Supreme Court
of Appeals of West Virginia
WRIT CONFERENCE
THURSDAY, MARCH 22, 2001
1. In the Matter of: Destiny and Steven R.,
No. 010452 (filed 3-2-01)
Mother appeals the termination of her parental rights.
Refuse 5-0
2. In the Matter of: Destiny and Steven R.,
No. 010248 (filed 2-26-01)
Father appeals the termination of his parental rights.
Refuse 5-0
3. State v. Jim Morrison, No. 010318 (filed
2-16-01)
The State appeals Judge King's dismissal (with prejudice)
of a criminal indictment which charged Jim Morrison with six counts of obtaining
goods, labor, or services by false pretenses.
Refuse 5-0
4. State v. Jean-Numa Lapeyre, No. 010274
(filed 2-27-01)
Lapeyre appeals his conviction for third offense
domestic battery.
Refuse 5-0
5. State v. James Gaskins, No. 010408 (filed
3-5-01)
Gaskins appeals his misdemeanor conviction of possession
of less than 15 grams of marijuana. He argues that the charge should have been
dismissed because the citation was not converted to a warrant within one year
of the date of the offense.
Grant 3-2
[ Davis, J., Maynard, J.]
6. State v. Delmus Curtis, No. 010530 (filed
3-12-01)
Curtis appeals his 1 - 3 year sentence for third
offense DUI. He argues that his sentence is excessive.
Refuse 5-0
7. State v. Emerson Lee Swiger, No. 010514
(filed 3-12-01)
Swiger pled guilty to one count of first degree
sexual abuse, four counts of third degree sexual assault, and one count of incest.
The court ordered all of his sentences to run consecutively. Swiger appeals,
arguing that the court should have imposed concurrent sentences.
Held in Abeyance
8. Alicia Turner v. Joseph Turner, No. 002621
(filed 11-16-00)
The Bureau of Child Support Enforcement
appeals an Order which found that the BCSE unlawfully modified the child support
income withholding amount. The Order required the BCSE to refund child support
money paid by Joseph Turner. The Order also required the BCSE to pay Alicia
Turner $1,208.31 in reimbursement.
Refuse 3-2
[ Davis, J., Maynard, J.]
9. Leroy Anderson v. Wayne King, No. 010272
(filed 2-26-01)
Leroy Anderson appeals the lower court's denial
of his Motion to Reinstate his civil suit.
Grant 5-0
10. In the Matter of: Michael K., No. 010311
(filed 2-15-01). (Related to 010312)
The father appeals the termination of his parental
rights, claiming that the circuit court erred in that there was insufficient
evidence to support a finding that there was no likelihood that the conditions
of neglect can be substantially corrected.
Refuse 5-0
11. In the Matter of Michael K.,
No. 010312 (filed 2-15-01). (Related to 010311) The mother appeals the termination
of her parental rights, claiming that the circuit court erred in that there
was insufficient evidence to support 1) the finding that she abused, neglected
or abandoned her children and 2) the finding that there was no reasonable likelihood
that the conditions of abuse and neglect could have been corrected in the near
future.
Refuse 5-0
12. In the Matter of: Shawn A., No. 010440 (filed
3-1-01).
The mother appeals the termination of her parental
rights, claiming that the court erred in erroneously granting a Dispositional
Improvement Period at the adjudication phase of the case, in failing to honor
her request for voluntary relinquishment of her parental rights to Anthony A.,
and in failing to grant her motion for post-termination visitation with her
children.
Refuse 5-0
13. In the Matter of Kristopher R., No. 010468
(filed 3-5-01).
The mother appeals the termination of her parental
rights, claiming that the circuit court erred in denying the mother 1) a meaningful
improvement period, 2) her due process rights regarding testimony, and 3) post-termination
visitation.
Refuse 5-0
14. In the Matter of Scott S., II, Eric S., and
Alyssia B., No. 010412 (filed 3-7-01).
The mother appeals the termination of her parental
rights to her two sons, claiming that the circuit court erred in that the WVDHHR
failed to offer any evidence that she abused or neglected any of the children,
in terminating her rights to Eric Scott S. When there were no new allegations
against her, and in denying her request for post termination visitation with
her sons. (Related to case No. 010232 which was presented at the last writ conference
and refused 5-0)
Refuse 5-0
15. State of West Virginia v. James F. Pipes,
No. 002864 (filed 12-19-00).
Refuse 4-1
[Starcher, J.]
16. Rickey Lee Moore v. Mark Williamson, Warden,
No. 002836 (filed 12-29-00).
Moore appeals the circuit court denial of his petition
for a writ of habeas corpus, claiming that the circuit court erred in denying
the petition because the finding of guilt at the plea hearing was based solely
on the statement given by Moore to the police.
Refuse 5-0
17. Eileen DeJesus v. Romeo DeJesus, No. 002323
(filed 10-13-00)
Romeo DeJesus appeals, pro se, the circuit court
order adopting the Family Law Master's recommended order regarding the
distribution of assets in a divorce action, claiming that the court erred in
attributing certain assets to him which he asserts are really his sister's property,
in failing to award him a portion of Eileen DeJesus' pension, in ordering him
to pay Eileen DeJesus' attorney fees and appraisal fees, and in entering a restraining
order against him.
Refuse 5-0
18. In the Matter of Donovan A.,
No. 010300 (filed 2/14/01).
Mother appeals the termination of parental rights.
Refuse 5-0
19. In the Matter of Ronald E., Christopher
E., Stephanie, No. 010338 (filed 2/20/01).
Mother appeals the termination of parental rights.
Refuse 5-0
20. In the Matter of Dustin Lee T., 010524
(filed 3/9/01).
Mother appeals the termination of parental rights.
Refuse 4-0
[McGraw, C. J. - not participating]
21. In the Matter of Jack Lee B., No. 010028
(filed 1/19/01).
Father appeals the termination of parental rights.
Refuse 4-0
[McGraw, C. J. - disqualified]
22. SER David Alexander v. WV Board of
Probation and Parole, No. 010005 (filed 1/5/01).
Alexander, pro se, seeks a writ of mandamus seeking
to compel the WV Board of Probation and Parole to hold a parole board hearing
and to rescind the two year extension between parole board hearings.
Refuse 5-0
23. SER David W. Browning v. Cabell County Circuit
Court, No. 010348
(filed 1/5/01).
Browning, pro se, seeks a writ of mandamus seeking
to compel the Cabell County Circuit Court to rule upon a pending Writ of Habeas
Corpus filed on 3/30/00.
Grant 5-0
unless sooner mooted
24. SER Patrick Knotts, II v. WV Board of Probation
and Parole, No. 010016 (filed 1/8/01).
Knotts, pro se, seeks a writ of mandamus seeking
to compel the WV Board of Probation and Parole to rescind the three year extension
of the next parole board hearing, imposed on 12/5/00.
Refuse 5-0
25. SER Ernest E. Pauley v. Boone County Circuit
Court, NO. 010008
(filed 13/01).
Pauley, pro se, seeks a writ of mandamus seeking
to compel the Boone County Circuit Court to conduct a hearing on his petition
for writ of habeas corpus in case No. 99-C-191.
Grant 5-0
unless sooner mooted
26. SER Clyde Hedrick v. Pendleton County Circuit
Court , No. 010230
(filed 1/19/01).
Hedrick, pro se, seeks a writ of mandamus seeking
to compel Judge Cookman to rule upon a pending case.
Deferred
27. SER Robert H. Sypolt v. Marion County Circuit
Court, No. 010241
(filed 1/18/01).
Sypolt, pro se, seeks a writ of mandamus seeking
to Compel the Marion County Circuit Court to rule upon a petition for a writ
of mandamus and force the Marion County Circuit Court to facilitate the necessary
transplantation arrangements of Petitioner's donated eye to his son.
Refuse 5-0
28. SER Kevin M. Workman v. Mercer County Correctional
Center, No. 002939 (filed 12/21/00).
Workman, pro se, seeks a writ of habeas corpus asserting
that the Magistrate Court should have granted the Defendant's Motion to Suppress
based upon the Defendant's Fourth Amendment right to be free from unreasonable
searches and seizures, and consequently a lack of legally sufficient probable
cause for the stop, search, and questioning.
Refuse 5-0
29. SER Shane Shelton v. Howard Painter-Warden,
No. 010063 (filed 1/8/01).
Shelton, pro se, seeks a writ of habeas corpus,
asserting the following assignments of error: (1) conviction obtained by use
of coerced confession; (2) conviction obtained by violation of privilege against
self-incrimination; (3) denial of effective assistance of counsel.
Deferred
30. SER Craig Adkins v. William Fox-Warden, No.
010078 (filed 1/18/01).
Adkins, pro se, seeks a writ of habeas corpus asserting
that five months of good time was wrongly taken from him.
Refuse 5-0
31. SER Esker McCauley v. Howard Painter-Warden,
No. 010346 (filed 1/23/01).
McCauley, pro se, seeks a writ of habeas corpus
asserting the claim of ineffective assistance of counsel.
Refuse 5-0
32. SER Riley B. v. William and Tracy Adkins,
No. 010289 (filed 2/13/01).
Minor child Riley Cole Burton, with and through
his Next Friend, natural mother Jennifer Burton, seeks a Writ of Habeas Corpus
against William and Tracy Adkins for restraint of Riley Cole Burton through
improper adoption.
Refuse 5-0
33. State of WV v. David R. Hubbard,
No. 002923 (filed 12/27/00).
Petitioner seeks relief from consecutive sentences
imposed by the Circuit Court of Mercer County upon petitioner subsequent to
a plea of guilty. Petitioner asserts that Judge Frazier erred in refusing to
rule upon Petitioner's Rule 35 Motion after Judge Frazier found that Petitioner
failed to file the Motion with the 120 time frame under Rule 35.
Refuse 4-1
[Albright, J.]
34. In the Matter of Dustin Lee T., 010554 (filed
3/16/01).
Father appeals the termination of parental rights.
Refuse 4-0
[McGraw, C. J. - not participating]