West Virginia Supreme Court of Appeals

Writ Conference

Thursday, May 23, 2002

1. State of West Virginia v. Hallie Joe Brewster, No. 012222

Petitioner appeals circuit court order sentencing him to 15-35 years in prison for his guilty plea to one count of sexual assault in the first degree.

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

2. State of West Virginia v. Debra Ann Jones, No. 020150

Petitioner appeals circuit court order convicting her of sixteen counts of sexual abuse in the first degree and sentencing her to a total of four to twenty years in prison, alleging error in failing to dismiss the indictment based upon the State’s failure to introduce evidence of the Petitioner’s age, failing to grant Petitioner’s motion for new trial based upon the discovery of new evidence, and error in denying Petitioner’s motion to dismiss the indictment based upon ambiguity of the statutory definition of "sexual contact" in relation to the indictment brought against the Petitioner.

Refuse 5-0

3. State of West Virginia v. Sam Barton, No. 020152

Petitioner appeals circuit court order convicting him of two counts of sexual abuse in the first degree and two counts of sexual abuse by a parent, guardian or custodian and sentencing him to consecutive sentences of not less than one (1) nor more than five (5) years each for the two counts of sexual abuse in the first degree and not less than five (5) nor more than fifteen (15) years each for the two counts of sexual abuse by a parent, guardian or custodian.

Refuse 5-0

4. State of West Virginia v. George Montgomery, No. 020203

Petitioner appeals circuit court order denying his petition for allowance of appeal of his conviction in magistrate court for domestic battery and sentencing the Petitioner to serve the original sentence of six (6) months in prison.

Refuse 5-0

5. State of West Virginia v. Ricky Harper, No. 020206

Petitioner appeals the circuit court order denying his motion for reconsideration of home confinement as an option in lieu of incarceration on a plea of third offense driving under the influence of alcohol.

Refuse 5-0

6. State of West Virginia v. Sonya T. Simms, No. 020230

Petitioner appeals circuit court order sentencing her to not less than two (2) nor more than ten (10) years for malicious assault conviction, asserting that there was insufficient proof to support her conviction.

Refuse 3-2
(Starcher, J., Albright, J.)

7. State of West Virginia v. Donald Casdorph, No. 020371

Petitioner appeals circuit court order revoking his probation for two felonies, and imposing consecutive sentences of not less than one (1) year nor more than ten (10) years for Fraudulent Schemes and Obtaining Money, Goods or other Property by False Pretenses.

Refuse 4-1
(Albright, J.)

8. State of West Virginia v. David B. Boggs, No. 020668

Petitioner appeals circuit court order convicting him of third offense driving under the influence of alcohol and sentencing him to not less than one (1) nor more than three (3) years.

Refuse 5-0

9. In the Matter of: Star M., No. 020369

Mother appeals circuit court order terminating her parental rights, asserting that the circuit court erred in finding that there was no substantial likelihood that the conditions of abuse and neglect could be substantially corrected.

Refuse 5-0


10. In the Matter of: Sue Ann P., No. 020378

Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in finding that there was no reasonable likelihood that the conditions of neglect and abuse could be substantially corrected in the near future and that the circuit court erred in denying post-termination visitation.

Refuse 4-1
(Albright, J.)

11. In the Matter of: Ashley N., Nathasha N., Brittany N., No. 020530

Mother appeals circuit court order terminating her parental rights, asserting that the circuit court violated her due process rights.

Refuse 4-1
(Starcher, J.)

 

12. In the Matter of: William Cole R. and Jada C., No. 020533 (Father’s petition)
(Mother’s petition is 020650)

Petitioner, father, appeals circuit court order terminating his parental rights, arguing that there was insufficient proof other than his incarceration to support termination.

Refuse 4-1
(Albright, J.)

13. In the Matter of: William Cole R. and Jada C., No. 020650 (Mother’s petition)

Mother appeals circuit court order terminating her parental rights, asserting that the circuit court erred as she fulfilled the terms of her improvement period.

Refuse 4-1
(Starcher, J.)

14. In the Matter of: Roselyn Grace N. and Jason Lin N., No. 020548

Father appeals circuit court order terminating his parental rights, asserting that the circuit court erred in denying his motion for a post-adjudicatory improvement period, in finding sexual abuse when two experts questioned the child’s competency, in denying his motion to dismiss the petition, in denying his motion for in camera interview by circuit court of the infant children and in denying his motion for supervised visitation with the children.

Refuse 3-2
(Starcher, J., Albright, J.)

15. In the Matter of: Rebecca K. C., No. 020554

Mother appeals circuit court order terminating her parental rights, asserting that there was insufficient evidence to support termination.

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

16. In the Matter of: Peggy Louise M. and Ray L. M., No. 020632

Parents appeal circuit court order terminating their parental rights, asserting that there was insufficient evidence to support termination and denial of improvement period.

Refuse 5-0

17. In the Matter of: Aaron M, Delta M, and Luke M., No. 020627

Mother appeals circuit court order terminating her parental rights and adjudicating her children as abused and neglected.

Grant 2-2
(Davis, c. J. )
(Albright, J. disqualified)

 

18. In the Matter of: Vanessa L., No. 020619

Father appeals circuit court order terminating his parental rights, asserting that the circuit court erred in failing to grant the petitioner an improvement period.

Refuse 5-0

19. In the Matter of: Kayla B. and Dakota B., No. 020372

Parents appeal the circuit court order terminating their parental rights, asserting that (1) the circuit court erred by finding sufficient evidence of abuse and neglect; (2) the circuit court erred by failing to allow a pre-adjudicatory and post-adjudicatory improvement periods; and (3) the circuit court erred by terminating the parental rights of petitioners.

Refuse 3-2
(
Starcher, J., Albright, J.)

20. In the Matter of: Austin B., No. 020434

Parents appeal the circuit court order terminating their parental rights, asserting that (1) the circuit court’s finding that Petitioner subjected the minor children to aggravated circumstances of chronic abuse and neglect were clearly erroneous; (2) the circuit court abused its discretion in terminating the Petitioners’ custodial rights without a Pre or Post Adjudicatory Improvement Period.

Refuse 5-0

21. In the Matter of: Edward M. and Kenneth M., No. 020547

Father appeals the circuit court order terminating his parental rights, asserting that (1) the circuit court erred by not granting Petitioner and his wife an Improvement Period; (2) the termination of the Parents’s parental rights was erroneous and not the least restrictive alternative; and (3) The DHHR failed to try to reunify the family.

Refuse 5-0

22. In the Matter of: Edward M., Jr. and Kenneth M., No. 020822

Mother appeals the circuit court order terminating her parental rights, asserting that (1) the circuit court erred by not granting the Respondents’ Motion for an improvement period; (2) the circuit court erred in terminating the mother’s parental rights; (3) the circuit court erred in denying post-termination visitation.

Refuse 5-0

23. In the Matter of: Ayla S., Stephanie V. and Angel V., No. 020706

Father appeals the termination of his parental rights, asserting that (1) the circuit court’s finding of sexual abuse was clearly erroneous; and (2) the circuit court’s finding of sexual abuse and subsequent termination of parental rights based upon erroneous finding was clearly erroneous.

Refuse 5-0

24. SER Steven Sneed, Jr. v. Cabell County Circuit Court, No. 020800

Petitioner filed a Petition for a Writ of Mandamus seeking to compel the circuit court to provide him with copies of his court files and transcripts so that he can file a Petition for a Writ of Habeas Corpus.

Grant 5-0
Unless Sooner Mooted

25. SER Thomas Casey v. WV Board of Probation & Parole, No. 020175

Petitioner filed a Petition for a Writ of Mandamus in which he seeks an Order by this Court ordering the Parole Board to delete false information from his prison file. Petitioner asserts that the parole board wrongly denied him parole based upon the erroneous information.

Refuse 5-0

26. SER Danny R. Swager v. WV State Police Crime Lab, No. 020364

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel this Court to Order the transfer of his DNA blood samples from the possession of the Nicholas County Sheriff Department to a laboratory of petitioner’s choosing so that further tests can be run on his DNA samples. Petitioner further requests that Randall W. Galford, Esq. be appointed to represent petitioner.

Grant 5-0
returnable below for appt. of atty. to investigate petitioner’s allegations

27. SER Kevin Cart v. Putnam County Circuit Court, No. 020426

Petitioner filed a Petition for a Writ of Mandamus seeking to compel circuit court to rule upon a pending writ of habeas corpus filed in 1997.

Deferred

28. SER Dennis J. Rydbom v. Wood County Circuit Court, No. 020357

Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the circuit court to "process and adjudicate the underlying habeas corpus petition."

Grant 5-0
unless sooner mooted

29. SER David R. Wingrove v. Wood County Circuit Court, No. 020077

Petitioner filed a Petition for a Writ of Mandamus seeking to compel the circuit court to hold an Omnibus Habeas Corpus hearing.

Refuse 5-0

30. 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, and wrongly gave him a two year set up between parole board hearings.

Refuse 5-0

31. State of West Virginia v. Rebecca Jean Miller, No. 020184

Petitioner, Rebecca Jean Miller filed a Petition for Appeal of the circuit court orders denying her Motions for Probation and for Reduction of Sentence.

Refuse 5-0
moot