West Virginia Supreme Court of Appeals

Writ Conference

Wednesday, November 27, 2002

 

1. State of West Virginia v. Nathaniel Lowe, No. 021579 (Filed 7/30/02)

Criminal defendant, convicted by jury of four counts of sexual assault in the first degree and four counts of sexual abuse by a custodian based upon alleged sexual abuse of his step children, appeals circuit court order arguing insufficiency of the evidence to convict him and alleging error by the trial court in allowing prosecution to lead child witness.

Refuse 3-2
(Starcher, J., Albright, J.)


2. State of West Virginia v. Thomas Henderson, No. 021600 (Filed 8/2/02)

Criminal defendant, convicted by jury of one felony count of manufacture of a controlled substance, possession of a controlled substance and possession of a firearm by a prohibited person, appeals circuit court order sentencing him to 2-10, concurrently with two six months jail sentences and a $2500 fine, arguing insufficiency of the evidence to convict him.

Refuse 5-0


3. State of West Virginia v. Jarmara T. Allen, No. 021606 (Filed 8/2/02)

Criminal defendant, who has entered into a conditional guilty plea to one count of conspiracy to commit a felony and to one count of possession of a controlled substance with the intent to deliver marijuana, with dismissal of 3 counts, appeals circuit court order denying his motion to suppress evidence seized in the original stop and warrantless search of the vehicle in which he was riding, raising issue of need for police to independently confirm tip from an informant who had not been used previously before it can reach legal standard for probable cause for warrantless search of vehicle.

Refuse 5-0


4. Brando J. Hurt v. Howard Painter, Warden, No. 021682 (Filed 8/14/02)

Criminal defendant, sentenced to life without mercy based upon jury conviction, appeals circuit court order denying his petition for habeas corpus, asserting ineffective assistance of counsel, error by the circuit court in refusing to exclude post Miranda statements by defendant and error in conviction based upon insufficiency of the evidence.

Refuse 4-1

(Starcher, J.)


5. Frank Longwell, Larry Ferrara v. Marshall Cty. Bd. of Education, No. 021775 (Filed 8/26/02)

Citizen taxpayers appeal circuit court order dismissing their declaratory judgment and mandamus petition pursuant to Rule 12 (b) (6) for failure to state a claim upon which relief may be granted.

Grant 5-0

6. John Paul Montgomery v. William Haines, Warden, No. 021821 (Filed 8/30/02)

Criminal defendant, convicted of sexual abuse by a guardian and sentenced to an indeterminate sentence of 5-15 now discharged, appeals circuit court order dismissing his habeas corpus action as moot due to the discharge of defendant's prison sentence, arguing that the circuit court erred in finding that the matter was moot as his conviction still requires defendant to register as a sexual offender.

Grant 4-0
(Albright, J. - disqualified)


7. Adoption of: Sierra Nicole Shrader, No. 021885 (Filed 9/11/02)

Unsuccessful Intervenors in adoption below/biological aunt and grandmother appeal circuit court order approving adoption.

Refuse 4-1

(Albright, J.
)

8. Adoption of: Sierra Nicole Shrader, No. 021984 (Filed 9/27/02)

Natural father appeals circuit court order approving adoption based upon finding that he abandoned child and allegedly fraudulent consent of natural mother to the adoption.

Refuse 4-1
(Albright, J. )


9. SER Danny R. Swager v. Hon. Gary Johnson, No. 021943 (Filed 9/17/02)

Criminal defendant seeks issuance of a writ of mandamus to require the circuit court to order the production of pretrial and trial transcripts and sentencing transcripts, to rule upon a motion for appointment of counsel, to recuse presiding judge and obtain appointment of special judge, and to rule upon motion involving need for investigator to deal with new evidence in defendant's underlying habeas corpus action.

Refuse 5-0

10. In the Matter of: Alyssa W., Sierra H., No. 021776 (Filed 8/26/02)

Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in terminating his parental rights to his natural daughter based upon clear and convincing finding of sexual abuse of her sister, his stepdaughter.

Refuse 3-2

(Starcher, J., McGraw, J.)

11. In the Matter of: Mykelyn G, Nikolas G. and Jordan W., No. 021838 (Filed 9/4/02)

Mother appeals circuit court order terminating her parental rights, asserting that there was insufficient proof to justify termination.

Refuse 5-0

 

12. In the Matter of: Joseph B. and Katelynn B., No. 021840 (Filed 9/4/02)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in denying her motion for an improvement period.

Refuse 5-0


13. In the Matter of: Marissa A., No. 021973 (Filed 9/26/02)

Father appeals circuit court order adjudicating his own children as abused and neglected due to injuries leading to death of his girlfriend's 20 month old daughter while in his care and terminating his parental rights.

Refuse 3-2

(Starcher, J.)
(Albright, J., Disqualified)

 14. In the Matter of: Kyiah P. and Joseph P., No. 022071 (Filed 10/7/02)

Guardian ad litem appeals circuit court order dismissing abuse and neglect petition, arguing that the circuit court erred in failing to allow DHHR additional time in which to obtain evidence garnered from another state's investigation of this family and abuse or neglect of prior children outside of West Virginia.

Grant 4-1

(Starcher, J.)

 

15. In the Matter of: Devonte Joel W., No. 022024 (Filed 9/6/02)

Father appeals circuit court order, arguing that there was insufficient evidence to deny an improvement period and to terminate his parental rights.

Refuse 5-0

 

16. Jean-Numa Lapeyre v. J. Rubenstein, Commissioner, and Howard Painter, Warden, No. 011388 (Filed 7/6/01)

Petitioner/Inmate appeals the dismissal of his complaint, which sought to compel the production of a copy of his medical records from DOC files.

Refuse 5-0
Moot

17. State of WV v. Rodney K. Miller, No. 021234 (Filed 6/14/02)

Petitioner/Defendant appeals conviction on two counts of sexual abuse in the first degree, alleging error by the Circuit Court of Pleasants County in reversing its decision to grant a mistrial and in allowing hearsay evidence.

Refuse 4-1
(Albright, J.)

18. SER William Crupe v. Mark A. Williamson, Warden, No. 020768 (Filed 4/8/02)

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging denial of right of appeal, failure of the State to disclose evidence favorable to Petitioner/Inmate, no evidence produced at trial which would support a conviction, delay in production of transcript, and improper selection of jury panel.

Grant 3-2

(Davis, C.J., Maynard, J.)

 

19. SER Crystal Thomas-Tonemah v. Thomas Scott, No. 020808 (Filed 4/11/02)

Petitioner/Defendant seeks issuance of writ of habeas corpus, asserting that her guilty plea was not made knowingly or voluntarily and that she did not receive effective assistance of counsel.

Refuse 5-0


20. SER Randy Cooper v. Thomas McBride, Warden, No. 021539 (Filed 7/23/02)

Petitioner/Inmate seeks a writ of habeas corpus alleging deliberate indifference, wrongful segregation from the rest of the prison population, and wrongful detention for crimes which he did not commit.

Refuse 5-0


21. SER James Scarberry v. Thomas McBride, Warden, No. 021790 (Filed 8/14/02)

Petitioner/Inmate seeks the issuance of a writ of habeas corpus alleging that the sentence he received for his guilty plea of third offense DUI and obstruction was greater than he understood that it would be when he made his guilty plea.

Refuse 5-0


22. SER Charles Hodge v. Mark Williamson, Warden, No. 021850 (Filed 9/5/02)

Petitioner/Inmate seeks writ of habeas corpus, alleging that he was not credited for time spent on "restricted bond."

Refuse 5-0

23. SER Kenny D. Sayre v. Thomas McBride, Warden, No. 021881 (Filed 9/10/02)

Petitioner/Inmate seeks writ of habeas corpus, alleging that he was coerced into making a guilty plea, which was used to enhance a subsequent sentence.

Refuse 5-0


24. SER 1Starr Dalton v. James Huppenthal, Administrator, No. 021900 (Filed 9/11/02)

Petitioner/Inmate seeks issuance of habeas corpus in order to correct his sentence to reflect his plea agreement.

Refuse 5-0


25. SER Raymond Hays v. Mark Williamson, No. 021940 (Filed 9/16/02)

Petitioner/Inmate seeks the issuance of a writ of habeas corpus so that he may be discharged from his prison sentence and allowed to seek psychiatric treatment for a compulsive disorder.

Refuse 5-0

 

26. SER Brian K. Necessary v. Berkeley County Circuit Court, No. 021927 (Filed 9/16/02)

Petitioner/Plaintiff seeks issuance of writ of mandamus compelling the Circuit Court of Berkeley County to enter default judgment in a civil action.

Refuse 5-0

 

27. SER Samuel Bolen v. McDowell County Circuit Court, No. 021983 (Filed 9/26/02)

Petitioner/Inmate seeks writ of mandamus compelling the Circuit Court of McDowell County to rule upon his petition for writ of habeas corpus.

Grant 5-0

unless sooner mooted

28. In the Matter of: Wanya M., Alicia N., Victoria N., and Zyria B., No. 021819 (Filed 8/30/02)

Petitioner/Mother appeals order of Circuit Court of Mercer County terminating her parental rights to her four children, alleging that the court failed to make specific findings of fact and conclusions of law in its dispositional order.

Refuse 5-0

29. In the Matter of: Courtney B., Jonathon B., and Dakota B., No. 021977 (Filed 9/26/02)

Petitioner/Mother appals order of Circuit Court of Boone County terminating her parental rights, arguing that DHHR has a duty to provide remedial services to parents of limited capacity, that the court's procedure denied Petitioner/Mother her due process rights and exacerbated the problems she had caring for the children, and that termination of parental rights is appropriate only in cases of severe cruelty or where there is no reasonable likelihood that the conditions of neglect or abuse can be corrected.

Refuse 5-0

 30. In the Matter of: Charleigh Ania F., Khalif F., and Damien F., No. 022210 (Filed 10/29/02)

Petitioner/Mother appeals order of Circuit Court of Harrison County terminating her parental rights and denying her post-termination visitation with her children, alleging that the she was denied a meaningful improvement period and that the court's denial of visitation was not in the best interests of the children.

Refuse 5-0


31. In the Matter of: Tiffany B., Daniel D, Joseph B., Robert B., Devan D., and Anna May B., No. 022233 (Filed 10/30/02)

Petitioner/Father appeals order of the Circuit Court of Preston County terminating his parental rights. Petitioner/Father argues that the court erred when it discontinued his supervised visitation based upon unsolicited ex parte communications from the children's therapists, when it denied his request for independent psychological examinations of the children, when it denied his motion for the testimony of the children, and when it denied his request for post-adjudicatory improvement period.

Refuse 5-0

 

32. In the Matter of: Candee C., No. 022265 (Filed 11/4/02)

Petitioner/Mother appeals an order of the Circuit Court of Cabell County terminating her parental rights, alleging that the DHHR did not make reasonable efforts to reunite Petitioner/Mother with her daughter, that the court erred in not appointing a guardian ad litem for Petitioner/Mother, and that the facts surrounding the case did not warrant a termination of Petitioner/Mother's parental rights.

Refuse 5-0


33. In the Matter of: Edward Stephen N., No. 021256 (Filed 6/17/02)

Guardian ad litem moves this Court to renew the Petition for Appeal (refused September 5, 2002), urging this Court to reconsider its position on West Virginia Code § 44-10-4.

Refuse 5-0