Converted WP file nov18w

WRIT CONFERENCE

Thursday , November 18, 1999

1.    In the Matter of: Robert D., Stephanie D., and Janna D., No. 992776 (filed 10/21/99). Father appeals his children's placement with their mother following an abuse and neglect proceeding.
Refuse 5-0
2.    Monica Thompson v. Larry Thompson, No. 992997 (filed 11/5/99).
    Father appeals the lower court's denial of his Petition to Set Child Support, Obtain Visitation, and Otherwise Reinstate Parental Rights. The father previously relinquished his parental rights and consented to the adoption of his child.

Refuse 5-0
3.    State v. Dwane Shrewsbury, No. 992204 (filed 8/16/99).
    Shrewsbury was indicted for one count of burglary and one count of wanton endangerment. Following a bench trial, he was found not guilty by reason of mental illness on both charges. The lower court placed Shrewsbury at a mental health facility.     Shrewsbury appeals, arguing that the evidence was insufficient to prove that he committed the offenses of burglary and wanton endangerment.
Refuse 5-0
4.    William Standish v. Dale Herb, Parkersburg Women's Center, et al., No. 992025 (filed 7/27/99). Standish, plaintiff in an employment case below, appeals the special interrogatories given to the jury on the grounds that the interrogatories were not accompanied by a verdict form, and were confusing.

Refuse 5-0

5. SER Danny D. Williams, II v. The Honorable Thomas Keadle, No. 992216 (filed 8/18/99). Williams files this writ of mandamus seeking to compel Judge Keadle to rule on his motion for reconsideration of sentence. Judge Keadle denied Williams' motion, finding that it was untimely filed under W.Va.R.Cr.P. 35(b). Denmar Correction Center reports that Danny Williams was paroled in October 1999.

Refuse as moot 5-0
6. State v. Eric Hendricks, No. 992411 (filed 9/13/99).
Hendricks appeals his conviction for delivery of a controlled substance. At issue is whether the court erred in refusing a plea agreement.

Refuse 5-0

7. In the Matter of Roy Richard C., No 992768 (filed 10/19/99).
Father appeals the termination of his parental rights.

Refuse 5-0

8. In the Matter of Charles R. Wells, No. 992799 (filed 10/25/99).
Wells appeals, pro se, the denial of his motion for Medical Testing to Aid in the Determination of Paternity.

Refuse 5-0

9. State of West Virginia v. Edwin Goetz, No. 992381 (filed 9-1-99).
Goetz appeals the circuit court denial of his Motion for Reconsideration of the revocation of his home confinement and probation.

Refuse 5-0

10. State of West Virginia v. Donald Greene, No. 992408 (filed 9-10-99).
Greene appeals his conviction of Driving on Suspended/Revoked License - Third Offense.

Refuse 5-0
11.     SER Henry Keith Wykle v. Howard Painter, Warden, No.991994 (filed 7-22-99).
    Wykle appeals the denial of his petition for a writ of habeas corpus for his underlying conviction on a plea to First Degree Murder for which he was sentenced to Life Without Mercy.

Refuse 4-1
(Starcher, C.J.)
12.     SER Oscar Lee Finley v. George Trent, Warden, No. 992026 (filed 7-27-99).
    Finley appeals the denial of his petition for a writ of habeas corpus for his underlying convictions of Aggravated Robbery and First Degree Murder, for which he was sentenced to Life Without Mercy.

Refuse 5-0

13. In the Matter of: Callaghan & Ruckman, No. 992168 (filed 8-6-99).
Callaghan & Ruckman appeal a circuit court order affirming the administrative decision of the State Tax Commissioner finding that the method of enforcement of the West Virginia use tax does not violate the equal protection provisions of either the U.S. or West Virginia constitutions.

Refuse 5-0
14.    State of West Virginia v. Michael Lee Weatherholt, No. 991538 (filed 6/4/99). Weatherholt appeals from an order resentencing him to two concurrent terms of 25 years in prison, upon his conviction of two counts of aggravated robbery.
Refuse 5-0
15.    State of West Virginia v. Kevin McVay , No. 991575 (filed 6/10/99).
    McVay appeals from an order denying his motion for a new trial, after a jury found him guilty of aggravated robbery.

Refuse 5-0

16. State of West Virginia v. Basil Osborne, No. 991637 (filed 6/18/99).
Osborne appeals from an order sentencing him to consecutive prison terms upon his conviction of two counts of wanton endangerment.

Refuse 5-0

17. State of West Virginia v. John Jones, Jr., No. 991837 (filed 6/29/99).
Jones appeals from a sentencing order entered following his conviction of “intimidation of a judicial officer.”

Refuse 5-0
18.    State of West Virginia v. Jackie Spaulding, II, No. 991966 (filed 6/20/99).
    Spaulding appeals from an order sentencing him to 1-5 years in the state penitentiary upon his conviction of unlawful wounding, and then suspending the sentence and placing him at Anthony Center for Youthful Offenders.

Refuse 5-0
19.    State of West Virginia v. Herman M. Bailey, No. 992058 (filed 6/29/99).
    Bailey appeals from a sentencing order and order denying his motion for reduction of sentence, entered following his conviction of one count of first degree sexual assault, five counts of sexual abuse by a custodian, and four counts of first degree sexual abuse.
Refuse 5-0
20.    In the Matter of: Marsha N. et al, No. 992767 (filed 10/20/99).
    Mother appeals the termination of her parental rights.

Refuse 5-0

21. In the Matter of: Clarissa R. et al., No. 992987 (filed 11/4/99).
Mother appeals the termination of her parental rights.

Refuse 5-0
22. State of West Virginia v. Joseph Scott Baumgardner, No. 992162 (filed 8-6-99).
Petitioner appeals indeterminate 1-10 year sentence at state penitentiary for grand larceny. Petitioner claims his sentence violated the proportionality principle of WV's State Constitution. Petitioner also claims the trial court abused its discretion by giving too much weight to his juvenile record in determining his sentence.

Refuse 5-0

23. McMillion v. McMillion, No. 992144 (filed 5-20-99).
Petitioner appeals an order denying his petition to modify spousal support. Petitioner claims his monthly spousal support payments should have been terminated or reduced because there was a substantial change in circumstances, the award was in excess of his ability to pay, and the financial statements used to determine the amount of support were false.

Refuse 5-0

24. State v. Larry B. Ramsey, No. 992284 (filed 8/2/99).
Petitioner Larry Ramsey appeals his conviction for manufacture of a controlled substance (marijuana) and conspiracy to manufacture a controlled substance. Petitioner claims prosecution violated his right against self incrimination by cross examining him about his post arrest silence. Petitioner also claims that trial court erred in admitting hearsay statements from a co-defendant and his wife, failed to dismiss one count of conspiracy, and abused its discretion in sentencing petitioner to the penitentiary without specific findings of fact.

Grant 5-0

25. Vernon McCartney v. Carl Legursky, Warden, No. 991935 (filed 7/15/99)
Petitioner, Vernon McCartney, appeals from the denial of his petition of habeas corpus in the Webster County Circuit Court by Order entered January 13, 1999. Petitioner alleges that he was denied a fair trial because two members of the jury knew him personally and he believes that they must have talked about his previous conviction and that he was a known pedophile. Petitioner also claims that the Court erred in failing to grant the habeas petition because he had witnesses that were willing to come and testify as to his innocence.

Refuse 5-0

26.    State v. Felicia Hendricks, No. 991940 (filed 7/16/99).
    Hendricks appeals her conviction for 4th degree arson (i.e. attempt to commit arson).
    Petitioner claims she did not have the requisite intent to attempt such crime.

Refuse 4-1
(Starcher, C.J.)
27. Tri-State Block Corp. and Glenn Straub v. David C. Saunders, No. 992267
(filed 9/27/99). Petitioners appeals an order for summary judgment against them for back wages and other relief. Petitioners claim there were genuine issues of material fact in dispute.

Grant 4-1
( McGraw, J.)