Writ Conference

Thursday, March 12, 2009


Justice Albright did not participate in the consideration or decision of the cases on this docket. 
 Senior Status Justice McHugh sitting by temporary assignment.
 

Defendant, convicted of two counts of Grand Larceny, Petit Larceny, and Unauthorized Use of Automobile by jury, appeals circuit court order sentencing him to serve consecutive sentences of two 1-year terms in regional jail and a 2-10 and 1-10 years in prison, arguing insufficiency of the evidence, cumulative error and that the circuit court erred as a matter of law by allowing the jury to consider the evidence adduced on Count IX, the Grand Larceny of a Ford Taurus as the Defendant had already been found guilty of the lesser included offense of unauthorized use of that vehicle in the State of Maryland. Refuse 5 - 0

Defendant, convicted of one count of Delivery of a Controlled Substance by jury, appeals circuit court order sentencing him to serve not less than six months nor more than two years at the Anthony Center for youthful offenders, arguing that the circuit court erred by denying his motion for new trial based upon the State’s failure to provide the defense with an initial negative test report regarding the substance seized before the beginning of his trial. Refuse 5 - 0

Plaintiff appeals circuit court order granting costs to Defendants pursuant to WVRCP 68 (1) (c) offer of judgment. Grant 5 - 0

Defendants below appeal circuit court order granting summary judgment to Plaintiff and denying Defendants’ motion for reconsideration, arguing that the circuit court erred in deeming requests for admission to be admitted when Defendants, then pro se, failed to respond, since Plaintiff filed the relevant discovery after discovery deadline. Refuse 4 - 1( Workman, J.)

Defendant seeks issuance of a writ of habeas corpus barring Department of Corrections from placing him in a shared prison cell, arguing that he is medically qualified for a single cell due to his medical condition. Refuse 4 - 1( Workman, J.)

Defendant seeks issuance of a writ of mandamus against the circuit court and police department for return of personal property taken pursuant to a 2003 search of her home. Deferred

Mother appeals circuit court order transferring this abuse and neglect matter filed by Mother to Family Court and declining further jurisdiction. Refuse 5 - 0

Mother appeals circuit court order denying her motion for improvement period and terminating her parental rights. Refuse 5 - 0

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

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

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

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

Mother and Father appeal circuit court order terminating their parental rights. Refuse 5 - 0

WVDHHR appeals circuit court order finding that permanent placement was achieved for two young children by leaving them in the legal custody of DHHR and in the physical custody of a relative and denying the petition of that relative custodian for legal custody and guardianship of the children. Refuse 5 - 0

Mother appeals circuit court order placing one of her three children in the legal and physical custody of child’s natural father at the successful conclusion of Mother’s improvement period. Refuse 5 - 0

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

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

Father, incarcerated and pro se, appeals circuit court order granting legal guardianship of daughter without appointing a guardian-ad-litem to represent Father’s interests. Refuse 3 - 0 (Benjamin, C. J. not participating) (Workman, J. disqualified)

19.  State of West Virginia v. Ronnie Ray Rorie, No. 082034 (Filed 10/17/08)

Petitioner appeals his conviction of first degree murder (felony murder), arguing that the court erred in admitting certain pre-trail statements, in allowing the State to use inflammatory questioning at trial, in failing to give requested jury instructions, and in failing to properly give a limiting instruction. Petitioner further asserts that the evidence was not sufficient to support the verdict. Refuse 5 - 0

While Petitioner filed this action as a petition for writ of mandamus, the Clerk of the Court has filed it as an appeal of the lower court’s denial of his request for a waiver of copy fees in his quest to receive certain documents from the circuit clerk. Refuse 5 - 0

Petitioner appeals the denial of his petition for writ of prohibition in which he sought to obtain a fair parole hearing. Refuse 5 - 0

Petitioners appeal the circuit court’s denial of their petition for guardianship, which sought for the court to appoint the biological mother’s companion as a legal guardian of the children herein (but not replacing the rights of the biological mother). Grant 5 - 0

Petitioner appeals the dismissal of his "Petition for Mandamus" as filed in the circuit court regarding a matter in magistrate court. Refuse 5 - 0

Petitioner seeks the issuance of a writ of habeas corpus, challenging the validity of the prison’s new classification system and his change in classification. Deferred

Petitioner seeks issuance of writ of mandamus to compel the DOC to transfer him from one prison to another so that he can be closer to his family. Deferred

Petitioner/Mother appeals the termination of her parental rights, arguing that she should not have been found to be an abusing parent and that she should have been granted an improvement period. Refuse 5 - 0

Petitioners/Grandparents appeal the circuit court’s dismissal of their petition alleging the abuse and neglect of their granddaughter, of whom they are custodians, by the child’s parents through their acts of domestic violence against one another. Grant 5 - 0

Petitioner/Father appeals the termination of his parental rights, the denial of his motion for an improvement order, and the court’s order that he pay child support. Refuse 5 - 0

29.  In the Matter of: Kolby H., Lexie L., and Kylee Rain P., No. 082402 (Filed 12/30/08)

Petitioner/Mother appeals the termination of her parental rights, arguing that the State failed to prove by "clear and convincing" evidence that Petitioner/Mother failed to protect her children from sexual abuse or should have known that the children were being sexually abused, or that Petitioner/Mother’s substance abuse caused her to neglect her children, or that the conditions of abuse and neglect could not be substantially corrected in the near future. She further argues that the court abused its discretion in not allowing her any opportunity to have custody of newborn Kylee Rain P. Refuse 5 - 0

Petitioner/Father appeals the termination of his parental rights. Refuse 5 - 0

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

Petitioner/Mother appeals the termination of her parental rights, challenging the finding that she had abused and neglected her child and arguing that the court erred in not permitting her to determine whether a trust account could be accessed to allow her greater financial freedom. Refuse 5 - 0