Supreme Court of Appeals of West Virginia

Miscellaneous Motions Conference
Wednesday, March 10, 1999

1.	John C. Yoder Defer	Motion to Strike Surplusage and to Amend Administrative Order in In Re: Voluntary Recusal of the Honorable Margaret L. Workman, Justice of the Supreme Court of Appeals of West Virginia from Presiding in Proceedings Involving H. Truman Chafin as Counsel or as a Party, entered 2/23/99.
2.	Ancil G. Ramey No. 990554 Grant 5-0	Petition for Writ of Mandamus in SER EMSTAT Corp., et al v. Williams, Court Reporter, No. 990554.
3.	Gregory S. Prudich No. 983196 Refuse 5-0	Motion to Dismiss Petition for Appeal in Consolidation Coal Co. v. WCD/Shrewsbury, No. 983196 (filed 12/8/98). The motion alleges that the PTD issue was decided by the Court in No. 25233, which granted the claimant a PTD with an onset date of 5/13/91. Response filed.
4.	Donna Crispen, Pro Se No. 990261 Refuse 3-2 (Maynard, J. & McGraw, J.)	Motion to Reply to Response to Appellants' Petition for Appeal in Crispen v. WV Secondary School Activities Comn'n, et al., No. 990261. The motion seeks to reply after transcripts are reviewed.
5.	Donna Crispen, Pro Se No. 990261 Grant 5-0	Motion for Enlargement of Time to Appeal in Crispen v. WV Secondary School Activities Comn'n, et al., No. 990261. The circuit court dismissed the case on 9/22/98. The petition for appeal was filed 2/9/99.
6.	Mary M. Downey No. 990543 Refuse 3-2 (Workman, J. & Davis, J.)	Petition for Writ of Prohibition in SER Whiteside v. Wingard, No. 990543. The petition asserts that the family law master's temporary order of 12/18/98 changing custody of the child away from the mother was in error. The petition asserts that 1) the mother's due process rights were violated and she was denied a meaningful hearing; 2) no consideration was given to the earlier temporary custody order awarding the mother custody; and 3) delays in preparing the order require a immediate review and a stay of proceedings.
7.	Braun A. Hamstead No. 990384 Grant 3-2 (Workman, J. & Davis, J.)	Motion to File Supplemental Response of Defendant Campo-Miller to Petition for Appeal in W.V. Underground Storage Tank Ins. Fund, et al. v. Cupp, et al., No. 990384. The motion asserts that after submission of its response, counsel learned that the petition contains a factual error, which it seeks to address in the supplemental response. Response filed.
8.	James M. Cagle No. 24447 Defer	Motion to Record Objections of Suarez Corp. Industries to Participation of Justice Warren R. McGraw in SER McGraw v. Imperial Marketing, et al., No. 24447. Response filed.
9.	William F. Richmond, Jr. No. 25486 Refuse 5-0	Motion to Dismiss Appeal in Pennington v. WCD/Fayette Continuous Care Center, Inc., No. 25486. The motion asserts that appellant failed timely to file her brief and failed to copy the appellee.
10.	George M. Torres No. 990381 Refuse 5-0	Petition for Writ of Prohibition in SER Jones v. Reed, et al., No. 990381. The petition seeks to prohibit the circuit court from denying bail pending resolution of the habeas corpus proceeding.
11.	William C. Garrett No. 25800 Refuse 5-0	Motion to Dismiss Appeal in In the Interest of : Jamie Nicole H. et al., No. 25800, to be submitted 5/4/99. The motion asserts that appellant failed to serve the guardian ad litem with a copy of the petition for appeal as required by Rule 15, RAP. The DHHR joins in the motion to dismiss. Response filed by the appellant. The response is styled as a motion for an extension of time for the guardian ad litem to file a brief.
12.	Stephen J. Dalesio No. 990366 Refuse 5-0	Petition for Writ of Prohibition in SER Rish Equipment Co., Inc. v. Gaughan, et al., No.990366. The petition asserts that the circuit court should have dismissed Rish because the Rule 14 Complaint, filed on 6/30/98, was more than 2 years after 6/9/95, date of injury/death.
13.	Michael T. Clifford No. 25441 Refuse 5-0	Motion by Appellant to Submit on Existing Record and Briefs in Sharon B.W. v. George B.W., No. 25441, to be submitted 4/14/99. Response filed.
14.	Thomas J. Gillooly No. 25441 Refuse 5-0	Motion to Strike Newly Raised Arguments in Reply Brief or, in the alternative, Motion to Permit Filing of Sur-Reply Brief in Sharon B.W. v. George B.W., No. 25441, to be submitted 4/14/99.
15.	Jerald E. Jones No. 990414 Refuse 3-2 (Starcher, C.J. & McGraw, J.)	Petition for Writ of Prohibition in SER Badger v. Marks, et al., No. 990414. The petition asserts the circuit court should be prohibited from proceeding because he was not afforded a speedy trial within one year of the original warrant.
16.	Joseph L. Ludovici Refuse 5-0	Petition for Writ of Habeas Corpus in Thomas v. Seifert, Warden. The petition asserts that a probation revocation hearing was conducted when counsel was not present and no knowing, intelligent waiver of counsel was made.
17.	Darrell V. McGraw, Jr. Charles Houdyschell Jr. No 25828 Grant 5-0 (March 11, 1999)	Motion to Lift Circuit Court's 1/15/99 Order in SER Davis v. Reed, No. 25828, to be submitted 5/4/99. The motion asserts that on 3/11/99, Timothy P. will be 18 years old and his claims in the petition no longer exist.
18.	Catherine D. Munster No. 990528 Defer	Petition for Writ of Prohibition in SER W.V. Coalition Against Domestic Violence v. Judicial Investigation Comm'n, No. 990528. The petition seeks to prohibit the Comm'n 's promulgation, distribution or enforcement of a 12/18/98 advisory opinion, which would prohibit the Judiciary and its employees from attending a May 13-14, 1999 training to be conducted by the Coalition.
19.	Brandon C.H. Sims No. 990561 Refuse 5-0	Motion to Seal Petition for Writ of Mandamus in SER Rick Holley v. Canady, Jr., et al., No. 990561. The motion cites to WVCode 49-7-1 and media interest.
20.	Brandon C. H. Sims No. 990561 Refuse 3-2 (Starcher, C.J. & Workman, J.)	Petition for Writ of Mandamus in SER Rick Holley v. Canady, Jr., et al., No. 990561. The petition seeks an immediate hearing asserting that the continuances granted in the underlying case violate Rule 5, Rules of Procedure for Child Abuse and Neglect.
21.	Carole L. Scotti Defer	Motion to Intervene in W.V. Human Rights Comm'n v. Health Management Inc., (Kanawah County Circuit Court 98 Misc 319) (Petitions for Appeal filed 2/19/99 and 3/5/99). Motion asserts that Marrianne Balkeslee was the complainant in the actions terminated the circuit court's writ of prohibition.
22.	Carole L. Scotti Defer	Motion for Leave to File Amicus Curiae Brief in W.V. Human Rights Comm'n v. Health Management Inc., (Kanawah County Circuit Court 98 Misc 319) (Petitions for Appeal filed 2/19/99 and 3/5/99). Motion seeks to allow Marrianne Balkeslee, the complainant in the actions terminated the circuit court's writ of prohibition, to file an amicus curiae brief.
23.	The Honorable Joseph R. Goodwin, Southern District of West Virginia No. 990563 Refuse 4-1 (Maynard, J.)	Certification Order in Daniel, et al. v. Underwood, et al., No. 990563 (Civil Action No. 2:98-0495), certifying the following questions of law: 1. Does West Virginia Code 33-42-8(a) prohibit any abortion procedure other than "intact dilation and extraction," also known as "intact dilation and evacuation," "intact D&X," or "intact D&E?" 2 If the answer to Question 1 is yes, does West Virginia Code 33-42-8(a) specifically prohibit any pre-viability abortion procedures or any of the following post-viability procedures: (a) "dilation and evacuation," also known as "D&E;" (2) "suction curettage;" or (3) "induction?"
24.	Cathryn A. Nogay No. 990565 Refuse 3-2 (Workman, J. & Davis, J.)	Petition for Writ of Prohibition and Writ of Mandamus in SER Joshua H. v. Wilson, et al., No. 990565. The guardian ad litem's petition seeks to prohibit enforcement of the circuit court's order staying the dispositional ruling pending a psychiatric evaluation of the mother or to require the circuit court to enter a dispositional order based on the best interests of the child.
25.	John D. Childers, Pro Se No. 990571 Refuse 5-0	Petition for Writ of Prohibition in SER Childers v. Stucky, et al., No. 990571. The petition seeks to prohibit enforcement of the circuit court's order denying Childers' motion to continue until the third quarter of 1999. Trial is scheduled for March 15, 1999.

26.

Jacqueline Hope Burrows, Pro Se

Refuse as Moot

Petition for Writ of Habeas Corpus in State v. Burrows. The petition asserts that although sentenced to 1 to 10 years on 5/1/98, she has not been transported to the Pruntytown Prison for Women.

27.	Joseph Baumgardner, Pro Se Grant 5-0	Petition for Writ of Mandamus for Parole Hearing in State v. Baumgardner, Criminal Action No. 97-F-23. On 2/1/99, Mr. Baumgardner was sentenced to 1 to 10 years (grand larceny) with credit for 585 days served. Mr. Baumgardner alleges that he is eligible for immediate parole having served more one year of his sentence.
28.	William Chapman No. 990508 Grant 5-0	Petition for Writ of Mandamus in SER Chapman v. Davis, et al., No. 990508. The petition seeks a writ to compel the transfer of the petitioner, confined to the Southern/Southwestern Regional Jail since 5/4/97, to an appropriate penal institution.
29.	Charles R. Garten No. 25005 Refuse 3-2 (Workman, J. & Davis, J.)	Motion to Strike Answer in In the matter of: Ozell Eplin, Magistrate for Cabell County. Counsel for the Judicial Investigation Commission contends that the Answer to Complaint filed by respondent was untimely and should therefore be stricken.
30.	Sherri D. Goodman No. 25820 Grant 5-0	Motion to Dismiss Contempt Petition in Office of Disciplinary Counsel v. Lawrence W. Burdette, II. Office of Disciplinary Counsel moves to dismiss the pending petition for contempt on the basis that respondent has payed his restitution obligation in full.