Writ Conference
March 14, 2002
1. In the Matter of: Kody K. & Kaylee N., No. 020022
Mother appeals the termination of her parental rights, asserting error by the circuit court in finding that the mother abandoned and neglected the children, in denying her request for a post-adjudicatory improvement period and terminating her parental rights, and in denying her motion for post-disposition visitation.
Refuse 3-0
(Starcher, J., McGraw, J. N/P)
2. In the Matter of: Arianna J., No. 020037
Father appeals circuit court order terminating his parental rights. Father asserts that termination was improper as it was solely based upon the court’s finding of abuse and neglect of the child based upon the father’s conduct in initiating a sexual relationship and conceiving child with 15 year old mother of child.
Refuse 4-0
(Starcher, J. N/P)
3. In the Matter of: Christina S., No. 020055
Mother appeals termination of her parental rights, arguing that termination was unwarranted and contrary to public policy as relative was willing to accept custody of the children.
Refuse 4-0
(Starcher, J. N/P)
4. In the Matter of: Charles Michael S., Jr, No. 020151
Mother appeals termination of her parental rights, asserting that the circuit court erred in denying her motion for post-adjudicatory improvement period.
Refuse 5-0
5. In the Matter of: Ashley T., No. 020178
Guardian ad litem of minor girl diagnosed with oppositional defiant disorder appeals circuit court order placing girl with a custodian from whose custody she had previously run away.
Refuse 5-0
6. In the Matter of: Britney H. and Aleesha A., No. 020159
Mother appeals the termination of her parental rights, asserting that she was denied a meaningful improvement period as a result of emotional difficulties experienced during that time period.
Refuse 5-0
7. In the Matter of: Amanda G., No. 020192
Guardian ad litem for child in abuse and neglect proceeding appeals circuit court order granting an improvement period to father.
Refuse 5-0
8. In the Matter of: Kayla B. and Roger B., No. 020218
Mother appeals termination of her parental rights, asserting that the circuit court erred in denying her motion for post adjudicatory and dispositional improvement periods and in terminating her parental rights.
Refuse 5-0
9. In the Matter of: Kristopher E., No. 020297
Father appeals circuit court order adjudicating him as abusive or neglectful parent, asserting that the circuit court erred in refusing to allow expert witnesses to testify at the adjudicatory hearing, by limiting cross-examination of the children and by concluding that the State met its burden of proving that the children were abused and neglected.
Grant 4-1
(Maynard, J.)
10. State v. Duane Anthony Jones, No. 020026
Petitioner appeals circuit court order sentencing him to 30 years for aggravated robbery, challenging his guilty plea as involuntary.
Refuse 3-2
(Starcher, J., Albright, J.)
11. SER Dale Lindstead v. William Haines-Warden, No. 011103
Lindstead, pro se, filed a Petition for a Writ of Prohibition to prohibit the officials at Huttonsville Correctional Center from adding more inmates to the dorms at Huttonsville. Lindstead asserts that the dorms are overcrowded and are in excess of 45 inmates per dorm. Additionally, Lindstead filed a Supplement to his Petition for a Writ of Prohibition in which he requests that this Court issue a restraining order to prevent retaliation from prison officials for filing this Petition for a Writ of Prohibition.
Grant 3-2
Returnable Below for appt. Of counsel
(Davis, C. J., Maynard, J.)
12. SER Milton Bradley v. Howard Painter-Warden, No. 010951
Bradley, pro se, filed a Petition for a Writ of Habeas Corpus. Bradley asserts that he should have been sentenced to a 5 to 18 year sentence for self defense instead of Life With Mercy for murder. Bradley also asserts that the Parole Board wrongly denied him parole.
Grant 3-2
solely on issue two and appt. Of counsel
(Davis, C. J., Maynard, J.)
13. SER Cordell W. Parrack v. Howard Painter-Warden, No. 011117
Parrack, pro se, filed a Petition for a Writ of Habeas Corpus asserting (1) that his conviction is unconstitutional and the indictment failed to charge Parrack with the commission of a felony because the Bruce Store is incapable of being robbed and as a result there can be no conspiracy to commit a robbery of the Bruce Store; (2) that the State’s instruction # 2 shifted the burden to Parrack to prove that he was not guilty.
Refuse 3-2
(Starcher, J., Albright, J.)
14. SER Keith Wykle v. Howard Painter, Warden, No. 011136
Wykle, pro se, filed a Petition for a Writ of Habeas Corpus in which he asserted the following assignments of error: (1) Petitioner did not receive a fair trial; (2) Involuntary guilty plea; (3) coerced confessions; (4) ineffective assistance of counsel; (5) ineffective assistance of counsel.
Refuse 5-0
15. SER Ricky V. Pendleton v. State of West Virginia, No. 011208
Petitioner, pro se, seeks a Petition for a Writ of Habeas Corpus in which Pendleton asserts the following assignments of error: (1) The indictment charged petitioner with wrong crime; (2) an exculpatory statement in the arrest report indicating that someone else had assaulted the victim was withheld from the grand jury; (3) The indictment charged petitioner with a violation of W. Va. Code § 61-3-13(a) whereas the arrest warrant cited a violation of W. Va. Code § 61-3-13; (4) A State’s witness committed prima facie fraud when the witness failed to give accurate information; (5) Denial of an impartial jury; (6) Ineffective assistance of counsel.
Refuse 5-0
16. SER Mark Riley V. William Haines, Warden, No. 011202
Riley, pro se, filed a Petition for a Writ of Habeas Corpus in which he (1) requests that prison officials release him from custody so that he can take care of his grandmother; (2) requests that his good time be restored to him; (3) asserts that he is being denied medical treatment and (4) asserts that he is being housed incorrectly.
Refuse 5-0
17. SER Johnny Pack v. Howard Painter, Warden, No. 011558
Pack, pro se, filed a Petition for a Writ of Habeas Corpus asserting that he was sexually assaulted by another inmate at Mt. Olive Correctional Center and seeks legal counsel to help him pursue a suit against the person who sexually assaulted him.
Refuse 5-0
18. SER Bernard J. Wallace v. Booker Stephens, Judge, No. 010923
Wallace, pro se, filed a Petition for a Writ of Mandamus seeking a ruling upon a pending writ of habeas corpus and an evidentiary hearing.
Refuse 5-0
19. SER Lawrence Scible v. Donald Cookman, Judge, No. 011448
Petitioner filed a Petition for a Writ of Mandamus seeking to compel circuit court to rule upon a pending Motion for a Writ of Habeas Corpus filed in circuit court on 4/23/01 (Case No. 01-C-14).
Grant 5-0
unless sooner mooted
20. SER Craig Craft v. Judge Alsop, etc., No. 010899
Craft filed a Petition for a Writ of Mandamus seeking to compel the Respondents to provide him with photographs, records, reports, statements and testimony pertaining to his underlying murder conviction.
Refuse 5-0
with leave to file a petitioner for a writ of habeas corpus
below
21. In The Matter Of: Kenneth M., No. 020380
DHHR appeals the Circuit Court’s Order dismissing an Abuse and Neglect Petition filed by DHHR alleging abandonment of the infant by his parents.
Refuse 5-0
22. Virgil L. Payne (pro se) v. WV Public Service Commission, No. 012210
Petitioner Virgil Payne, pro se, of Beardsfork, WV, appeals from the dismissal of his complaint regarding his water service by the West Virginia Public Service Commission.
Refuse 4-1
(McGraw, J.)