West Virginia Supreme Court of Appeals
WRIT CONFERENCE
THURSDAY, MAY 24, 2001
1. In the Matter of: Hassan H., et al., No. 010741 (filed 4-26-01) The father appeals the termination of his parental rights, claiming that the circuit court erred in basing termination on abandonment that was the result of the father’s incarceration.
Refuse 5-0
2. In the Matter of: Matthew B. and Jason B., No. 010763 (filed 4-27-01) The mother appeals the circuit court order terminating her parental rights, claiming that the lower court erred 1)in failing to follow rule 26 of the Rules of Procedure for Child Abuse and Neglect; 2) in its findings of fact; and 3) in abusing its discretion.
Refuse 5-0
3. In the Matter of: John P., Sharon P., Verlie E., and Roy J., 010825 ( originally filed on 4-20-00, renewed 5-3-01) The mother renews her previously refused petition for appeal of the lower court order terminating her parental rights, claiming that the court erred in failing to qualify the mother’s counselor as an expert witness, in permitting the CPS workers to present the mother with recommendations that would not affect the decision of the court, and in failing to consider the wishes of the children regarding visitation with their mother.
Refuse 3-2
Albright, J., McGraw, C.J.
4. State of West Virginia v. Ottis Ray Euman, No. 010023 (filed 1-24-01) Following a bench trial, Magistrate Court sentenced Euman to six months in county jail and a $100.00 fine for Driving a Motor Vehicle while his Licence was Revoked for DUI. Euman appeals the circuit court order 1) denying his Motion to Dismiss (which was based on an assertion that the Magistrate court erred in basing his conviction under W.Va. Code § 17B-4-3 on a license revocation from another state); and 2) affirming his conviction of Driving a Motor Vehicle while his Licence was Revoked for DUI. Petitioner makes the same claim of error on appeal.
Grant 3-2
5. State of West Virginia v. Craig Steven Whited, No. 010039 (filed 1-30-01)
Refuse 5-0
Cecchinelli, et al., plaintiffs below, appeal the circuit court order granting summary judgment in favor of the respondents, claiming that the court erred in (1) ruling that the respondents had acquired a prescriptive easement to discharge water onto their property; (2) in ruling that the statute of limitations began to run in 1977 or no later than 1992; (3) in ruling that petitioner’s damages would be limited to those damages which would have occurred within two years prior to the institution of the suit; 4) in ruling that the petitioners did not sustain any damages during the two year period prior to the institution of the suit; and 5) in ruling that as a matter of law , petitioners sustained no damages after the date on which Jager Management took over the management of the Mountaineer Mall.6. Ferris Cecchinelli, and John P. Lavery, and Norma Lavery, Trustees U/A v. First Union Real Estate Equity and Mortgage Investments, a Corporation and Jager Management, Inc., a Corporation No. 010335 (filed 2-20-01)
Refuse 4-1
McGraw, C.J.
DHHR appeals the dismissal of a child abuse and neglect action and the order directing that Brandon B., a "special needs" child be returned to his biological mother.7. In the Matter of Brandon B., No 010558 (filed 3/15/01)
Grant 5-0
Mother appeals the termination of her parental rights.8. In the Matter of Brandon G. , No. 010683 (filed 4/16/01)
Refuse 5-0
9. State v. Shane Vannoy, No. 010676 (filed 4/13/01) Vannoy challenges his conviction under West Virginia Code Section 17C-4-1, for the crime of "Leaving the Scene of an Accident Resulting in Death," arguing that this Code Section is unconstitutionally vague and over broad.
Refuse 5-0
Menei challenges his conviction for aiding and abetting as a principle in the second degree to non-aggravated robbery, arguing that the trial Court erred in denying Menei's request for a new trial after discovery that the state's key witness lied on the stand.10. State v. Thomas Menei, No. 010696 (filed 4/19/01)
Refuse 5-0
11. In the Matter of Stephanie, James, Beverly, Tiffany, Jeffrey, Eric, and Zachary N., No. 010804 (filed 5/3/01)
Petitioner Mother, Lisa N., seeks the reversal of the a 12/20/00 Order by the Kanawha County Circuit Court, which adjudicated her younger two children, Zachary and Jeffery, as abused and neglected. Petitioner further seeks the reversal of the 2/5/01 Kanawha County decision, which terminated her parental rights to her seven minor children.
Refuse 5-0
12. In the Matter of Stephanie, James, Beverly, Tiffany, Jeffrey, Eric, and Zachary N., No. 010803 (filed 5/3/01) Petitioner, James Guthrie, father to 6 of the 7 children, seeks the reversal of the a 12/20/00 Order by the Kanawha County Circuit Court, which adjudicated his younger two children, Zachary and Jeffery, as abused and neglected. Petitioner further seeks the reversal of the 2/5/01 Kanawha County decision, which terminated his parental rights to his children.
Refuse 5-0
13. In the Matter of Elizabeth, Mc., No. 010715 (filed 4/24/01) David M, father and petitioner, seeks reversal of the termination of his parental rights to his two youngest children on evidentiary grounds. The petitioner alternatively seeks a post-adjudicatory improvement period.
Refuse 5-0
14. James W. Gordon v. George Hill - Judge, No. 010570 (filed 03/15/01)
Gordon, pro se, seeks a writ of mandamus to compel the Circuit Court of Wood County to rule on his motion to compel the Circuit Clerk of Wood County to release to him the grand jury, preliminary hearing, and the pre-trial hearing transcripts, as well as a copy of his plea bargain agreement, in case no. 98-F-14.
Refuse 5-0
MOOT
15. Michael A. Williams v. Haines, No. 010598 (filed 03/21/01) Williams, pro se, seeks a writ of mandamus to compel the Circuit Court of Randolph County to timely hold the omnibus habeas corpus hearing in his civil action no. 00-C-123 over one of the terms of his confinement.
Grant 5-0
REMANDED
16. SER Michael W. Poole, et al. v. W.Va. Regional Jail and Correctional Facility Authority, No. 010618 (filed 04/02/01) Poole and others, pro se, seek a writ of mandamus to compel certain changes in the procedures and administration of the Southern Regional Jail alleging that the respondent authority is currently administering the jail in violation of state regulations and statutes and in violation of the state and federal constitutions.
Refuse 5-0
17. SER James W. Berry, Sr. v. Wayne County Circuit Court, No. 010435 (filed 2/27/01) Berry, pro se, seeks a writ of mandamus seeking to compel the Wayne County Circuit Court to rule upon a pending Writ of Habeas Corpus filed in 5/99.
Grant 4-1
Maynard, J.
Unless sooner mooted
18. State of WV v. Ralph Tennant, Jr. , No. 010579 (filed 3/21/01) Petitioner seeks the reversal of sentence and conviction and a new trial.
Refuse 5-0
19. State of WV v. Robert Dillon, No. 010254 (filed 2/16/00) Petitioner seeks the reversal of the conviction, a judgment of acquittal notwithstanding the verdict, a grant of a new trial, or a remand of the case with instructions, as the court deems appropriate.
Refuse 5-0
20. Michael E. Taylor v. WV State Parole Board and Evelyn Seifert, Warden Northern Regional Jail and Correctional Center, No. 010237 (filed 2-5-01)Taylor seeks writ of habeas corpus to compel the WV State Parole Board to release him on parole or to hold another parole board hearing that fully considers his behavior and record while in prison as well as reports regarding his physical, mental and psychiatric condition.
Refuse 5-0
21. Paul D. Brumfield v. Huttonsville Correctional Center, Docket No. 010486 (filed 3-5-01) Petitioner Brumfield, pro se, seeks a writ of habeas corpus compelling his release from Huttonsville asserting that his guilty plea was involuntarily given as it was unlawfully induced.
Refuse 5-0
22. State of WV v. James Eugene Reynolds, No. 010315 (filed 1/16/01/ 2/26/01) Reynolds requests that this Court set aside his conviction of First Degree Sexual Assault, Assault During the Commission of a Felony and Failure to Register, pursuant to a plea agreement with the State of West Virginia. Reynolds asserts that he received an excessive sentence based upon the plea agreement, the facts of this case, his age and his health. Reynolds also asserts that the sentence is disproportionate to the severity of the offenses charged.
Refuse 5-0
23. State of WV v. Suzana M. Vetromile, No. 010417 (filed 3/9/01) Vetromile appeals her conviction of Murder in the First Degree for which she was sentenced to Life without mercy as being against the weight of the evidence. Vetromile also appeals the Circuit Court’s denial of her Motion for Reconsideration and request for a hearing thereon.
Grant 4-1
Maynard, J.
24. Judson White v. William Frederick, Administrator, No. 010410 (filed 02/15/01) White, pro se, seeks a writ of mandamus to compel certain changes in the procedures and administration of the South Central Regional Jail alleging that the jail’s administrator has failed to timely act upon his grievance requesting those changes.
Refuse 5-0
25. William R. Miller v. State of West Virginia, Boone County, No. 010420(filed 02/14/01) Miller, filing pro se, seeks a writ of mandamus to compel the Boone County Circuit Court to rule on his motion to have his counsel removed and new counsel appointed in his habeas corpus proceeding before the circuit court in case no. 96-C-58.
Refuse 5-0
MOOT
26. SER Gary L. DeTemple v. Hon. Arthur Recht - Judge, No. 010487 (amended petition filed 02/22/01) DeTemple, pro se, seeks a writ of prohibition to compel Ohio County Circuit Judge Ronald Wilson to reconsider the 12/27/00 order of Judge Arthur Recht denying all of DeTemple’s pretrial motions in his law suit against his former attorneys.
Refuse 5-0
27. SER Terry A. Gill v. Howard Painter-Warden, No. 010481 (filed 02/27/01) Gill, pro se, seeks a writ of habeas corpus to compel the warden of the state correctional facility to release him from custody on the ground that the Prosecuting Attorney of Wood County is intentionally preventing him from having his former attorney testify at his habeas corpus hearing.
Grant 3-1
Maynard, J.
Albright, J. , Disqualified
Unless sooner mooted
28. Christopher Wilmore v. William Haines-Warden, 010581 (filed 03/21/01) Wilmore, pro se, seeks a writ of habeas corpus alleging that he should have been sentenced to petit larceny after stealing a bottle of prescription drugs from a house instead of the felony of acquiring controlled substances by misrepresentation, fraud, deception or subterfuge, pursuant to W.Va. §60A-4-403(a)(3).
Grant 4-1
Maynard, J., REMANDED
29. Thomas Lewis v. Howard Painter-Warden, 010619 (filed 03/29/01) Lewis, Pro Se, seeks a writ of habeas corpus asserting the claim of ineffective assistance of counsel.
Deferred
Pack, pro se, filed a motion for reconsideration of sentence with this Court asserting that his attorney below was ineffective.30. James Pack v. Logan County Circuit Court, 010536 (filed 03/12/01)
Deferred
Pelphrey, pro se, seeks a writ of mandamus ordering the respondent to respond to his appeal of a disciplinary proceeding against him.31. James Pelphrey v. Paul Kirby, Comm. WV Dept. of Corrections, 010521 (filed 03/07/01)
Grant 4-1
Maynard, J.
Unless sooner mooted
Jenkins, pro se, filed a petition for a writ of habeas corpus seeking copies of transcripts.32. SER Ross Jenkins v. Howard Painter-Warden, No. 010479 (filed 1/31/01)
Refuse 5-0
MOOT
33. SER Paul Dorton v. WV Parole Board, No. 010480 (filed 1/31/01) Dorton, pro se, seeks a writ of mandamus seeking to compel the West Virginia Parole Board to release him on parole or hold another parole board hearing, and one annually thereafter.
Refuse 5-0
34. 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) his conviction was obtained by the use of coerced confession; (2) his conviction was obtained by violation of the privilege against self-incrimination; (3) denial of effective assistance of counsel.
Grant 4-1
Maynard, J.
Remanded
35. SER Steve Cogar, et al. v. William Haines-Warden, No. 003012 (filed 12/29/00) Cogar, Mathena, Lawson, Blake, Few, pro se, filed a writ of habeas corpus in which they assert that Huttonsville Correctional Center has failed to provide them and other prisoners at Huttonsville Correctional Center with adequate medical treatment for Hepatitis.
Refuse 5-0
36. SER Jeanne U. v. Hon. Herman Canady - Judge, No. 010920 (filed 5/22/01)
Grant 4-0
Maynard, J. , Not participating