Habeas petitioner appeals circuit court denying habeas petition, arguing constitutional violations based upon evidentiary errors at trial. Refuse 5 - 0

Petitioner appeals circuit court order denying his habeas corpus petition. Deferred

Defendant seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel and other issues relating to his mental health. Returnable below for appointment of counsel & Omnibus Hearing

4.  SER Sid Russell Mosser v. William Fox, Warden, No. 090757 (Filed 5/22/09)

Defendant seeks issuance of a writ of habeas corpus arguing failure to credit him with 62 days of time served. Refuse 5 - 0

Defendant seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel. Returnable below for appointment of counsel & Omnibus Hearing

Defendant, convicted by jury of First Degree Murder and First Degree Arson and sentenced to consecutive terms of Life with Mercy and 20 years, seeks issuance of a writ of habeas corpus for appointment of counsel and omnibus proceeding.  Returnable below for appointment of counsel & Omnibus Hearing

Defendant seeks issuance of a writ of prohibition against circuit court alleging that his sentence of 5-18 years in prison for Second Degree Robbery was disproportionate and unconstitutional and that the circuit court breached his plea agreement by not granting alternative sentencing. Refuse 5 - 0

Defendant, convicted by guilty plea of Second Degree Robbery and sentenced to 5-18 years in prison, seeks issuance of a writ of habeas corpus to allow appointment of counsel and omnibus hearing. Refuse 5 - 0

Defendant, convicted of Second Degree Murder and Conspiracy by guilty plea, seeks issuance of a writ of habeas corpus for appointment of counsel and omnibus proceeding. Refuse 5 - 0

Petitioner, convicted of Second Degree Murder by guilty plea and sentenced to 34 years, seeks issuance of a writ of habeas to require Department of Corrections to provide him with educational pay for attending Quality of Life programming at Mt. Olive. Refuse 5 - 0

Defendant, convicted by guilty plea of three counts of Sexual Abuse by a Parent and sentenced to three consecutive 10-20 year terms in prison, seeks issuance of a writ of habeas corpus to require re-sentencing to restore his appeal time. Grant 5 - 0 & Remand for resentencing and appointment of appellate counsel

Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to rule upon his motion for correction of sentence. Refuse as Moot

Defendant seeks issuance of a writ of mandamus arguing unreasonable delay by the circuit court in regard to her pending habeas corpus petition. Refuse as Moot

Defendant, convicted of First Degree Murder by guilty plea and sentenced to 15 years in prison, seeks issuance of a writ of mandamus against circuit court arguing unreasonable delay in ruling upon his underlying motion to set aside plea bargain. Grant 5 - 0, Unless sooner mooted

Defendant seeks issuance of a writ of mandamus against the circuit court arguing unreasonable delay in regard to his pending habeas corpus petition. Refuse as Moot

Habeas Petitioner below seeks immediate discharge from custody arguing that the circuit court has acted within unreasonable delay in his underlying habeas corpus action. Refuse 5 - 0

Prisoner held in Regional Jail seeks issuance of a writ of mandamus arguing that he is entitled to transfer to a DOC facility. 
Refuse 5 - 0

Prisoner held in Regional Jail seeks issuance of a writ of mandamus arguing that he is entitled to transfer to a DOC facility. 
Refuse 5 - 0

Father appeals circuit court order terminating his parental rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

Father appeals circuit court order terminating his parental rights. Refuse 5 - 0

Father appeals circuit court dispositional order placing children with Mother. Grant 5 - 0

Father appeals circuit court order which permanently transferred custody of his son to his maternal aunt and uncle. Grant 5 - 0

Stepfather appeals circuit court order terminating his parental and custodial rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

Stepfather appeals circuit court order finding by clear and convincing evidence that Stepfather abused child. Refuse 5 - 0

Petitioner appeals her one-year sentence following her guilty plea to petit larceny (second offense), arguing that the court abused its discretion in not granting her an alternative sentence given her medical condition. Refuse 5 - 0

Petitioner appeals the lower court’s denial of his motion for correction of sentence, arguing that the court lacked jurisdiction to sentence Petitioner as a recidivist because one of his prior convictions was inapplicable and that the court used an improper sequence in determining the order in which Petitioner must serve his sentences. Refuse 5 - 0

Petitioner appeals his disposition to the custody of the Industrial Home for Youth and probation until the age of 21, arguing that the disposition was excessive in light of the nature of his wrongdoings. Refuse 5 - 0

Petitioner appeals his sentence following his guilty plea to unlawful wounding and domestic battery. Refuse 5 - 0

Petitioner appeals the dismissal of his civil action against the State. Refuse 5 - 0

Petitioner appeals the denial of a 1981 petition for writ of habeas corpus, alleging that the trial court erred in failing to preserve a transcript of the evidentiary hearings, thus impairing Petitioner’s constitutional right to appeal this case and effectively denying Petitioner a full and fair hearing as required by statutory and case law; the trial court erred in taking more than 28 years after the date of submission to enter a final judgment in violation of Rule 16.12 of the Trial Court Rules and in the deprivation of Petitioner’s constitutional rights of appeal; the trial court erred in dismissing grounds two, four, and five and seven through thirteen based upon the reason of prior adjudication where, under W.Va. Code § 53-4A-1(a), such prior adjudications were (1) not final adjudications and/or (2) clearly wrong; the trial court erred in appointing Daniel B. Douglass to represent Petitioner, thereby denying Petitioner’s right to effective assistance of counsel; the trial court erred in denying the petition without making a written finding on ground 24 of the petition; and the trial court erred in denying the petition based upon adverse findings upon grounds fifteen through 23 of the petition, which was contrary to law and fact. Refuse 5 - 0

Petitioner/Defendant appeals the circuit court’s denial of his appeal of an adverse verdict in a magistrate court bench trial over a complaint of breach of contract. He argues that the circuit court erred in determining that Respondent/Plaintiff did not breach the contract and in calculating damages. Refuse 5 - 0

Petitioner/Plaintiff appeals the lower court’s Order Denying Plaintiff’s Motion for Partial Summary Judgment and Request for Permanent Injunction and Granting Defendant’s Motion for Summary Judgment in this dispute over the effect of certain covenants, conditions, and restrictions of a property subdivision. Grant 5 - 0

Petitioner appeals the lower court’s order granting summary judgment in favor of the defendant in Petitioner’s claim for retaliatory discharge. Grant 5 - 0

Petitioner appeals the denial of his petition for writ of habeas corpus, arguing ineffective assistance of counsel and that he did not enter a knowing and voluntary guilty plea. Refuse 5 - 0

Petitioner appeals the denial of his petition for writ of habeas corpus, arguing denial of his right to trial by jury and his right to due process of law on a scheme that permits conviction without proof of a single act of criminal conduct, denial of his right to due process of law by the presentation of expert testimony which does not pass constitutional muster, that his sentence constitutes cruel and unusual punishment, that his rights to due process of law were violated by the State’s use of impeachment testimony as direct evidence, that his rights to confrontation were violated through the introduction of hearsay testimony, that he was denied his right to confront the witnesses against him and his right to be presumed innocent, and that he suffered ineffective assistance of counsel. Refuse 4 - 1 (Ketchum, J.)

Petitioner seeks the issuance of a writ of habeas corpus arguing that his parole was wrongfully revoked following his conviction in North Carolina on drug and firearm charges. He argues that the deserves a new trial and representation by counsel. Refuse 5 - 0

Petitioner seeks a writ of habeas corpus, arguing that he has suffered under an unlawful sentence and has waited too long for the lower court to grant relief in a habeas corpus proceeding pending there. Refuse 5 - 0

Petitioner seeks the issuance of a writ of habeas corpus, alleging ineffective assistance of counsel and a conflict of interest with his co-defendant. Refuse 5 - 0

Petitioner seeks to compel the lower court to produce certain documents in order that she might file a federal petition for habeas corpus. Deferred

Petitioner seeks to compel the production of certain requested documents. Refuse 5 - 0

Petitioner/Mother appeals the termination of her parental rights, arguing that the court erred in denying her an improvement period and post-termination visitation. Refuse 5 - 0

Petitioner/Father appeals the termination of his parental rights. Refuse 5 - 0

Petitioner/Father appeals the termination of his parental rights, arguing that the court failed to make specific findings of fact. Grant 5 - 0, Remand for detailed Findings of Fact & Conclusions of Law

Petitioner/Father appeals the termination of his parental rights, arguing that the termination was wrongfully based on Petitioner/Father’s period of incarceration. Refuse 5 - 0

Petitioner/Father appeals the termination of his parental rights to his son, arguing that the court failed to make the requisite findings of fact and conclusions of law and that the court erred in not addressing the issue of post-termination visitation. Grant 5 - 0, Remand for statutory language

Petitioner/Father appeals the termination of his parental rights. Refuse 5 - 0

Petitioner/Mother appeals the termination of her parental rights, arguing that the court erred in finding that she had abused her children and in failing to grant her an improvement period. Refuse 5 - 0

Petitioner/Mother appeals her adjudication as an abusive and/or neglectful parent. Refuse 5 - 0

58.  In the Matter of: Audrey Lynn H. & Morgan Leigh S., No. 091167 (Filed 7/29/09)

Petitioner/Mother appeals the court’s denial of a dispositional improvement period and the termination of her parental rights. Refuse 5 - 0

Petitioner/Mother appeals the denial of her motion for a dispositional improvement period and the termination of her parental rights. Refuse 5 - 0

Petitioner/Father appeals his adjudication as an abusing and neglecting parent and the termination of his parental rights. 
Refuse 5 - 0

Petitioner/Father appeals the denial of his motion for an improvement period and the termination of his parental rights. 
Refuse 5 - 0