1. State of West Virginia v. Stephen W. Lilly, Jr. No. 022662 (Filed 12/26/02)

Criminal defendant, now 24, appeals circuit court order denying his motion for reconsideration of ten year determinate sentence based upon plea bargain for one count of first degree robbery, arguing that the circuit court erred in refusing to sent him to the Anthony Center. 

Refuse 5- 0

2. Michael A. Miller v. Howard Painter, Warden, Mt. Olive, No. 022433 (Filed 12/6/03)

Defendant, convicted by jury of aggravated robbery and sentenced to 28 years, appeals circuit court order denying habeas corpus relief, asserting that the court erred in failing to grant relief on the issues of ineffective assistance of counsel and violation of due process by the trial court in failing to give proper jury instructions in the trial of the underlying criminal case.

Refuse 5- 0

 3. Bernice Hughes Adkins v. Jimmy Stacy, Rose Stacy, et.al. No. 022436 (Filed 12/9/02)

Plaintiff in encroachment suit appeals circuit court order entering judgment for the Defendants following bench trial, arguing that the circuit court erred in ordering her to destroy her garage, erred in failing to award Plaintiff damages for the Defendants’s actions in removing her privacy fence and erred in finding that the Defendants had actual dominion and control over the entire area of property in contention.

Grant 3- 2
(Maynard, J., Davis, J.)

 4. Betty J. Davis v. Williard D. Davis, No. 022487 (Filed 12/13/02)

Former husband appeals family court order granting divorce to wife on grounds of cruelty and inhuman treatment and ordering lifetime award of alimony based upon finding that the wife cannot work due to mental illness.

Refuse 5- 0

 5. Triad Energy Corporation of WV, Inc. v. Barbara Renner, No. 022498 (Filed 12/13/02)

Defendant below appeals circuit court order enforcing settlement agreement between Defendant/landowner and gas pipeline company to allow access to leased gas wells through Defendant’s land, arguing that the circuit court erred in enforcing the written agreement which contained terms not in the parties’ oral settlement agreement.

Grant 3- 2
(Maynard, J., Davis, J.)

 6. Willie Mae Moore v. Mercer Cty. Board of Education, No. 022505 (Filed 12/13/02)

Teachers’ aid appeals circuit court order affirming decision of grievance board denying her grievance which was based upon her allegations that she was illegally transferred from her previously held aid position to a different aid position in the same school without her written consent and without notice and a chance to be heard.

Refuse 4-1
(McGraw, J.)

 7. SER Michael Forman v. Timothy Bowen, Administrator, No. 030205 (Filed 1/31/03)

Prisoner seeks issuance of a writ of habeas corpus against administrator of facility where he is incarcerated due to alleged beating.

Deferred

 8. SER Gerald Williams v. James Rubenstein, Commissioner, No. 022555 (Filed 12/16/02)

Prisoner seeks issuance of a writ of mandamus against the Commissioner of Department of Corrections to return prisoner to his prior less restricted status within the prison system, arguing that his status was upgraded to a higher security level because he refused to take medication for depression which he asserts that he no longer needs.

Refuse 5- 0

 9. In the Matter of: Ryan A. P., No. 022508 (Filed 12/13/02)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court’s disposition of the case when she was absent, though represented by counsel and noticed of the hearing date, was violative of her constitutional right to due process.

Refuse 5- 0

 10. In the Matter of: Melissa and Jennifer W. and Nikki B., No. 022391 (Filed 12/26/03)

Mother appeals circuit court order terminating her parental rights, arguing that the court erred in denying a post-dispositional improvement period to allow her to enter a rehabilitation program with her children and in terminating her parental rights.

Refuse 5- 0

 11. State of West Virginia v. Dale Scott Whalen, No. 022344 (Filed 11/19/02)

Petitioner/Defendant appeals his sentence following his guilty plea to burglary inasmuch as the sentence included sex offender registration.

Grant 4 - 1
(Maynard, J.)

 12. SER Thomas Mitcham v. James Spencer, Administrator, No. 022189 (Filed 10/25/02)

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging that Respondent has wrongfully denied Petitioner/Inmate the opportunity accumulate good time and attend classes. 

Refuse 5- 0

13. SER Patricia Pruett v. Jerry Dietrick, Administrator, No. 022398 (Filed 11/26/02)

Petitioner/Inmate seeks issuance of writ of habeas corpus so that she might receive proper treatment for various mental and physical illnesses.

Deferred

 14. SER Becky L. Hammond v. WVDOC, No. 022159 (Filed 10/21/02)

Petitioner/Inmate seeks issuance of writ of mandamus compelling the West Virginia Department of Corrections to transfer Petitioner/Inmate to a facility better equipped to treat her mental illness.

Refuse 5- 0

 15. In the Matter of: Raymond H., No. 022434 (Filed 12/6/02)

Petitioner/Father appeals denial of post-adjudicatory improvement period and termination of his parental rights, alleging that the circuit court abused its discretion in denying Petitioner/Father a post-adjudicatory improvement period finding that he failed to demonstrate by clear and convincing evidence that he would fully participate in said improvement period and that the circuit court erred in terminating Petitioner/Father’s parental rights, finding that there is no likelihood that the conditions of abuse and neglect could be substantially corrected in the near future.

Refuse 5- 0

 16. In the Matter of: Lawrence O. and Jessica O., No. 030006 (Filed 1/2/03)

Petitioner/Mother appeals the implementation of an improvement period that requires her live-in boyfriend to leave Petitioner/Mother’s home and to have no further contact with the family. Petitioner/Mother alleges that the circuit court erred in finding that Petitioner/Mother had exposed Jessica to sexually abusive situations, erred in finding that the children were abused, and abused its discretion by requiring Petitioner/Mother’s boyfriend to leave the home and have no contact with the children as a condition of Petitioner/Mother’s improvement period.

Refuse 5- 0

 17. In the Matter of: Joshua F., Courtney F., Steve F., II, and Samuel D., No. 030019 (Filed 1/6/03)

Petitioner/Mother appeals termination of her improvement period, termination of her parental rights, and denial of post-termination visitation with her children.

Refuse 5- 0

 18. In the Matter of: Erica C., Ashley J., and Oakie Lee C., No. 030056 (Filed 1/8/03)

Petitioner/Father appeals the termination of his parental rights and the denial of post-termination visitation with his biological child, Erica C., and with his stepchildren, Ashley J. and Oakie Lee C.

Grant 3- 2
(Maynard, J., McGraw, J.)

19. In the Matter of: Erica C., Ashley J., and Oakie Lee C., No. 030057 (Filed 1/8/03)

Petitioner/Mother appeals the termination of her parental rights and the denial of post-termination visitation with her children.

Grant 3- 2
(Maynard, J., McGraw, J.)

 20. In the Matter of: Carley A. and Ashby B., No. 030123 (Filed 1/22/03)

Petitioners appeal the termination of their parental rights, alleging that the circuit court erred in finding that the State sustained its burden of proof by clear and convincing evidence that the conditions exiting at the time of the filing of the petition constituted abuse, that the circuit court erred in permanently terminating Petitioners’ parental and custodial rights when the State failed to prove by clear and convincing evidence that there is no reasonable likelihood that conditions of abuse and neglect can be substantially corrected, and that the circuit court erred in denying Petitioners’ request for post-termination visitation.

Refuse 4-1
(Starcher, C. J.)

21. In the Matter of: Mar-Keyz Q.C., No. 030127 (Filed 1/23/03)

Petitioner/Mother appeals court’s denial of her motion to voluntarily relinquish her parental rights and her motion for post-termination visitation with her child.

Refuse 5- 0

 22. In the Matter of: Richard Edward Z./J. and Christopher Matthew Z./J., No. 030130 (Filed 1/23/03)

Petitioner/Mother appeals termination of her parental rights, alleging that there was no abuse and neglect of Richard Edward Z./J. and Christopher Matthew Z./J. and that the circumstances which led to a prior termination of parental rights were substantially remedied.

Refuse 5- 0

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