Writ Conference
Wednesday, June 25, 2008
1. Christina Sipos Brumfield v. Robert Darren Brumfield, No. 080986 (Filed 4/23/08)
Petitioner seeks stay of Family Court Order during the pendency of his appeal.
Refuse 5 - 0
2. State of West Virginia v. Daniel Lee Best, No. 081109 (Filed 5/14/08)
Defendant, convicted of Breaking and Entering by guilty plea, appeals circuit court order directing him to reimburse the Public Defender for attorney’s fees expended for his defense as part of his sentence.
Refuse 5 - 0
3. Connie Ward et. al v. Mountaineer Park, Inc., No. 081049 (Filed 5/2/08)
Plaintiffs below appeal circuit court order arguing that the circuit court erred in denying Plaintiffs’ motion for judgment as a matter of law and motion for new trial when the jury returned zero damages for uncontroverted future medical expenses for permanent injuries and loss of consortium claims.
Refuse 5 - 0
4. John Bostic v. State Farm Mut. Auto Ins. Co.. , No. 081054 (Filed 5/5/08)
Insured/Plaintiff below appeals circuit court order granting summary judgment to insurer on unfair trade practices claims.
Refuse 5 - 0
5. Jerry Daft v. Morgantown Utility Board, No. 081075 (Filed 5/9/08)
Plaintiff below appeals circuit court order granting summary judgment to defendant utility board based upon immunity under WV Code Section 29-12A-5(a) (11) for "...any claim covered by any workers’ compensation law..."
Refuse 5 - 0
6. Karen Kobily v. J. Jeffery Jaskolka, No. 081045 (Filed 5/2/08)
Plaintiff in domestic relations case appeals circuit court order denying her appeal of Family Court order.
Deferred
7. SER Larry P. McClure v. Evelyn Seifert, Warden No. 080427 (Filed 2/15/08)
Defendant, convicted of First Degree Sexual Assault and sentenced to 15-35 years in prison, seeks writ of habeas corpus arguing ineffective assistance of counsel based upon allegation that counsel failed to convey a plea offer to him that was made prior to trial.
Grant 5 - 0
Unless sooner mooted
8. SER Cynthia Lane v. Adrian Hoke, Warden, No. 080927 (Filed 4/11/08)
Defendant, convicted by jury of Second Degree Murder and sentenced to 10-30 years in prison, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel.
Deferred
9. SER Robert McClain v. Teresa Waid, Warden, No. 080746 (Filed 4/14/08)
Petitioner seeks issuance of a writ of mandamus arguing for production of transcripts of court hearings to prove his entitlement to credit for time served in underlying burglary charge.
Moot
10. SER Frank Choat v. Evelyn Seifert, Warden, No. 080747 (Filed 4/14/08)
Defendant seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel and impropriety by the State in the fulfillment of his plea agreement.
Refuse, Premature
11. SER Mark Anthony Held v. Larry Parsons, Administrator, No. 080922 (Filed 4/14/08)
Defendant seeks issuance of a writ of habeas corpus arguing that a witness against him was coerced into providing evidence against him.
Refuse, Premature
12. SER Victor Nutter v. Evelyn Seifert, Warden, No. 080931 (Filed 4/16/08)
Defendant seeks issuance of a writ of habeas corpus arguing trial errors.
Refuse 5 - 0
13. SER Marvin Smith v. Teresa Waid, Warden, No. 081153 (Filed 5/19/08)
Defendant seeks issuance of a writ of habeas corpus arguing that the Parole Board unfairly revoked his parole.
Refuse 5 - 0
14. SER Danny George v. James Rubenstein, Commissioner, No. 080979 (Filed 12/18/07)
Prisoner held in Regional Jail seeks issuance of a writ of mandamus arguing that he is entitled to transfer to a DOC facility.
Refuse 5 - 0
15. SER Carl T. Thompson v. James Rubenstein, Commissioner, No. 080988 (Filed 1/10/08)
Prisoner held in Regional Jail seeks issuance of a writ of mandamus arguing that he is entitled to transfer to a DOC facility.
Refuse 5 - 0
16. SER Russell Duane Tuck v. James Rubenstein, Commissioner, No. 080991 (Filed 1/31/08)
Prisoner held in McDowell County Correctional Center seeks issuance of a writ of mandamus arguing that he is entitled to transfer to a DOC facility.
Refuse 5 - 0
17. SER Ian Smith v. Hon. Alfred Ferguson, No. 080382 (Filed 2/12/08)
Defendant seeks issuance of a writ of mandamus, arguing that he has been denied right of appeal due to court reporter’s failure to produce transcript of his criminal proceedings.
Grant 5 - 0
Unless sooner mooted
18. SER Frank A. Hazelwood v. James Rubenstein, Comm’r, No. 080449 (Filed 2/19/08)
Prisoner, incarcerated at a Regional Jail Facility, seeks issuance of a writ of mandamus for transfer to a DOC facility and to address delay by the circuit court in underlying habeas action.
Refuse 5 - 0
19. SER David Lawrence Dixon v. McDowell County Circuit Court, No. 080526 (Filed 2/26/08)
Petitioner, convicted of First Degree Murder, First Degree Sexual Assault, Abduction of a Person and sentenced to Life without Mercy and a consecutive 3-10 year sentence, seeks issuance of mandamus to enforce prior order of this Court to appoint counsel in underlying habeas case and hold an omnibus hearing.
Refuse 5 - 0
20. SER Fred Buck v. Mason County Circuit Court, No. 080923 (Filed 4/15/08)
Defendant seeks issuance of a writ of mandamus arguing that circuit court has not entered a final decision in habeas matter which has been pending since 2001.
Moot
21. SER Robert G. Ginanni v. Robert L. Holland, Jr. No. 081070 (Filed 5/7/08)
Pro se Petitioner seeks a writ of mandamus to compel the circuit court to rule on an appeal from the Family Court.
Grant 5 - 0
Unless sooner mooted
22. SER Ronald E. Taylor, Sr. v. Mercer County Court Reporter, No. 081042 (Filed 5/1/08)
Defendant, convicted by jury of four counts of First Degree Sexual Assault and four counts of Sexual Abuse by a Custodian, brings summary bail petition.
Refuse 5 - 0
23. SER Frank E. McCune v. State of WV, No. 081204 (Filed 4/8/08)
Defendant seeks issuance of a writ of prohibition arguing that he should not be required to register as a sex offender because he discharged his sentence prior to the enactment of the registration statute.
Refuse 5 - 0
24. SER Michael "Travis" Hinkle & Jack Grimes, Jr. v. James Rubenstein, Commissioner, No. 080989 (Filed 4/23/08)
Defendant seeks issuance of a writ of prohibition arguing that the DOC should be prohibited from employing the Denmar Institutional Training Officer as the Institutional Hearing Officer.
Refuse 5 - 0
25. In the Matter of: Isiah Tavin B., No. 081076 (Filed 5/9/08)
Mother appeals circuit court order terminating her parental rights, arguing the circuit court erred by denying her motion for improvement period, by failing to make specific factual findings on the record and in the Dispositional Order to support its conclusion that there was no reasonable likelihood that Mother could eliminate the conditions of neglect and other statutory findings and that the circuit court erred in finding that there was no reasonable likelihood that the Mother could correct the conditions of abuse and neglect in the near future.
Refuse 5 - 0
26. In the Matter of: Austin S., No. 081110 (Filed 5/14/08)
Father appeals circuit court order terminating his parental rights.
Refuse 5 - 0
27. In the Matter of: Arthur S., Levi G, and Vera S. , No. 080785 (Filed 5/16/08)
Parents appeal circuit court order adjudicating them as to physical abuse of the eldest child and neglect as well as denying their motion for free transcripts.
Refuse 5 - 0
28. In the Matter of: Ethan M., No. 081207 (Filed 5/28/08)
Mother appeals circuit court order terminating her parental rights.
Refuse 5 - 0
29. In the Matter of: Christian J. H. and Whitney N. K., No. 081219 (Filed 6/2/08)
Mother appeals circuit court order denying her motion to modify prior dispositional order which terminated her custodial rights to children, arguing that she should have been granted a hearing on the issues of change of circumstances.
Refuse 5 - 0
30. In the Matter of: Kamryn C., No. 081222 (Filed 6/2/08)
Mother appeals circuit court order terminating her parental rights.
Refuse 5 - 0
31. In the Matter of: Kaylee D., Tyler D. & Kaitlyn D., No. 081230 (Filed 6/4/08)
Mother appeals circuit court order terminating her parental rights.
Refuse 5 - 0
32. In the Matter of: Christopher A. and Anthony L., No. 081236 (Filed 6/5/08)
Father appeals circuit court order terminating his parental rights.
Refuse 5 - 0
33. Rickey Drake v. Waco Oil & Gas Co., Inc., No. 080739 (Filed 3/20/08)
The issue before the Court is a certified question regarding the rights to accounting of a non-leasing co-tenant to mineral rights.
Grant 5 - 0
34. State of West Virginia v. Randall Todd Echard, No. 080999 (Filed 4/24/08)
Petitioner appeals the court’s ruling denying both a motion for alternative sentencing and for reconsideration of sentence.
Refuse 5 - 0
35. Melvin James v. Kimberly K. Allen, No. 080727 (Filed 3/19/08)
Petitioner appeals court’s order granting summary judgment in favor of Respondents in estate and property dispute.
Refuse 5 - 0
36. SER James F. Pipes v. David Ballard, Warden, No. 080272 (Filed 1/28/08)
Petitioner files this original petition for writ of habeas corpus arguing that the medical staff at Mount Olive is not properly addressing his medical needs.
Refuse 5 - 0
37. SER Samuel O’Brien v. Teresa Waid, Warden, No. 080486 (Filed 2/22/208)
Petitioner seeks the issuance of a writ of habeas corpus, alleging due process inasmuch as he has not been afforded a parole revocation hearing.
Refuse 5 - 0
38. SER 1Starr Dalton v. Thomas McBride, Warden, No. 080605 (Filed 3/3/08)
Petitioner files this original jurisdiction petition for writ of habeas corpus, arguing that Petitioner was subjected to an unconstitutional search and seizure and unlawful arrest, the State violated the West Virginia Rules of Evidence and the Sixth Amendment at the preliminary hearing, Petitioner’s conviction was obtained through the use of perjured testimony, the State violated the West Virginia Rules of Criminal Procedure, Petitioner’s rights to protection against self-incrimination were violated, the State failed to follow West Virginia Code § 49-5-1 through 18,the waiver of juvenile jurisdiction was unlawfully obtained, the plea bargain was illegal, the court violated Petitioner’s rights at the plea hearing, Petitioner’s rights against double jeopardy were violated, Petitioner suffered ineffective assistance of counsel, Petitioner has been subjected to cruel and unusual punishment, Petitioner has been denied access to the courts, and the court violated Petitioner’s rights to due process.
Refuse 5 - 0
39. SER James C. Lupo, et al. v. David Ballard, Warden, No. 080629 (Filed 3/4/08)
Petitioners seek the issuance of a writ of habeas corpus alleging that their rights to access to the courts are being denied.
Refuse 5 - 0
40. SER Billy Joe Pelfrey v. WVDOC , No. 080681 (Filed 3/12/08)
Petitioner asks this Court to compel the DOC to credit him for time served/good time, or, in the alternative, to compel the lower court to rule on his mandamus which he filed below seeking the same relief.
Refuse 5 - 0
41. SER James Watts v. WV Board of Probation and Parole, No. 080799 (Filed 4/1/08)
Petitioner files this original jurisdiction petition for writ of habeas corpus arguing that his parole was wrongfully revoked given that the charges that lead to the parole revocation were dismissed.
Refuse 5 - 0
42. SER Dennis Wayne Jones v. Mark Williamson, Warden, No. 080832 (Filed 4/3/08)
Petitioner files this original jurisdiction petition for writ of habeas corpus alleging that his sentence was enhanced unfairly inasmuch as the court did not follow W.Va. Code § 61-11-19.
Deferred
43. SER Keith Miller v. James D. Spencer, Administrator, No. 080926 (Filed 4/16/08)
Petitioner seeks the issuance of a writ of habeas corpus and files this Rule 35 motion for correction or reduction of sentence arguing ineffective assistance of counsel and involuntary plea.
Refuse 5 - 0
44. SER Wendell Pettry v. David Ballard, Warden, No. 080958 (Filed 4/18/08)
Petitioner seeks issuance of writ of habeas corpus arguing that he was denied a mental evaluation, was beaten at the time of his arrest, and was not read his rights at the time of his arrest.
Grant 5 - 0
45. SER David L. Reynolds (Carter) v. Tammy Runyon, Court Reporter, No. 080733 (Filed 3/19/08)
Petitioner seeks the issuance of a writ of mandamus to compel two court reporters to either give Petitioner estimates as to the cost of preparing certain portions of the requested transcripts and/or to prepare the requested transcripts.
Refuse 5 - 0
46. SER Lee W. Hogan v. Charles King, Judge, No. 080762 (Filed 3/26/08)
Petitioner seeks the issuance of a writ of mandamus to compel the lower court to rule upon a petition for writ of mandamus pending below.
Deferred
47. SER Willard D. Hutchinson v. Dan O’Hanlon, Judge, No. 080831 (Filed 5/9/08)
Petitioner seeks a writ of mandamus to compel the lower court to take certain actions in his pending habeas corpus action.
Deferred
48. In the Matter of: Gabrielle, Alinda, and Breanna G., No. 080653 (Filed 3/11/08)
Petitioners appeal the termination of their parental rights.
Refuse 5 - 0
49. In the Matter of: Kayonna, Kavon & Keyiala P., No. 080841 (Filed 4/7/08)
Petitioner/Mother appeals the termination of her parental rights and the denial of her motion for reconsideration.
Refuse 5 - 0
50. In the Matter of: Joseph C. and Justin C., No. 080932 (Filed 4/16/08)
Petitioner, boyfriend appeals the termination of his improvement period and custodial rights to his girlfriend’s child.
Refuse 5 - 0
51. In the Matter of: Joseph C. and Justin C., No. 080933 (Filed 4/16/08)
Petitioner/Mother appeals the termination of her parental rights, arguing that she should have been granted a post-dispositional improvement period.
Refuse 5 - 0
52. In the Matter of: Stephen A., Jr., No. 081026 (Filed 4/28/08)
Petitioner/Father appeals the termination of parental rights on a finding of abandonment.
Refuse 5 - 0
53. In the Matter of: Abigail & Joseph P., No. 081066 (Filed 5/7/08)
Petitioner/Father appeals the termination of his parental rights.
Refuse 5 - 0
54. In the Matter of: Kaylee S., No. 081150 (Filed 5/19/08)
Petitioner/Father appeals the termination of his parental rights.
Refuse 4 - 0
(Albright, J. Not Participating)
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