Refuse 5- 0

2.  Adora J. Huffman (DeWees) v. Kevin Edsel DeWees, No. 032732 (Filed 12/12/03)
Plaintiff below appeals circuit court order granting partial summary judgment to the Defendants below, finding that she has a life estate in the property and a one fifth remainder share subject to four children's remainder interests and the outcome of the fifth child's counterclaim for fraudulent conveyance.

3.  SER Kenny Sayre v. Thomas McBride, Warden, Mt.Olive, No. 031909 (Filed 8/12/03)
 Inmate seeks issuance of writ of habeas corpus and appointment of counsel, alleging prosecutorial misconduct dealing with exculpatory evidence and ineffective assistance of trial counsel. Inmate also appeals circuit court order denying habeas petition based upon conclusion that issues were waived or previously adjudicated.

4.  SER Joseph S. Baumgardner v. Thomas McBride, Warden, No. 032048 (Filed 9/8/03)
  Prisoner seeks issuance of a writ of habeas corpus seeking proper calculation of discharge date.

5.  SER Tracy Lynn Crabill v. Edward Rudolff, No. 032041 (Filed 9/11/03)
Defendant appeals circuit court order denying her request for appeal, treating the appeal as a motion to reinstate probation and denying reinstatement of probation and confirming magistrate court decision to revoke her unsupervised probation and to impose her original sentence of two years.

6.  SER Marcus R. Taylor v. William Bowman, Admin, No. 032073 (Filed 9/12/03)
Defendant seeks issuance of a writ of habeas corpus challenging his guilty plea as involuntary due to his lack of understanding of the charges and possible incarceration time and ineffective assistance of counsel.

7.  SER Tracey Ray Brown v. William Fox, Admin, No. 032051 (Filed 9/15/03)
 Defendant convicted by guilty plea and sentenced for unlawful wounding to 1-5 years seeks issuance of  a writ of habeas corpus challenging the circuit court's denial of his motion to be credited with time       served. 

8.  SER William L. Garrett v. Thomas McBride, No. 032068 (Filed 9/15/03)
 Inmate seeks issuance of writ of habeas corpus asserting that prison officials are violating his rights by seeking to take books and other educational materials from his possession, by failing to provide him with proper footwear, and by failing to provide proper meals for prisoners.

9.    SER Earl L. Puffenbarger v. Mark Williamson, Warden , No. 032074 (Filed 9/17/03) Criminal defendant, sentenced to consecutive 1 to 5 year terms with an additional five years for recidivism, seeks issuance of a writ of habeas corpus against circuit court based upon denial of untimely motion for reduction of sentence.

10.  SER Carl Jackson, Jr. v. William Haines, Warden, No. 032130 (Filed 9/22/03)
 Defendant, incarcerated upon guilty plea to one (1) count of Breaking and Entering and sentenced to 1-10 years, seeks issuance of a writ of habeas corpus releasing him from incarceration based upon failure of lower court to hold a preliminary hearing prior to revocation of his home confinement.

11.  SER Lenvel A. Spencer, Jr. v. James Iaelapi, Warden No. 032119 (Filed 9/26/03)
Defendant seeks issuance of a writ of habeas corpus, arguing multiple errors in regard to his guilty plea including ineffectiveness assistance of counsel.

12.  SER Waldon K. Davis v. Howard Painter, Warden, No. 032302 (Filed 10/14/03)
Defendant, convicted by jury of aggravated robbery and sentenced to sixty years, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel including failing to properly investigate an alibi witness and telling Defendant that she had died when she was still alive and able to testify.

13.    SER Everett Twyman Patterson v. James Ielapi, Warden, No. 032313 (Filed 10/20/03)
Defendant, convicted by guilty plea of burglary and petit larceny, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel, irregularities in the sentencing order dealing with credit for time served and impropriety by the trial court toward Defendant.

14.  SER Justin K. Black v. William S. Haines, Warden, No. 032315 (Filed 10/20/03)
 Defendant seeks issuance of a writ of habeas corpus arguing that his sentence should be reduced.

15.  In the Matter of Elizabeth A., Richard O., and Kimberly O., No. 040224 (Filed 1/28/04) Guardian ad litem appeals circuit court order dismissing abuse and neglect petition based upon circuit court's conclusion that the allegations of sexual abuse were unfounded and unsubstantiated and ordering the children returned to the parents.

16.  In the Matter of Thomas Gage F., No. 040274 (Filed 2/5/04)
Mother appeals termination of her parental rights, arguing that the sole reason for termination was her incarceration.

17. In the Matter of Tyler Ryan S., No. 032833 (Filed 12/29/03)
Father whose rights were terminated in 2001 appeals circuit court order reversing the Family Court order denying judgment of child support against parents and remanding the matter of child support owed prior to termination to the Family Court for further proceedings and determination of support owed prior to termination.    

18.    State of West Virginia v. Carl Wayne Foy, No. 032144 (Filed 10/02/03)
Petitioner/Defendant appeals his conviction of first degree murder, arguing that he had inadequate assistance of counsel at trial; the court erred in holding that the West Virginia Rules of Evidence did not apply to the mercy phase of the bifurcated trial; and the court erred in excluding the third oral statement of Petitioner/Defendant.

19.  State of West Virginia v. George Henry Ryder, No. 032214 (Filed 10/8/03)
Petitioner/Defendant appeals his sentence on one count of conspiracy to deliver a controlled substance (cocaine) and one count of conspiracy to deliver controlled substances, arguing that he should have received probation or an alternative sentence.

20.  State of West Virginia v. Larry A. Murphy, 032240 (Filed 10/9/03)
Petitioner/Defendant appeals his conviction, arguing that the circuit court erred in not determining that the indictment was flawed; in failing to grant Petitioner/Defendant's objection during the opening statements; in sustaining an objection during Petitioner/Defendant's opening statement; by failing to sustain various objections; by failing to grant Petitioner/Defendant's motion for judgment of acquittal; in failing to acknowledge plain error; and in that there was insufficient evidence to sustain a verdict of guilt in this case.

21. Kevin Boxley v. Thomas McBride, No. 031897 (Filed 9/29/03)
Petitioner/Inmate seeks issuance of injunction to prevent his transfer out of Mount Olive Correctional Center.

Refuse 5-0

22.  Kenneth Grier v. John S. Shannon, d/b/a Arborland, No. 032355 (Filed 10/27/03)
Petitioner/Defendant appeals the reinstatement of a civil action to the court's docket where the motion for reinstatement was filed outside of the permissible time period.

23. SER Roger L. Marks v. William Haines, Warden of Huttonsville Correctional Center, No. 032211 (Filed 10/7/03)
 Petitioner/Inmate seeks issuance of petition of writ of habeas corpus in hopes of a reduction in sentence.

24.  SER Timothy B. Parsons v. William Haines, Warden of Huttonsville Correctional Center, No. 032301 (Filed 10/10/03)
Petitioner/Inmate seeks issuance of writ of habeas corpus, asking that his sentence be reduced.

25. SER Rodney Eugene Nagye v. Evelyn Seifert, Warden of Northern Regional Correctional Center, No. 032293 (Filed 10/17/03)
Petitioner/Inmate seeks issuance of petition for writ of habeas corpus, arguing Petitioner/Inmate was denied his right to a fair habeas corpus proceeding; Petitioner/Inmate was denied his right to due process; the circuit court's denial of the amended petition is in error; the circuit court erred in denying Grounds B, C, and D of the amended petition; Petitioner/Inmate was denied effective assistance of counsel at the trial and habeas levels; Petitioner/Inmate was unreasonably detained before his initial presentment; false evidence was presented to the grand jury; the indictment unfairly shifted the burden of proof ; the court erred in instructing the jury; and colorable issues still remain unruled upon by the circuit court.

26. SER David Morris v. William Fox, Warden of St. Mary's Correctional Center, No. 032317 (Filed 10/20/03)
Petitioner/Inmate seeks issuance of writ of habeas corpus arguing that the DOC has developed a classification policy directive that is violative of statutory mandate and equal protection.

27. SER Carlos V. Fields v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 032339 (Filed 10/22/03)
Petitioner/Inmate seeks issuance of writ of habeas corpus, arguing that he is subjected to cruel and unusual punishment in the conditions of his confinement, that good time was wrongfully taken away from him, and that he has been denied access to the courts.

28.  SER Johnny Pack v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 032346 (Filed 10/24/03)
Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that he is being denied access to the courts, his conviction was obtained in violation of double jeopardy, his sentences are unfair when compared to those of his co-defendants, he was denied effective assistance of counsel, his conviction was obtained in violation of due process, and the judge has failed to protect Petitioner/Inmate.

29. SER David Carr v. Thomas McBride, Warden of Mount Olive Correctional Center,
No. 032319 (Filed 10/15/03)
Petitioner/Inmate seeks the issuance of a writ of mandamus, demanding that he be placed in a single-bunk cell.

30.  SER Marcus Fleming v. Robert Stone, Judge, No. 032314 (Filed 10/20/03)
 Petitioner/Inmate seeks issuance of writ of mandamus to compel the Circuit Court of Monongalia County to rule on Petitioner/Inmate's petition for writ of habeas corpus.

31. SER Joel Schoonover v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 032289 (Filed 10/21/03)
Petitioner/Inmate seeks issuance of writ of mandamus to compel the warden to credit him with good time.

32. SER Roger D. Linaburg v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 032308 (Filed 10/21/03)
Petitioner/Inmate seeks issuance of writ of mandamus to compel the warden to stop “double- bunking” cells.

33. SER Woodrow Upton v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 032316 (Filed 10/21/03)
Petitioner/Inmate seeks issuance of writ of mandamus to compel the warden to place him in a “single-bunked” cell.

Deferred

34. In the Matter of: Jeremiah A. and Rosemary A., No. 040102 (Filed 1/9/04)
    Petitioner/Father appeals the court's denial of his motion for post-termination visitation.

35. In the Matter of: Brandi S., Aerial A., Elizabeth A., John A., and Gary S., No. 040225
    (Filed 1/28/04)
    Petitioner/Mother appeals termination of her husband's custodial rights.     

36. In the Matter of: Brandi S., Aerial A., Elizabeth A., John A., and Gary S., No. 040226
    (Filed 1/28/04)
 Petitioner/Father appeals termination of his custodial rights, arguing that the circuit court erred in denying Petitioner a preliminary hearing on this matter, the circuit court erred in finding that a “child in the home” was abused by Petitioner, the circuit court erred in finding that Petitioner's children were “abused and neglected”, and the circuit court erred in denying Petitioner an improvement period.     

   
37.  In the Matter of: Scott S., No. 040249 (Filed 1/30/04)
Petitioner/Stepfather appeals the court's adjudication of his stepson as an abused and neglected child, the court's finding that DHHR took reasonable steps to preserve the family unit, and the placement of the stepson with his natural father out-of-state.

38.  In the Matter of: Nakita L., No. 040252 (Filed 1/30/04)
Petitioner/Mother appeals the termination of her parental rights, arguing that the circuit court erred in terminating Petitioner/Mother's parental rights inasmuch as she did substantially correct conditions which lead to the Nakita's removal and she did substantially comply with DHHR recommendations.

39. In the Matter of: Leah M., No. 040263 (Filed 2/3/04)
Petitioner/Father appeals court's modification of dispositional order, which restores physical and legal   custody of his daughter to her maternal grandmother.