West Virginia Supreme Court of Appeals

Miscellaneous Motions Conference

Thursday, March 24, 2005

 

1.

David D. Perry
(Counsel for Petitioner)

John M. Hedges
Teresa J. Lyons
(Counsel for Judge Ferguson) 

Cabell - Ferguson

Refuse 3-2
[ Albright, C. J., Starcher, J. ]

 

Petitioner in State of West Virginia ex rel. Deaaron Levon Myers-Fields v. Judge Alfred E. Ferguson, No. 050394, seeks a writ of prohibition to prevent the removal of lawyer David Perry as his defense counsel.

2.

Jeffrey N. Weatherholt
(Counsel for Petitioner)

Lucas See
(Pros. Atty.) 

Marcia Zelene Harman
(GAL)

Hardy - Cookman

Refuse 5 - 0

 

Biological father in State ex rel. Will Flynn v. Donald Cookman, Judge, No. 050398, seeks a writ of prohibition to prevent the DHHR from amending an abuse and neglect petition 10 months after the adjudicatory hearing.

 

 

3.

Thomas E. White
(Counsel for Petitioner) 

Richard Ducote
(Pro hac vice Counsel for Mother)

 Margaret Workman
(Local Counsel for Mother) 

Connie Metheny
(Guardian Ad Litem) 

Judith A. Isner
(GAL) 

Ohio - Holland

Defer

 

Biological father in Daniel E. Steiniger v. The Honorable Robert L. Holland, Jr., No. 050410, seeks a writ of prohibition to prohibit the enforcement of an order which allows only supervised visitations with his son.

4.

Pro se 

James D. Lamp
(Counsel for Erie) 

Kanawha - Kaufman 

Refuse 5 - 0

 

Petitioner in Cheryl Schwender v. Jane Cline, Insurance Commissioner of West Virginia and Circuit Court of Kanawha County, Wet Virginia, No. 032358, seeks leave to renew her petition for appeal out-of-time. 

5.

Douglas H. Arbuckle
(Counsel for Petitioner) 

Jackson - McCarty 

Defer

Petitioner Bolin in State ex rel. Jerry V. Bolin v. James Rubinstin, Commissioner, No. 050406, seeks a writ of habeas corpus contending ineffective assistance of counsel.

6.

Barbara Harmon-Schamberger
(Counsel for Petitioner)

Jody Miller
(Pro se father) 

Angela Ash
(Counsel for DHHR)

Clay - Alsop
- Ruckman

Refuse as Moot

 

Petitioner parents seek a writ of prohibition in Starlet Miller v. The Honorable Jack Alsop, Judge of the Circuit Court of Clay County, The Honorable Timothy R. Ruckman, Judge of the Family Court of Clay County, and the Honorable Margaret Waybright, Commissioner of the Bureau of Children and Families, No. 050408, to prohibit the enforcement of an order of the Clay County Family Court from giving custody of children to the DHHR.

7.

C. Christopher Younger
(Counsel for Petitioner)

 

Teresa D. Maynard
(Counsel for Respondents)

Grant
Remand 5 - 0

 

The City in City of Williamson v. County Commission of Mingo County and Jim Hatfield, Clerk of the County Commission, No. 050508, seeks a writ of mandamus to require the county commission to provide the City with personnel and materials to conduct upcoming municipal elections.

 

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