Virginia Code
§ 61-11-19
Grant 3-2
(Davis, J., Maynard, J.)
39. SER Robert Bowers III v. Howard Painter-Warden,
No. 002187 (filed 9/25/00).
Bowers, pro se, seeks a writ of habeas corpus alleging
Ineffective Assistance of Counsel.
Refuse 5-0
40. SER William Hawkins v. WV Board of Probation
and Parole, No. 002392 (filed 10/17/00).
Hawkins, pro se, seeks a writ of habeas corpus alleging
that the West Virginia Parole Board has violated his Constitutional Rights of
Due Process and Equal Protection by the method used by the Parole Board to deny
him parole for the past 12 years.
Refuse 5-0
41. SER Jermaine Mayfield v. Howard Painter-Warden,
No. 002556 (filed 11/2/00).
Mayfield, pro se, seeks a writ of habeas corpus in
which he asserts several assignments of error: (1)Unintelligent Waiver of Counsel;
(2) Conviction obtained by a coerced confession; (3) Ineffective Assistance of
Counsel; (4) Unlawfully Induced Guilty Plea Made Voluntarily Without Fully Understanding
the Charge and Consequences.
Refuse 5-0
42. SER Timothy Miller v. Howard Painter-Warden,
No. 002649 (filed 10/20/00).
Miller, pro se, seeks a writ of habeas corpus alleging
that the State failed to uphold their end of the plea bargain by not running his
sentences concurrently. Miller asserts that his guilty plea should be withdrawn
in order to avoid manifest injustice, and his convictions vacated. Miller further
requests that this court appoint him an attorney to assist him in preparing an
appeal to this Court.
On 12/5/00, Miller filed
an additional letter to this Court in which Miller asserts that the Circuit Court
violated the Double Jeopardy Clause when the Circuit Court allowed Miller to enter
a guilty plea to Sexual Assault in the Second Degree, Incest and Sexual Abuse
by a Parent. Miller asserts that because all three counts stemmed from the same
event, his plea bargain violates the Double Jeopardy Clause.
Refuse 5-0
43. SER Douglas A. Redleski v. Howard
Painter-Warden, No. 002095 (filed 9/12/00).
Redleski, pro se, seeks a writ of habeas corpus
alleging eight assignments of error:
(1) ineffective assistance of counsel;
(2) Denial of right to a fair trial and due process
because the prosecutor used intimidation, obstruction of justice and subornation
of perjury;
(3) Due Process violation because the prosecuting
attorney violated sequestration rules;
(4) Due Process violation because the prosecuting attorney
amended the states information by including an additional offense causing petitioner
to be sentenced to life;
(5) Due Process violation when the prosecuting attorney
introduced letters alleged to have been written by the petitioner without a hearing
or proof of authentication
(6) Violation of due process by the prosecutor when the
prosecutor allowed the Deputy Sheriff to testify about items illegally obtained
through a illegal search warrant;
(7) the evidence presented was insufficient to sustain
a conviction;
(8) The circuit court incorrectly denied petitioner's
habeas corpus petition.
Refuse 5-0
44. SER Edward A. Morton v. William Haines-Warden,
No. 002609 (filed 11/13/00).
Morton, pro se, seeks a writ of habeas corpus in which
he alleges that several assignments of error: (1)The circuit court arbitrarily
and capriciously denied his petition for a writ of habeas corpus;
(2) Deprivation of the right to effective assistance of
counsel;
(3) Inhumane conditions in the Taylor County Jail for
112 days;
(4) Unenforceable guilty plea;
(5) Petitioner's attorney waived petitioner's right
to a Presentence Investigation Report due to his attorney's desire to dispose
of the case;
(6) Conviction in violation of his privilege against self-incrimination
under the Fifth and Fourteenth Amendments when his attorney urged him to reveal
unknown and unproven criminal acts (breaking and entering) to the State, and when
significant proceedings were done in the presence of the prosecutor.
Refuse 5-0
45. SER Kenneth E. Bennett v. William Haines-Warden,
No. 001757 (filed 7/28/000).
Bennett, pro se, seeks a writ of habeas corpus alleging
several assignments of error: (1) insufficiency of evidence in the Indictment
and Information; (2) Conviction obtained by use of evidence gained pursuant to
an unconstitutional search and seizure; (3) Conviction was obtained by
a coerced confession; (4) Ineffective Assistance of Counsel.
Refuse 5-0
46. SER Richard Barnes, Vanessa Hamlette v. Paul
Kirby, No. 002578 (filed 11/6/00).
Petitioners, pro se, seeks a writ of habeas corpus
alleging the following assignments of errors: (1) Conviction obtained by guilty
plea was unlawfully induced and was not entered into with the understanding of
the charges and consequences of the charges; (2) Conviction obtained by use of
coerced confession; (3) Conviction obtained by the use of evidence gained pursuant
to an unconstitutional search and seizure; (4) Ineffective Assistance of Counsel.
Refuse 5-0
47. SER Robert Shrout v. William Haines-Warden,
No. 002583 (filed 11/6/00).
Petitioner, pro se, seeks a writ of habeas corpus,
alleging that the parole board hearings are a sham.
Refuse 4-1
(Starcher, J. Disqualified)
48. SER Bobby E. Phillips v. William Haines-Warden,
No. 002704 (filed 11/14/00).
Petitioner, pro se, seeks a writ of habeas corpus
alleging the Warden at Huttonsville Correctional Center and the Parole Board
violated his constitutional rights by wrongly taking away one year, seven months
and 29 days good time for committing a parole violation.
Refuse 4-0
(Starcher, J. - not participating)
49. SER Jack Grimes, Jr. v. William Haines-Warden,
No. 002703 (filed 11/16/00).
Petitioner, pro se, seeks a writ of habeas corpus
alleging the following assignments of error: (1) Ineffective Assistance of Counsel;
(2) the State failed to ensure that petitioner was mentally competent to stand
trial or to enter a plea-agreement; (3) Invalid plea agreement; (4) Violation
of Double Jeopardy Clause; (5) Violation of petitioner's due process rights
when the Circuit Court Judge denied petitioner's Motion for a Change of Venue
in light of the vast negative publicity surrounding the case; (6) the trial
court violated petitioner's due process rights by allowing unsworn testimony
to come into evidence and by allowing the prosecutor to stop petitioner from
viewing the crime scene; (7) the trial judge violated petitioner's due process
rights by allowing the prosecutor to enter evidence into the record of petitioner's
past crimes which were not relevant; (8) the prosecutor denied petitioner's
due process rights by withholding exculpatory evidence favorable to petitioner.
Deferred
50. SER Eddie B. Blankenship v. James
Huppenthal-Administrator, No. 002224 (filed 9/27/00).
Blankenship, pro se, seeks a writ of habeas corpus
alleging the following assignments of error:
(1) Ineffective Assistance of counsel;
(2) The prosecutor denied him due process by failing
to inform of grand jury hearings; failed to allow petitioner to have a preliminary
hearing; the prosecutor indicted him for two counts of malicious wounding even
though he never presented any evidence at trial to show that either of these
men were hurt or that a weapon was used; the prosecutor withheld information
from petitioner;
(3) Judge John R. Frazier was impartial and unfair;
(4) Denial of the right to be tried by an impartial
jury. One juror lied about knowing petitioner and petitioner's father;
(5) Denial of a line-up by petitioner's attorney;
(6) Denial of right to face accusers.
Refuse 5-0