West Virginia Supreme Court of Appeals

Writ Conference

Thursday, March 13, 2008

1. State of West Virginia v. Dina Louise Strickland, No. 080472 (Filed 2/20/08)

Defendant, convicted of Malicious Wounding, DUI causing Injury, and Destruction of Property guilty plea, appeals circuit court order sentencing her to serve consecutive 2-10 and one year in prison, arguing that the sentence was illegal as it exceeded the punishment set by relevant charging statutes.

Refuse 5 - 0

2. Randall W. Spurlock v. Oscar E. Short, No. 080302 (Filed 2/1/08)

Defendant below appeals circuit court order modifying a prior order in this right-of-way action and placing a specific dollar amount each party was required to pay to repair the road in question and requiring annual payments for such road repair.

Refuse 5 - 0

 3. SER John P. Montgomery v. William Haines, Warden, No. 080317 (Filed 2/4/08)

Criminal defendant, convicted of sexual abuse by a guardian and sentenced to an indeterminate sentence of 5-15 which has now discharged, appeals circuit court order denying his petition for writ of coram nobis.

Refuse 4 - 0
 ( Albright, J., Disqualified)

4. Dylan Turner et.al. v. Charles Turner, Jr. & City Hospital, No. 080367 (Filed 2/11/08)

Personal injury child plaintiffs below appeal circuit court order which held that while it had jurisdiction to approve or disapprove of settlement in infant summary proceeding it lacked jurisdiction to reduce medical expenses subrogation lien held by insurer/hospital due to preemption by ERISA.

Grant 5 - 0

5. SER Bobby E. Roddy v. Teresa Waid, Warden, No. 073879 (Filed 12/13/07)

Prisoner seeks habeas corpus to institute charges against two prison employees for alleged offenses and to bar transfer back to that facility.

Refuse 4 - 0
 ( Maynard, C. J., Disqualified)

6. SER Sherman McPherson v. James Rubenstein, DOC, No. 073881 (Filed 12/10/07)

Central Regional Jail inmate seeks issuance of a writ of mandamus for transfer to a DOC prison.

Refuse 5 - 0

 7. SER Mark A. Washington v. Hon. David M. Pancake, Judge, No. 080198 (Filed 1/22/08)

Prisoner seeks a writ of mandamus to compel circuit court to rule on his Post-Conviction Habeas Corpus filed in September, 2005.

Grant 5 - 0
Unless sooner mooted by apt. of counsel and omnibus hearing

8. SER James L. Crabtree v. Hon. Alfred Ferguson, Judge, No. 080261 (Filed 1/22/08)

Prisoner seeks a writ of mandamus to compel the circuit court to rule on a Post-Conviction Habeas Corpus.

Grant 5 - 0
Unless sooner mooted by ruling on all pending motions

9. SER Darnell A. Allen v. Mineral County Circuit Court, No. 080265 (Filed 1/23/08)

Habeas petitioner seeks mandamus, arguing that circuit court has not acted promptly in pending habeas petition.

Grant 5 - 0
Unless sooner mooted by apt. of counsel and Zain III hearing

10. In the Matter of: Alyssa W. & Chelsea W., No. 080235 (Filed 1/25/08)

Mother appeals circuit court order returning physical custody of her two daughters to their natural father.

Refuse 5 - 0

11. In the Matter of: Joseph K., No. 080238 (Filed 1/25/08)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

12. In the Matter of: Randy H., April G., Brittany T., & Megan H., No. 080239 (Father’s Petition) (Filed 1/25/08)

Father appeals circuit court order terminating his parental and guardianship rights to children.

Refuse 5 - 0

13. In the Matter of: Randy H., April G., Brittany T., & Megan H., No. 080337 (Mother’s Petition) (Filed 2/5/08)

Mother appeals circuit court order terminating her parental and guardianship rights to child.

Refuse 5 - 0

14. In the Matter of: Bryson L., No. 080336 (Mother’s appeal) (Filed 2/5/08)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

15. In the Matter of: Paxtin W., No. 080366 (Filed 2/11/08)

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0

16. In the Matter of: Heavenly, Paislyn, Anthony, Tylor & Cameron H., No. 080391 (Filed 2/13/08)

Mother appeals circuit court order terminating her parental rights to children.

Refuse 5 - 0

17. In the Matter of: Brittany & Ryan, No. 080394 (Filed 2/13/08)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

18. In the Matter of: Daryle, Britnie, Glenn, III, Sabrina N., No. 080481 (Filed 2/21/08)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

19. In the Matter of: Kenisha Ann B., No. 080501 (Father’s Appeal) (Filed 2/25/08)

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0

20. State of West Virginia v. Billy James Fleming, No. 080084 (Filed 1/11/08)

Petitioner appeals his criminal conviction (by guilty plea) on one county of forgery and one count of uttering, arguing ineffective assistance of counsel, fruits of the poisonous tree, coerced plea, and conflict of interest.

Deferred

21. Enoch J. Marcum v. Gayle Marcum, No. 073548 (Filed 11/30/07)

Petitioner appeals the lower court’s order dismissing his action for conversion.

Refuse 5 - 0

22. Constance Breza v. City of Wheeling, No. 073645 (Filed 12/6/07)

Petitioner/Plaintiff appeals the lower court’s order dismissing her action for declaratory relief.

Refuse 5 - 0

23. SER Roger Lee Rowe v. David Ballard, Warden, No. 073580 (Filed 11/29/07)

Petitioner files this original jurisdiction habeas corpus petition following this Court’s decision in In re: Renewed Investigation of the State Police Crime Laboratory, Serology Division. Petitioner further alleges ineffective assistance of habeas counsel, prosecutorial misconduct, and cumulative error.

Refuse 4 - 1
 ( Maynard, C. J.,)
Returnable below for apt. of counsel

24. SER Jimmie M. Williams v. Teresa Waid, Warden, No. 073665 (Filed 12/7/07)

Petitioner files this original jurisdiction petition for writ of habeas corpus, alleging ineffective assistance of counsel and violation of the principle of double jeopardy.

Refuse 5 - 0

 25. SER Mark Hinkle v. State of West Virginia, No. 073777 (Filed 12/10/07)

Petitioner files this original jurisdiction petition for writ of habeas corpus, arguing that his sentence is disproportionate and unfair and that he suffered ineffective assistance of counsel.

Refuse 5 - 0

26. SER Henry W. Johnson, II v. Scott E. Paugh, Warden, No. 073878 (Filed 12/21/07)

Petitioner files this original jurisdiction petition for writ of habeas corpus alleging that his due process rights were violated when he was extradited from North Carolina to West Virginia on a Governor’s Warrant that was not timely filed and subsequently convicted and sentenced.

Refuse 5 - 0

27. SER Lee W. Hogan v. Monongalia County Circuit Court, No. 073718 (Filed 12/12/07)

Petitioner seeks issuance of writ of mandamus to compel circuit court to appoint counsel and adjudicate petition for writ of habeas corpus.

Moot

28. In the Matter of: Christopher Lee E., No. 080085 (Filed 1/11/08)

Petitioners/Parents appeal the termination of their parental rights.

Refuse 5 - 0

 29. In the Matter of: Cody S. and Emily S., No. 080087 (Filed 1/11/08)

Petitioner/Mother appeals the termination of her parental rights.

Grant 5 - 0
Unless sooner mooted by an order with sufficient findings of fact and conclusions of law

30. In the Matter of: Rasheed M., No. 080097 (Filed 1/11/08)

Petitioner/Caretaker appeals the termination of her custodial rights.

Refuse 5 - 0

 31. In the Matter of: Morgan, Mason & Antonio S., No. 080131 (Filed 1/15/08)

Petitioners are current caretakers and a potential permanent placement for Antonio. They appeal the court’s order reunifying the siblings and placing them with another couple for adoption.

Refuse 5 - 0

32. In the Matter of: Azreal H. & Jacquelyn H., No. 080214 (Filed 1/24/08)

Petitioner/Father appeals the termination of his parental rights.

Refuse 5 - 0

 33. In the Matter of: Azreal H. & Jacquelyn H., No. 080215 (Filed 1/24/08)

Petitioner/Mother appeals the termination of her parental rights.

Refuse 5 - 0


 Home | Opinions | Site Map | Law Library | Rules | Staff | Search | Terms of Use