Writ Conference

Thursday, March 24, 2005

1. State of West Virginia v. Bernard G. Reynolds , No. 042099 (Filed 11/4/04)
Defendant, pro se, appeals circuit court order denying his motion to reduce his sentence in underlying criminal case in which he was sentenced to 1-10 years in prison based upon guilty plea to grand larceny and fined $569 in restitution and court costs.

2. State of West Virginia v. Frederick Smith , No. 042180 (Filed 11/18/04)
Defendant, convicted by jury of Possession with Intent to Deliver Cocaine and Possession of a Deadly Weapon by a Felon and sentenced to serve concurrent terms of 1-15 years and 5 years, appeals circuit court order denying his motion to suppress statement he gave authorities arguing that he had not waived his right to have attorney present during the statement.

3. State of West Virginia v. Brian C. Postlethwait , No. 042267 (Filed 12/01/04)
Defendant, convicted by jury of two counts of Delivery of a Controlled Substance (Marijuana) within 1000 feet of a school and sentenced to two concurrent 1-5 year terms, appeals circuit court sentencing order and order denying motion for reconsideration of sentencing order, arguing that the circuit court erred in allowing the jury to decide the issue of inducement in this entrapment case and arguing prosecutorial misconduct due to personal opinion and facts outside the record which were interjected in the closing argument of the State.

4. State of West Virginia v. Elvis Dawson, No. 042445 (Filed 12/28/04)
Defendant, convicted by jury of misdemeanor battery and sentenced to serve one year in jail, appeals circuit court order convicting him, arguing that the trial court committed several evidentiary errors including refusal to allow Defendant to introduce magistrate court records dealing with victim’s prior magistrate court conviction as evidence to support defense theory regarding victim’s propensity for aggression and refusal to allow Defendant to cross-examine victim regarding the circumstances under which he had previously been shot.

5. Dennis G. Pauley v. Mike Clifford, David L. Tucker, Loretta Simons Gandee, and Kevin Wayne Gandee, No. 042176 (Filed 11/15/04)
Incarcerated Plaintiff appeals the circuit court's order denying a writ of mandamus related to possession of a parcel of real property.

6. SER Terry Cutlip v. State of West Virginia Division of Corrections , No. 041641 (Filed 9/13/04)
Petitioner/Inmate, convicted of breaking and entering and sentenced to 1-10 years in prison, seeks issuance of writ of mandamus to have his "good time" audited in light of this Court’s decision in Bailey.

Defendant seeks issuance of a writ of mandamus arguing that the prosecutor should ordered to comply with the circuit court’s order requiring that prosecutor furnish Defendant with copies of pictures from the crime scene in his case.

8. SER John A. Whitt v. Hon. Robert Holland, No. 042157 (Filed 11/10/04)
Defendant seeks issuance of a writ of mandamus arguing failure of the circuit court to rule upon his motion to compel production.

9. SER Richard D. Murray, Sr. v. Morgan County Circuit Court, No. 042167 (Filed 11/10/04)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court is improperly failing to provide him with grand jury transcripts.

10. SER Robert M. Barritt v. Ohio County Circuit Court , No. 042281 (Filed 12/02/04)
Defendant, serving life without mercy for murder conviction, seeks mandamus against circuit court to failure to rule upon his third habeas corpus petition.

11. In the Matter of: Kara P. & Leighanna P., No. 041994 (Filed 10/22/04)
Petitioner/Mother appeals the termination of her parental rights arguing that she should have been given the opportunity to show that she could improve the conditions of abuse and neglect that led to her children being taken from her.

  12. In the Matter of: Morgan M.(P), John P., III, and Angel P., No. 042424 (Father’s Petition) (Filed 12/21/04)
Father appeals circuit court order terminating his parental rights, arguing that the circuit erred in not granting him a post-adjudicatory improvement period, abused its discretion by terminating father’s parental rights when he had showed that he could have corrected the neglect issues with financial assistance from DHHR and that the circuit court abused its discretion in not ordering a less restrictive alternative to termination of father’s parental rights.

13. In the Matter of: Morgan M.(P), John P., III, and Angel P., No. 042425 (Mother’s Petition) (Filed 12/21/04)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit erred in not granting Mother a post-adjudicatory improvement period, erred in finding that the WVDHHR had no obligation to provide and pay for services aimed toward reunifying the family after the filing of the petition and erred in terminating parental rights.

14. In the Matter of: Danielle Renee K., No. 050174 (Filed 1/25/05)
Mother appeals circuit court order terminating her parental rights, arguing that circuit court erred in terminating her parental rights and in denying her motion for a post-adjudicatory improvement period.

15. In the Matter of: Aerial Ann R., No. 050175 (Father’s Petition) (Filed 1/25/05)
Father appeals circuit court order terminating his parental rights to child, arguing that the circuit court erred in terminating father’s parental rights and in denying post-termination visitation.

16. In the Matter of: Aerial Ann R., No. 050176 (Mother’s Petition) (Filed 1/25/05)
Mother appeals circuit court order terminating her parental rights to child, arguing that the circuit court erred in terminating mother’s parental rights, in denying post-termination visitation and in awarding child to maternal grandparents.

17. In the Matter of: Christian J.H. and Whitney N. K., No. 050181 (Filed 1/26/05)
Mother appeals circuit court order terminating her parental rights arguing that the circuit court erred in finding that the mother abused and neglected her children, erred in denying her motions for post-adjudicatory improvement period and for post termination visitation, and in terminating her custodial rights to children.

18. In the Matter of: Madison Noelle S. & Rebecca M., No. 050201 (Mother’s Petition) (Filed 1/27/05)
Mother appeals circuit court order terminating her parental rights to newborn, arguing that the circuit court erred in terminating parental rights of mother based upon aggravated circumstances when there was no previous involuntary termination of any of her children, that the circuit court erred by failing to follow the statutes and rules, by failing to rule upon mother’s motion for an improvement period and by failing to require the DHHR to make reasonable efforts to reunify the family, to offer services or an improvement period, and that the circuit court erred by terminating the parental rights by using the silence of the respondents against them without an opportunity to remedy the circumstances and by using the evidence in a previous case wherein the court refused to accept a voluntary termination.

19. In the Matter of: Madison Noelle S. & Rebecca M., No. 050202 (Father’s Petition) (Filed 1/27/05)
Father appeals circuit court order terminating his parental rights to newborn, arguing that the circuit court erred in terminating his parental rights, in denying his motion for an improvement period, and erred in failing to enter the adjudicatory order within the ten days required after the conclusion of the adjudicatory hearing.

20. In the Matter of: Dillon B. , No. 050206 (Filed 1/28/05)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in denying an extension of her post-adjudicatory improvement period and that the circuit court erred in terminating her parental rights.

21. In the Matter of: Hannah E., No. 050245 (Filed 2/1/05)
Mother appeals circuit court terminating her parental rights, arguing that the circuit court abused its discretion by not considering her economic situation as a factor in her failure to cooperate with DHHR.

22. In the Matter of: Greg, Allan, Allisa, Craig, Allaina, Alex S., 050258 (Filed 2/3/05)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in finding that there is no reasonable likelihood that the conditions which led to the abuse or neglect of the children can be corrected in the near future.

23. In the Matter of: Alesia, Zenaido, Margarita and Alex G., No. 050264 (Filed 2/4/05)
Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in denying his motion for post-adjudicatory improvement period.

24. In the Matter of: Billy Joe B. and William Antonio B., No. 050277 (Filed 2/7/05)
Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in failing to grant improvement period and by failing to require DHHR to provide services to the father.

  25. In the Matter of: Nicole S. and Nathan W., No. 050292 (Father’s Petition) (Filed 2/9/05)
Father appeals circuit court order terminating his parental rights to children, arguing that the circuit court erred in terminating his parental rights.

  26. In the Matter of: Nicole S. and Nathan W., No. 050293 (Gessy M.’s Petition) (Filed 2/9/05)
Live-in girlfriend appeals circuit court order terminating her custodial rights to boyfriend’s child, arguing that the circuit court erred in refusing her offer to voluntarily relinquish her rights, and arguing that the adjudication in this case was unfair as it was based upon the testimony of late disclosed witnesses.

27. In the Matter of: Sierra Lynn W. and Tina E. and Leonard W., No. 050366 (Filed 2/16/05)
Petitioner/Mother appeals the termination of her parental rights and not allowing a further improvement period for the Petitioner to improve her parenting skills due to her limited intellectual functioning.

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