Writ Conference
Wednesday, May 5, 2010
1. State of West Virginia v. Christopher Snyder, No. 100294 (Filed 3/11/10)
Defendant, convicted of two counts of Breaking and Entering and Malicious Assault by guilty plea appeals circuit court order sentencing him to serve 1-10, 1-10, 2-10 year terms consecutively, arguing that his sentence constitutes cruel and unusual punishment. Refuse 5 - 0
2. State of West Virginia v. Willard Bays, No. 100436 (Filed 4/7/10)
Defendant, convicted of Burglary, Malicious Assault and Attempted Murder by guilty plea and sentenced to consecutive 1-15, 2-10, 3-15 year terms, appeals circuit court order denying his Rule 35(b) motion for reduction of sentence, arguing that the circuit court failed to apply the proper factors in regard to the motion. Refuse 5 - 0
3. State of West Virginia v. Johnny Mack Brown, No. 100483 (Filed 4/14/10)
Defendant, convicted of Second Offense Battery upon an Officer by guilty plea, appeals circuit court order sentencing him to serve 1-3 years in prison consecutively with his previous sentences, arguing that the sentence constitutes cruel and unusual punishment and is disproportionate. Refuse 5 - 0
4. Thomas Allen Sayres v. George Janice, Warden, No. 091691 (Filed 11/17/09)
Defendant, convicted of two counts of Third Degree Sexual Assault by guilty plea, appeals circuit court order denying his habeas corpus petition. Refuse 5 - 0
5. David Perry et.al. v. Fayette County Bd. of Ed. , No. 100213 (Filed 2/23/10)
School Principals appeal circuit court order affirming the decision of the WV Education and State Employees Grievance Board denying two consolidated grievances dealing with salary increments for principals and assistant principals. Refuse 4 - 0 (Workman, J. Disqualified)
6. SER Joesph G. Buffey v. George Trent, Administrator, No. 100326 (Filed 2/23/10)
Defendant, charged with several misdemeanors, seeks issuance of a writ of habeas corpus to bar further prosecution on these charges. Refuse 5 - 0
7. SER Myron D. Daniels v. Hon. Jennifer Bailey Walker, Judge, No. 100077 (Filed 1/25/10)
Defendant seeks issuance of a writ of mandamus arguing unreasonable delay in the decision of his underlying habeas corpus petition. Refuse 5 - 0
8. SER Henry B. Harris v. Hon. James Mazzone, No. 100301 (Filed 3/11/10)
Defendant seeks issuance of a writ of mandamus arguing unreasonable delay by the circuit court in his underlying habeas corpus petition. Refuse 5 - 0
9. James Foster v. James Rubenstein, Com’r DOC , No. 100363 (Filed 3/22/10)
Prisoner seeks issuance of writ of mandamus against Department of Corrections for transfer from a regional jail facility to a Department of Corrections prison. Refuse 5 - 0
10. In the Matter of: Ashlyn Renae H., No. 100263 (Filed 3/2/10)
Father appeals circuit court order terminating his parental rights. Refuse 5 - 0
11. In the Matter of: Briana B., No. 100285 (Filed 3/10/10)
Father appeals circuit court order terminating his parental rights. Refuse 5 - 0
12. In the Matter of: Zachary, Coy, Aaron & Landon, No. 100287 (Filed 3/10/10)
Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0
13. In the Matter of: Kenneth, Keaton and Kody, No. 100304 (Filed 3/15/10)
Maternal Grandmother appeals circuit court order dismissing her petition for guardianship.
14. In the Matter of; David D., No. 100309 (Filed 3/15/10)
Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0
15. In the Matter of: Aubrey Danett A. and Adam Thomas A., No.100319 (Filed 3/17/10)
Father appeals circuit court order terminating his parental rights. Refuse 5 - 0
16. In the Matter of: Katie and Isaiah J., No. 100352 (Filed 3/23/10)
Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0
17. In the Matter of: Ally-Marie M. and Isaiah Lee R., No. 100354 (Filed 3/24/10)
Father appeals circuit court order terminating his parental rights. Refuse 5 - 0
18. In the Matter of: Nina and Patrick, No. 100353 (Filed 3/25/10)
Father appeals circuit court order terminating his parental rights. Refuse 5 - 0
19. In the Matter of: Marissa H. & Zachary H., No. 100380 (Mother’s Petition) (Filed 3/25/10)
Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0
20. In the Matter of: Marissa H. & Zachary H., No. 100476 (Father’s Petition) (Filed 3/25/10)
Father appeals circuit court order terminating his parental rights. Refuse 5 - 0
21. State of West Virginia v. Steven B. Wigfall, No. 100044 (Filed 1/15/10)
Petitioner appeals his conviction for burglary, battery, domestic battery, and violation of a protective order, arguing that he suffered ineffective assistance of counsel and that the court erred in defining "reasonable doubt" and in providing separate instructions for "direct" and "circumstantial" evidence. Refuse 5 - 0
22. State of West Virginia v. David W. Peacock, No. 100091 (Filed 1/27/10)
Petitioner appeals his conviction following his guilty plea to one count of insurance fraud. Refuse 5 - 0
23. State of West Virginia v. Elizabeth Bumgarner, No. 100116 (Filed 2/9/10)
Petitioner appeals her sentence of one to fifteen years in prison and the denial of her motion for an alternative sentence. Refuse 5 - 0
24. State of West Virginia v. Daniel Paura, No. 100135 (Filed 2/9/10)
Petitioner appeals his conviction of driving under the influence causing death. Refuse 5 - 0
25. SER Robert J. Winning v. George Trent, Warden, No. 100072 (Filed 1/22/10)
Petitioner seeks habeas corpus relief, arguing that his conviction was obtained through the use of a false confession, that his conviction was obtained by the failure of the State to disclose exculpatory evidence, and that he suffered ineffective assistance of counsel. Refuse 5 - 0
26. SER Lee W. Hogan v. Marcia Ashdown, Prosecuting Attorney, No. 100026 (Filed 1/13/10)
Petitioner seeks to compel the State to return certain property seized from him during the investigation of charges against him. Refuse 5 - 0
27. SER Darryl Palmer v. Christopher Wilkes, Judge, No. 100048 (Filed 1/14/10)
Petitioner seeks to compel the lower court to allow him to act on his own behalf and on the behalf of his business, Matt’s Auto World. Deferred
28. In the Matter of: Kendy N., No. 100041 (Filed 1/15/10)
Petitioner/Mother appeals the termination of her parental rights without being allowed an improvement period. Refuse 5 - 0
29. In the Matter of: Rylee T. and Jonathan-Mikel F., No. 100090 (Filed 1/27/10)
Dad appeals the termination of his parental rights, alleging ineffective assistance of counsel and that he was wrongfully denied an improvement period. Refuse 5 - 0
30. In the Matter of: Alex E. and Austin Justin N., No. 100096 (Filed 1/28/10)
Petitioner/Mother appeals the termination of her parental rights, arguing that there was no sufficient evidence to terminate her parental rights. Refuse 5 - 0
31. In the Matter of: Anjolina Mattie C., No. 100106 (Filed 2/1/10)
Petitioner/Mother appeals the termination of her parental rights. Refuse 5 - 0
32. In the Matter of: Anjolina Mattie C., No. 100279 (Filed 3/9/10)
Intervernor/Grandmother appeals the denial of her motion for custody of her granddaughter. Refuse 5 - 0
33. In the Interest of: Shanice M., Isaiah J., Christopher F., and Bryanna J., No. 100133 (Filed 2/9/10)
Petitioner/Mother appeals the termination of her parental rights
without the granting of an additional improvement period.
Refuse
5 - 0
34. In the Matter of: Izaiah L., No. 100158 (Filed 2/11/10)
Petitioner/Mother appeals the termination of her parental rights. Refuse 5 - 0
35. In the Matter of: Izaiah L., No. 100420 (Filed 4/7/10)
Petitioner/Father appeals the termination of his parental rights. Refuse 5 - 0
36. In the Matter of: Robert W. J. and Carolyn J., No. 100179 (Filed 2/18/10)
Petitioner/Father appeals the termination of his parental rights. Refuse 5 - 0
37. In the Matter of: Robert W. J. and Carolyn J., No. 100180 (Filed 2/18/10)
Petitioner/Mother appeals the termination of her parental rights. Refuse 5 - 0
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