Writ Conference

Thursday, March 11, 2010

Defendant, convicted of Fleeing from an Officer while under the influence of alcohol and Attempted Malicious Wounding of a Police Officer by Alford plea, appeals circuit court order denying credit for time served. Refuse  5- 0

Habeas petitioner committed to Sharpe Hospital for 20 years pursuant to a finding of not guilty of First Degree Arson by reason of insanity appeals circuit court order denying his habeas corpus petition challenging his continued commitment to Sharpe. Refuse  5- 0

Habeas Petitioner appeals circuit court order denying his habeas corpus petition. Refuse  5- 0

Plaintiffs in medical professional liability action appeal circuit court order denying post-trial motions, arguing issues dealing with the constitutionality of the cap on noneconomic damages found at W.Va. Code § 55-7B-8. Deferred

Defendant appeals circuit court order finding him guilty of DUI in a de novo bench trial on Defendant’s appeal from municipal court. Refuse  5- 0

Employer appeals circuit court order affirming in part the order of the Office of Insurance Commissioner which adopted Administrative Law Judge decision which held Employer liable for reimbursement of awards and expenses paid by the Insurance Commissioner in subject workers’ compensation claims. Refuse  5- 0, Premature

Defendant, serving Life as a Recidivist, seeks issuance of a writ of habeas corpus arguing improper delay in filing his direct criminal appeal and in adjudicating his underlying habeas corpus petition. Deferred

Defendant seeks issuance of a writ of mandamus arguing improper delay in adjudication of his underlying habeas corpus petition and in ruling upon his motion for correction of illegal sentence. Deferred

Father appeals circuit court order terminating his parental rights. Refuse 4 - 1 (Ketchum, J.)

Mother appeals circuit court order terminating her parental rights. Refuse  5- 0

Mother appeals circuit court order adjudicating her as a neglectful parent and denying her motion for post-adjudicatory improvement period. Refuse  5- 0

Mother and Father appeal circuit court decision ordering retroactive child support in abuse and neglect matter. Refuse  5- 0

Father appeals circuit court order terminating his parental rights. Refuse  5- 0

Father appeals circuit court order terminating his parental rights. Refuse  5- 0

Father appeals circuit court order terminating his parental rights. Refuse  4- 0, (McHugh disqualified)

Petitioner appeals his conviction on charges of first degree murder and conspiracy, arguing that the jury verdict was not supported by substantial evidence to prove beyond a reasonable doubt that Petitioner committed the offense of murder in the first degree, the jury verdict was not supported by substantial evidence to prove beyond a reasonable doubt that Petitioner committed the offense of conspiracy, the trial court erred in denying Petitioner’s motion for direct verdict at the conclusion of the State’s case-in-chief on the charges of murder and conspiracy, and the trial court erred in denying Petitioner’s motion for direct verdict at the conclusion of the State’s case-in-chief on the charges of murder and conspiracy. Refuse  5- 0

Petitioners appeal the lower court’s order staying Petitioner’s claims for damages pending arbitration, arguing that the circuit court erred in ignoring the requirement that certain parties must share an identity of interest before the court can invoke the exception to the rule that only parties who have actually signed an agreement containing an arbitration clause can be forced to arbitrate their claims pursuant to the agreement. Grant 4 - 1 (Workman, J.)

Petitioner/Inmate files this original jurisdiction writ of habeas corpus alleging 23 issues/ "questions presented." Refuse  5- 0

Petitioner seeks to compel the lower court to produce certain documents in order that she might file a federal petition for habeas corpus. Refuse  5- 0, Moot

Petitioner/Inmate files this petition for writ of mandamus, seeking to have this Court take original jurisdiction of his petition for writ of habeas corpus (as filed by counsel) and appoint him counsel. Refuse  5- 0

Petitioner/Mother appeals the lower court’s order refusing to return custody of her children to her and granting her only supervised visits with the children. She asserts that the court erred in making certain findings of fact and in concluding that DHHR made reasonable efforts to reunify the family. Refuse  5- 0

Petitioner/Father appeals the termination of his parental rights and denial of post-termination visitation. Refuse  5- 0

Petitioner/Father appeals the termination of his parental rights, arguing that the court erred in not imposing an alternative disposition and in allowing evidence regarding Petitioner/Father’s sexual offender evaluation to be introduced. Refuse  5- 0

Petitioner/Mother appeals the termination of her improvement period and of her parental rights. Refuse  5- 0

Petitioner/Father appeals the termination of his improvement period and of his parental rights. Refuse  5- 0, Moot