Supreme Court of Appeals of West Virginia

      Argument Docket    

Tuesday June 6, 2000

1. State of W. Va. v. Orville Taft Kitchen, III -   27054 -  Defendant appeals from his kidnapping conviction for which he received a sentence of 60 years in the penitentiary.

2. SER Robert Valentine v. Ron Watkins, Sheriff - 27444 - Petitioner, pro se, seeks a writ of habeas corpus alleging that his discharge date should be about 6/24/00 and not 9/6/00 because he was in the jail from 2/10/99 until 6/24/99 but was credited as street time.  W.Va. Code 61-11-24 requires time spent in jail be credited on the sentence. 

3. SER Gordon O. Lambert, President, et al. v. Hon. Kendrick King, Judge, et al.  - 27466 - No summary available. 

4. SER Kevin Cart v. Hon. Clarence L. Watt, Judge  - 27621 - Cart, pro se, seeks a writ of mandamus directing Judge Clarence Watt to rule upon his Writ of Habeas Corpus and his Motion for an Omnibus Habeas Corpus hearing which was filed on 4/29/'97. Issue: Whether Judge Clarence Watt should be compelled to rule upon Kevin Cart's Writ of Habeas Corpus and his Motion for an Omnibus Habeas Corpus hearing? - Submitted on briefs. 

5. SER Jamal A. Azeez v. Hon. H. L. Kirkpatrick, III, Judge  - 27622 - Petitioner, pro se, seeks a writ of mandamus to compel Judge Kirkpatrick to rule upon his habeas corpus petition. - Dismissed. 

6. SER Roger L. Harper v. Hon. Charles E. McCarty, Judge  - 27623 - Harper, pro se, seeks to compel Judge Charles McCarty to conduct an evidentiary hearing and render a final decision in Civil Action No. 93-C-147, filed by Harper on 8/10/93. - Dismissed. 

7. SER Luke R. Brant v. William F. Vieweg, WC Comm’r  -  27620 - Petitioner, Brant, asserts that the Respondent, William Vieweg, has failed to carry out his statutorily mandated duties and should be required to do so by this Court. Issue: Whether a Rule to Show Cause should be issued directing Respondent to show cause why he should not be required to enter a ruling on the merits of petitioner's application to reopen his claim?- Dismissed. 

8. SER David Stewart, St. Supt.of Schools, et al. v. Hon. Jack Alsop, Judge, et al. -  27658 - Stewart and the W.Va. Dept of Education petition for a Writ of Prohibition seeking to prevent the respondents from proceeding with the underlying Mandamus Action in the Circuit Court of Clay County. In the underlying case, after the State Superintendent of Schools dismissed Ramsey's citizen appeal, Ramsey instituted a civil complaint in the Circuit Court of Clay County alleging that the Board of Education of Clay county violated its own bidding procedures when it handled her bid on a contract school bus run in Clay County. Ramsey then amended the complaint to petition for a Writ of Mandamus, seeking to compel the State Superintendent of schools to render a decision on the merits of her citizen appeal. - Submitted on briefs. 

9 SER Don Lee Landers v. Donald C. Wright, Circuit Clerk, et al.  - 27659 - Petitioner, Don Lee Landers, seeks to compel Respondents Donald A. Wright (Putnam Co. Circuit Clerk) and Leotha Boles (court reporter) to produce tape and/or transcripts from his criminal proceedings. Landers submitted a request for transcripts of all hearings in the underlying criminal case on 11/8/93. In 1/94, Landers received a transcript of his plea hearing (9/10/92) and a transcript of his sentencing hearing (105/92). The tapes of 16 court proceedings and appearances were not transcribed. In 2/99, Landers filed a formal request for the transcripts with the Putnam County Circuit Court. On 3/19/99, the Circuit Court entered an Order instructing the records custodians to turn over the tapes within 70 days. The 70 days passed without the production of the tapes. On 9/24/99, the Circuit Court ruled that Landers would be entitled to appropriate relief if the missing tapes were not produced. As of 3/28/00, Landers has not received the requested transcripts. - Submitted on briefs. 

10. SER Gearl L. Withrow v. Donald C. Wright, Circuit Clerk, et al.  - 27660 - No Summary available. -  Submitted on briefs. 

11. SER Gadzooks, Inc. v. Hon. John L. Cummings, Judge, et al. - 27682 - No Summary available. - Dismissed. 

12. SER James Pelphrey v. Hon. John L. Henning, Jr., Judge  - 27687 - Pelphrey, pro se, seeks a writ of mandamus compelling Judge Henning (Randolph County Circuit Court) to issue a response or set a hearing date concerning his habeas corpus petition filed on 3/26/99. - Dismissed. 

13. SER Franklin E. Carter v. Hon. Jay Hoke, Special Judge  - 27688 - Carter seeks a writ of mandamus compelling Judge Hoke to hold an Omnibus Habeas Corpus hearing. - Submitted on briefs. 

14. SER George William Eplin v. Hon. Jay M. Hoke, Judge  - 27689 - Petitioner, pro se, seeks a writ of mandamus compelling Judge Hoke, of the circuit court of Lincoln County, to rule on his Rule 35 Motion for Reconsideration of his sentence, which was filed in 9/99. - Submitted on briefs. 

15. SER Donald L. Hicks v. Hon. Kendrick King, Judge, et al.  - 27714 - Hicks, pro se, seeks a writ of prohibition against Judge Kendrick King to stop Judge King from presiding over any Hick's cases filed in McDowell County. - Dismissed.

16. SER Hobet Mining, Inc. v. Lucy Legg, Court Reporter  - 27715 - No Summary available. -  Submitted on briefs. 

Tuesday, November 13, 2001 10:54 AM