Writ Conference
June 13, 2002
1. State of WV v. Steven Dale Meadows, No. 020039
Petitioner filed a Petition for Appeal in which Petitioner seeks reversal of the Circuit Court Order which revoked Petitioner’s Probation, and sentenced him to 5 to 15 years for Sexual Abuse. Petitioner assets the following assignments of error: (1) the trial court and probation officer erred in placing the Petitioner on probation before there had been compliance with the provisions of West Virginia Code 62-12-2(e) which required sexual abuse counseling; (2) the trial court erred in entering an order of commitment which contained a conviction date of 10/7/94, and an effective sentence date of 8/15/01, where defendant had previously been sentenced by the trial court order entered November 10. 1994 and then probated; (3) the trial court erred in revoking the Petitioner’s probation.
REFUSE 5-0
2. SER William Samuel Rogers v. George Trent, No. 020220
Petitioner appeals circuit court order denying habeas corpus relief, asserting that the circuit court erred in finding that there was no ineffective assistance of trial counsel.
REFUSE 4-0
( ALBRIGHT, J. DISQUALIFIED)
3. State of West Virginia v. Dorsie Blosser, No. 020427
Petitioner appeals circuit court order sentencing him to not less than one nor more than three years for third DUI, and not less than one or more than ten years for DUI causing death to run consecutively, asserting that the circuit court erred in denying his motion to exclude prior DUI for enhancement purposes and asserting that his sentence was excessive and disproportionate to the degree and character of the offense.
REFUSE 5-0
4. State of West Virginia v. Raymond Dancy, No. 020553
Petitioner appeals circuit court order sentencing him to not less than one year nor more than ten years in prison for breaking and entering and to a suspended sentence of one year in the county jail for petit larceny to begin to be served by three years supervised probation at the conclusion of service of the sentence for breaking and entering. Petitioner asserts insufficiency of the evidence to convict.
REFUSE 4-1
(McGRAW, J.)
5. State of West Virginia v. Billy Ray Dudley, Jr., No. 020679
Petitioner appeals circuit court order revoking Petitioner’s probation and sentencing him to not less than one nor more than five years each for two counts of conspiracy and not less than one nor more than ten years for burglary, asserting that the circuit court erred in admitting the alleged statement of his wife, a co-defendant, and erred as there was insufficient evidence to revoke probation.
GRANT 3-2
(DAVIS, C.J., MAYNARD, J.)
6. State of West Virginia v. William Clay Lattanzia, No. 020687
Petitioner appeals circuit court order sentencing Petitioner to serve not less than one nor more than five years in prison for guilty plea to one count of felony delivery of a controlled substance (hydrocodone), asserting that the circuit court erred in accepting his guilty plea when the possible maximum sentence was misstated, based in part on ineffective assistance of his counsel, and that the circuit court erred in failing to grant probation.
REFUSE 5-0
7. State of West Virginia v. Larry Allen Bias, No. 020690
Petitioner appeals circuit court order sentencing him to not less than one nor more than ten years in prison based upon his guilty plea to grand larceny, indicating that the sentence would be served consecutively with any other sentence imposed upon Petitioner by any other county. Petitioner appeals asserting that the circuit court erred in failing to sentence him according to the terms of the plea agreement, and in denying probation or alternative sentencing in the county jail.
REFUSE 4-1
(STARCHER, J.)
8. State of West Virginia v. Ronald D. Cecil, No. 020692
Petitioner appeals circuit court order sentencing him to a suspended indeterminate sentence of not less than one nor more than five years in prison for conviction by jury of one count of cultivating marijuana. Petitioner asserts that there was insufficient evidence to submit the case to the jury and that the circuit court erred in denying his motion for acquittal based upon the insufficiency of the evidence.
REFUSE 3-2
(STARCHER, J., ALBRIGHT, J.)
9. State of West Virginia v. Lewis Sanders, No. 020715
Petitioner files pro se mandamus regarding his placement in the regional jail rather than Mt. Olive or another DOC controlled facility following remand and retrial on armed robbery charges.
DEFERRED
10. State v. Lloyd Buckhannon, No. 020837
Petitioner appeals circuit court order sentencing him to life, based upon conviction by jury for multiple counts of sexual abuse and sexual assault and based upon recidivism. Petitioner asserts insufficient evidence to support conviction, evidentiary error, and prosecutorial misconduct.
REFUSE 3-1
(STARCHER, J.)
(ALBRIGHT, J. DISQUALIFIED)
11. Mark and Patricia Conley v. Billy Johnson, et al., No. 020038
Plaintiffs below appeal circuit court order granting summary judgment to defendants below in this declaratory judgment action, asserting that the court erred in finding no valid contract between the parties.
GRANT 5-0
12. In the Matter of: Stephen Tyler R., No. 020724
Father appeals termination of his parental rights, asserting violation of his due process rights and asserting that the circuit court exceeded its authority in ordering him to continue to pay child support after terminating his parental rights.
GRANT 4-0
(STARCHER, J., Not Participating)
13. In the Matter of: Harley Montana B. and Harrison Cole B., No. 020737
Mother appeals termination of her parental rights, asserting that the circuit court erred in terminating her improvement period and in terminating her parental rights.
REFUSE 4-0
(STARCHER, J., Not Participating)
14. In the Matter of: Tyler Michael E., No. 020756
Mother appeals circuit court order which denied a hearing on the restriction of her post-termination visitation when she asserts that there was no clear evidence that it was in the best interests of her child and asserts that her consensual termination of parental rights should be vacated based upon the misrepresentation that she would be allowed to continue to visit her son, post-termination.
GRANT 2-2
(DAVIS, C.J., MAYNARD, J.)
(STARCHER, J., Not Participating)
15. In the Matter of: Christopher H., No. 020802
Father appeals circuit court order terminating his parental rights, asserting that there was insufficient evidence to support termination.
REFUSE 4-0
(STARCHER, J., Not Participating)
16. In the Matter of: Hunter D., No. 020826 (Mother’s Petition; Father’s is 020827)
Mother appeals circuit court order terminating her parental rights, alleging that there was no clear and convincing evidence supporting the termination of her parental rights and that the circuit court erred in denying her an improvement period.
REFUSE 4-0
(STARCHER, J., Not Participating)
17. In the Matter of: Hunter D., No. 020827 (Father’s petition; Mother’s is 020826)
Father appeals circuit court order terminating his parental rights, alleging that there was no clear and convincing evidence supporting the termination of his parental rights and that the circuit court erred in denying him an improvement period.
REFUSE 4-0
(STARCHER, J., Not Participating)
18. In the Matter of: Emily, Samuel & Gary K., No. 020833
Father appeals circuit court order terminating his parental rights, asserting that the court erred in terminating his improvement period and in finding sufficient proof to terminate his parental rights.
REFUSE 4-0
(STARCHER, J. Not Participating)
19. In the Matter of: Brandon, Danielle, Christie & Justin B., No. 020884
Father appeals circuit court order terminating his parental rights, asserting that the circuit court erred in terminating his improvement period and in finding that there was sufficient evidence to support termination of his parental rights.
REFUSE 4-0
(STARCHER, J., Not Participating)