1. State of West Virginia v. Charles N. Brannon, No. 051886 (Filed 8/31/05)
Defendant, convicted by jury of First Degree Robbery and three counts of Wanton Endangerment with a Firearm, appeals circuit court order sentencing him to serve 60 years in prison for the First Degree Robbery concurrently with one 1-5 year sentence for one count of Wanton Endangerment and two consecutive 1-5 year terms for the other two counts of Wanton Endangerment, arguing that his sentence is disproportionate to the crimes. 

Refuse 5 - 0

2. State of West Virginia v. William Cunningham, No. 052227 (Filed 10/11/05)
Defendant, pro se, who ultimately pled guilty to misdemeanor stalking and was sentenced to a suspended 6 months in jail, a $50 fine, and two years of unsupervised probation, files a late appeal to circuit court order finding him competent to stand trial, arguing that he was not competent to stand trial, did not understand the charges against him or the crime itself, that the evidence of competency was not tested by either examination or cross-examination, that his treating doctors at the time of his arrest were not produced to testify as to his competency and that his Due Process rights were violated when he was subjected to prosecution while incompetent. 

Refuse 5 - 0

3. State of West Virginia v. Jerry Ernest Simon, Jr., No. 052377 (Filed 10/24/05)
Defendant, convicted by jury of 9 counts of Second Degree Sexual Assault, 3 counts of Sexual Abuse by a Custodian of a Child and 3 counts of Incest, appeals circuit court order sentencing him to serve 1 term of 10-20 years for Sexual Abuse by a Custodian of a Child and 1 term of 5-15 years for Incest with the remaining 13 sentences suspended and following release from the penitentiary to be followed by life long supervision, arguing that the circuit court erred in admitting Defendant’s inculpatory statements into evidence; that the circuit court erred in preventing Defendant from calling his own son as a defense witness; and arguing that the circuit court erred in permitting the State to argue in denigration of the Reasonable Doubt standard in closing argument.

Refuse 5 - 0

4. Gloria J. Koontz v. Charles T. Crouch, No. 051115 (Filed 5/23/05)
Defendant appeals circuit court order ordering him to pay child support, arguing that the child support formula was improper and the amount of his income which was considered for calculation of child support included overtime which he does not actually receive.

Refuse 5 - 0

5. Jeffrey M. Porter v. Mary E. Porter, No. 051142 (Filed 5/25/05)
Wife appeals circuit court order ordering her to pay husband $59 per month in permanent alimony and finding that the wife’s student loans were her separate debt rather than marital debt to be divided equally between the parties. 

Refuse 5 - 0

6. Jeffrey M Porter v. Mary E. Porter, No. 051510 (Filed 5/25/05) 
Husband responds to wife’s appeal to circuit court order denying her petition for appeal of alimony order and order requiring her to pay school loans as her own separate debts. 

Closed

7. Marriage of: Sally Conner v. James A. Conner, Jr., No. 051557 (Filed 7/20/05)
Wife appeals circuit court order denying her appeal to Family Court order which did not provide for permanent alimony, arguing the lower court abused its discretion and did not follow the law as set forth in W. Va. Code Section 48-6-301 by not setting forth the factors considered in finding the alleged agreement for spousal support fair and equitable; arguing that the lower court’s failure to consider the financial positions of the parties amounts to an abuse of discretion, and arguing that the Husband failed to make a full financial disclosure as required by W.Va. Code 48-7-203. 

Refuse 5 - 0

8. Pamela Hayhurst v. Robert O. Shephard, No. 051843 (Filed 8/26/05)
Father appeals circuit court order denying father’s appeal of family court granting father’s motion for recalculation of Child Support Arrearages ordering payment of arrearages of child support, arguing that the Family Court failed to give proper credit against child support for two years of split custody where oldest child lived in the Father’s home and was supported by him and arguing that the Family Court should have given credit for Father paying health insurance premium against the monthly support obligation.

Grant 5 - 0

9. Brenda Dasher v. Michael Dasher, No. 051910 (Filed 9/1/05)
Husband appeals circuit court order denying his petition for appeal of Family Court order granting Wife permanent spousal support, arguing that the circuit court erred in affirming the order of the Family Court, when the Family Court failed to properly consider the statutory factors relevant to the type of spousal support.

Refuse 5 - 0

10. James E. Ott v. Mary Ellen Ott, No. 051927 (Filed 9/6/05)
Former Husband appeals circuit court order dismissing his appeal to circuit court based upon his counsel’s failure to timely file proposed findings of fact and conclusions of law in regard to the appeal, arguing that the circuit court erred in dismissing the appeal without deciding its merits. 

Grant 5 - 0
Unless Sooner Mooted

11. William Von Bickerstaff v. Jane D. Bickerstaff (now Delbrook), No. 052192 (Filed 10/3/05) 
Husband appeals circuit court order denying his petition for appeal of Family Court Order holding him in contempt of court, arguing that the Family Court and Circuit Court erred in finding that the Husband’s debt to Wife was not satisfied and statutory interest kept accruing when the Husband tendered complete payment of debt and interest in the form of a cashier’s check and U.S. currency to Wife’s counsel and Wife’s counsel declined to accept the funds unless the Husband paid his counsel to count the currency and arguing that the Family Court erred in its final order finding that the Husband was in contempt after he had satisfied his obligation to present payment to the Wife.

Refuse 5 - 0

12. Herbert E. Inscoe v. Bonnie L. Inscoe, No. 052330 (Filed 10/20/05) 
Father appeals circuit court order which held that mother owed a lesser amount in child support arrearage to Father based upon records from prior state’s orders than that ordered by Florida, arguing that this change in child support arrearages violates child’s legal right to be supported by both parents and arguing that Father’s sexuality cannot be a factor in the decision.

Refuse 5 - 0

13. SER Darrell W. Brown v. Thomas McBride, Warden, No. 042148 (Filed 11/12/04)
Defendant, convicted by guilty plea of murder and aggravated robbery, seeks issuance of a writ of mandamus against circuit court to obtain hearing and ruling in underlying habeas corpus petition.

Deferred

14. SER Gregory Gaines v. Thomas McBride, Warden, No. 042359 (Filed 12/3/04)
Petitioner, convicted by guilty plea to 1-15 years for Nightime Burglary, seeks a writ of habeas corpus, arguing that he has been improperly denied credit for pre-sentence jail time of 163 days.

Refuse as Moot

15. SER Dennis Gene Pauley v. Thomas McBride, Warden, No. 050257 (Filed 2/2/05) 
Defendant, convicted by jury of sexual offenses, seeks issuance of a writ of habeas corpus arguing that his criminal case should be reviewed based upon improprieties in the actions of the investigating officers relating to the taking of his statement and based upon perjured trial testimony by his half brother.

Deferred

16. SER John Anthony Turner v. Thomas McBride, Warden, No. 050305 (Filed 2/9/05) 
Inmate seeks a writ of habeas corpus, alleging improper conditions of confinement at Mount Olive Correctional Center.

Refuse 5 - 0

17. SER Donald Lee Taylor v. WV Board of Parole and Probation, No. 051192 (Filed 2/27/05)
Defendant, convicted by jury of first degree murder and sentenced to life with mercy and five years enhancement for recidivism, seeks issuance of a writ of habeas corpus against the Parole Board arguing that the Board failed to properly review the necessary factors in regard to his case. 

Refuse 4 - 0
(Starcher, J., Disqualified)

18. SER John E. Wood v. Thomas McBride, Warden, No. 051193 (Filed 5/31/05) 
Defendant, convicted by jury of first degree murder and sentenced to Life without Mercy, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel and improprieties by the trial court in the conduct of the underlying criminal trial.

Refuse 4 - 0
(Albright, C. J., Disqualified)

19. SER Thomas Pennington v. Evelyn Seifert, Warden, No. 051326 (Filed 6/14/05)
Defendant, convicted by jury of First Degree Murder and Arson and sentenced to Life with Mercy and a consecutive 1-3 year prison term, seeks issuance of a writ of habeas corpus arguing that he was deprived of his right to appeal his conviction and seeking habeas relief. 

Deferred

20. SER Gary Treadway v. Bill Yurcina, Warden, No. 051605 (Filed 7/25/05) 
Defendant seeks issuance of a writ of habeas corpus, arguing that the Parole Board has improperly denied parole in his case.

Refuse 5 - 0

21. SER Kenneth Stout v. Mark Williamson, Warden, No. 051640 (Filed 7/27/05) 
Defendant, convicted of Malicious Assault and Assault during the Commission of a Felony by guilty plea and sentenced to serve two consecutive 2-10 years in prison, seeks issuance of a writ of habeas corpus, arguing that the Parole Board acted arbitrarily in denying parole.

Refuse 5 - 0

22. SER Anthony Merchant v. John McKay, Warden, No. 051647 (Filed 8/1/05) 
Defendant seeks issuance of a writ of habeas corpus arguing that the Parole Board violated his due process rights by revoking parole following guilty plea held in abeyance by not holding another revocation hearing.

Refuse as Moot

23. SER Ronald Johnson v. Thomas McBride, Warden, No. 051896 (Filed 8/29/05)
Defendant seeks issuance of a writ of habeas corpus arguing that he should receive new counsel in his underlying habeas action pending in circuit court due to ineffective assistance of his counsel.

Refuse 5 - 0

24. SER Tammy Wilson v. West Virginia Board of Probation and Parole, No. 051973 (Filed 9/12/05)
Defendant, sentenced originally to Life Without Mercy with a later change to Life With Mercy as a result of a habeas case and plea agreement, seeks issuance of a writ of habeas corpus against the Parole Board, arguing that the Board arbitrarily and capriciously denied parole and scheduled her next parole hearing for three years later. 

Refuse 5 - 0

25. SER Michael W. Feury v. Thomas McBride, Warden, No. 052047 (Filed 9/19/05)
Defendant, convicted by guilty plea of First Degree Arson and sentenced to 20 years, seeks issuance of a writ of habeas corpus arguing mental competency issues and ineffective assistance of counsel.

Grant 5 - 0
Returnable Below

26. SER Marcus L. Cockerham, et al v. Thomas McBride, Warden, No. 052176 (Filed 9/30/05)
Mt. Olive inmates held in administrative segregation seek issuance of a writ of habeas corpus alleging harsh prison conditions and prevention of access to court. 

Refuse 5 - 0

27. SER Samantha M. Yarber v. James Huppenthal, Admin, No. 052257 (Filed 10/14/05)
Defendant, convicted by guilty plea to Fraudulent Schemes and for Taking the Identity of Another, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel and judicial impropriety.

Refuse 5 - 0

28. SER Bobby Shelton v. WV Bd of Probation and Parole, No. 052390 (Filed 10/20/05)
Defendant, sentenced to 32 years for Aggravated Robbery, seeks issuance of a writ of habeas corpus arguing that the Parole Board violated his constitutional rights by denying parole.

Refuse 5 - 0

29. SER Brandon J. Oliver v. James Rubenstein, Comm. No. 041948 (Filed 10/1/04)
Prisoner seeks mandamus against warden for transfer to Department of Corrections Facility. 

Deferred

30. SER Christopher Stout v. Hon. Jack Alsop, No. 042404 (Filed 11/18/04)
Defendant, convicted of First Degree Murder by guilty plea and sentenced to Life with Mercy, seeks issuance of a writ of mandamus arguing that his court appointed counsel has not filed a habeas corpus petition in the three years since his appointment.

Grant 5 - 0
Unless Sooner Mooted

31. SER Charles F. Prunty v. Hon. Annette Fantasia, Family Court Judge, No. 051200 (Filed 6/1/05)
Inmate seeks mandamus against family court for ruling on petition for modification dealing with contact with minor son and against circuit clerk to docket petition for mandamus against Family Court to act upon the petition for modification. 

Grant 5 - 0
Unless Sooner Mooted

32. SER Barry Thompson v. Jackson County Circuit Court, No. 051248 (Filed 6/7/05) 
Defendant seeks issuance of a writ of mandamus arguing that the family court has not issued a ruling on his motion for default judgment in underlying child support matter.

Refuse as Moot

33. SER Jess Williard White v. Evelyn Seifert, Warden, No. 050374 (Filed 2/17/05)
Defendant, convicted of First Degree Murder and sentenced to Life without Mercy, seeks issuance of a writ of mandamus arguing that the contract medical provider for his facility is wrongfully refusing to advise him of the result of a test for cancer. 

Refuse as Moot

34. SER Roundtree Goodman v. Thomas McBride, Warden, No. 051270 (Filed 6/8/05)
Mt. Olive inmate seeks issuance of mandamus against warden, alleging that he is not being provided with proper mental health care and counseling. 

Refuse 5 - 0

35. SER Ancel Williamson v. Michael Thornsbury, Judge, No. 051292 (Filed 6/8/05)
Prisoner seeks issuance of mandamus, arguing that the circuit court should be required to provide him with requested transcripts, require his attorney to give him his file and to resentence him for purposes of pursuing a federal habeas action. 

Refuse 4 - 0
(Maynard, J., Disqualified)

36. SER Jerry C. Pulley, Jr. v. Thomas McBride, Warden, No. 052121 (Filed 6/21/05)
Prisoner seeks issuance of a writ of mandamus arguing that the warden is improperly calculating his good time credits.

Refuse 5 - 0

37. SER James O’Neal v. Mingo County Circuit Court, No. 051408 (Filed 6/22/05
Defendant seeks issuance of mandamus, arguing that he was denied the right to appeal the denial of his habeas corpus petition. 

Grant 5 - 0
Unless Sooner Mooted

38. SER Glenn Tanner v. Shannon Markle, Administrator, No. 050948 (Filed 4/29/05)
Defendant/Prisoner seeks a writ of habeas corpus arguing that he was convicted by a tainted jury, received ineffective assistance of counsel, and is being denied his right of appeal. 

Refuse as Moot

39. In the Matter of: Leighann T., No. 052073 (Filed 9/28/05)
Mother appeals circuit court order terminating her parental rights, arguing the circuit court erred by considering testimony offered during a January 23, 2004 hearing, of which neither the Mother, nor her counsel was notified; arguing that the circuit court erred by refusing to reconsider its denial of the Mother’s motion for a post-adjudicatory improvement period, which denial was based upon the Mother’s failure to appear and testify during an August 3, 2004 hearing on her motion for an improvement period, even though the Mother clearly and promptly explained that she was physically and psychologically rendered unable to attend the August 3, 2004 hearing as she had given premature birth to a stillborn baby boy during the early morning hours of August 3, 2004; and arguing that the circuit court erred by adopting Findings of Fact that are not supported by the evidence of record. 

Refuse 5 - 0

40. In the Matter of: Isaiah P. and Levi P. , No. 052149 (Filed 9/29/05)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in its finding that the conditions of abuse and neglect could not be substantially corrected in the near future and that the circuit court erred when it did not consider alternatives to termination of parental rights as a disposition.

Refuse 5 - 0

41. State of West Virginia v. Stevie Ray Hughes, No. 051740 (Filed 8/18/05)
The Petitioner seeks an appeal of the circuit court’s order that denied his request for reconsideration of his sentence of not less than 5 nor no more than 15 years for his guilty plea to Felony Incest. He seeks a remand for a hearing on the reconsideration and to vacate the conviction based on ineffective assistance of counsel, or to place the Petitioner on home confinement. 

Refuse 5 - 0

42. State of West Virginia v. Francisco Meza, No. 051807 (Filed 8/23/05)
The Petitioner pled guilty to 3rd offense DUI and requests an appeal of his sentence where he was denied home confinement. He is serving 1-3 years on this conviction.

Refuse 5 - 0

43. State of West Virginia v. Pete Joseph Male, No. 051850 (Filed 8/26/05) 
The Petitioner was convicted by a jury for Battery and Burglary and seeks an appeal of the circuit court’s (February 1, 2005) order that sentenced the Petitioner to serve 8 months for Battery and 1-15 years for Burglary (the sentences run consecutively). The Burglary sentence was suspended and the Petitioner placed on 3 years probation. The Petitioner seeks a reversal of the convictions. 

Refuse 5 - 0

44. State of West Virginia v. Clarence Lee Clark, No. 051883 (Filed 8/31/05) 
Petitioner plead guilty to 4 counts of First Degree Sexual Abuse and seeks an appeal of the circuit court’s (April 14, 2005) order that sentenced him to serve 1-5 years in the State penitentiary to run consecutively on each count. He seeks to have the sentence set aside and to be re-sentenced, or to be allowed to plea again or go to trial. 

Refuse 5 - 0

45. State of West Virginia v. David Ray Bruffy, No. 051884 (Filed 8/31/05)
The Petitioner seeks to appeal the circuit court’s April 18, 2005, order that requires him to pay a $50.00 per month supervision fee upon his release. He seeks a reversal and remand to the circuit court to hold a hearing on his ability to pay.

Refuse 5 - 0

46. Aubrey E. Henry v. Jefferson County Planning Commission, No. 051394 (Filed 6/22/05)
The Petitioner seeks an appeal of the circuits court’s orders that refused the Petitioner’s request for a preliminary injunction and its request for a Writ of Mandamus and/or Prohibition. 

Deferred

47. Dwana A. Gillem v. William M. Watkins, No 051567 (Filed 7/22/05) 
The Petitioner seeks an appeal of the circuit court’s order (June 9, 2005) that granted Summary Judgment for the Respondent and dismissed the Petitioner’s claims with prejudice in her legal malpractice lawsuit. She seeks a reversal of the Summary Judgment and seeks to proceed to a trial. 

Refuse 4 - 0
(Maynard, J., Not Participating)

48. Kevin Funt v. James Rubenstein-Commissioner, No. 051630 (Filed 7/28/05) 
The Petitioner seeks an appeal of the circuit court’s (April 13, 2005) denial of his habeas petition that requested that the Commissioner be required to show cause why he should not be held in contempt for failing to transfer the Petitioner to a Division of Corrections facility, or in the alternative, his release.

Deferred

49. Patricia D. Dulaney v. Carl M. Dulaney, No. 051507 (Filed 7/11/05) 
The Petitioner seeks an appeal of the circuit court’s (December 8, 2004) order that denied his appeal of the family court’s (November 16, 2004) final divorce order. The Petitioner challenges the sum of money that he was required to divide with the Respondent. 

Refuse 5 - 0

50. SER Daniel Payne v. John McKay-Administrator, No. 051517 (Filed 7/11/05)
The Petitioner seeks a Writ of Habeas Corpus to reduce his sentence.

Refuse 5 - 0

51. SER Henry Keith Wykle v. Thomas McBride, Warden, No. 051639 (Filed 7/27/05)
Petitioner seeks a Writ of Habeas Corpus to overturn his conviction on April 9, 1993, for First Degree Murder (without mercy).

Refuse 5 - 0

52. SER Daniel W. Mishow v. Andrew Frye, Judge, No. 051606 (Filed 7/26/05)
The Petitioner seeks a Writ of Mandamus to compel the circuit court to act on his Habeas Corpus petition. 

Refuse as Moot

53. SER Thomas Casey v. Booker R. Stephens, Judge, No 051617 (Filed 7/28/05)
Petitioner seeks a Writ of Mandamus to compel the circuit court to review his habeas corpus petition. 

Refuse 5 - 0

54. SER Sally J. Wilson v. Fayette County Circuit Court, No. 051659 (Filed 8/4/05)
The Petitioner seeks a Writ of Mandamus to compel the circuit court to provide copies of her record so she can file a habeas petition. The Petitioner also seeks a Writ of Habeas Corpus.

Refuse 5 - 0

55. SER John Heath White v. Evelyn Seifert, Warden, No. 051712 (Filed 8/15/05)
The Petitioner advises that he seeks a Writ of Mandamus and a preliminary injunction against the warden so that he can be released from segregation. In the alternative, the Petitioner seeks to be provided more time in the law library without having to wear handcuffs, or to have proper access to legal research and supplies. He also seeks to have the respondent to stop any form of retaliation, to have the warden obey statutes and policies, and the return of $25.70 for legal copies of his motion. 

Refuse 5 - 0

56. SER Eugene Robert Anderson v. George Hill, Judge, No 051769 (Filed 8/18/05) 
The Petitioner seeks a Writ of Mandamus against the circuit judge to reconsider his habeas corpus petition.

Refuse 5 - 0

57. SER Donald Estepp v. Alfred Ferguson, Judge, No. 051852 (Filed 8/29/05)
The Petitioner seeks a Writ of Mandamus to compel the circuit court to rule on his Writ of Habeas Corpus. 

Grant 5 - 0
Unless Sooner Mooted

58. In the Matter of: Kiersten Lynn W., No. 052148 (Filed 9/29/05)
Petitioner/Father seeks an appeal of the circuit court’s (July 19, 2005) order that terminated his parental rights and denied post termination visitation. He seeks a reversal and a remand back to the court to follow this Court’s directives. 

Refuse 5 - 0

59. In the Matter of: Christine Angel Rose Yellow Hawk H. J., No. 052150 (Filed 9/29/05)
Petitioner/Father seeks an appeal of the circuit court’s order (June 29, 2005) that terminated his parental rights and denied his request for a post-adjudicatory improvement period. The Petitioner/Father seeks to have the order terminating parental rights reversed, and a remand to have the child returned, or to grant a post-adjudicatory improvement period. 

Refuse 5 - 0

60. In the Matter of: Christine Angel Rose Yellow Hawk H. J., No. 052151 (Filed 9/29/05)
Petitioner/Mother seeks an appeal of the circuit court’s order (June 29, 2005) that terminated her parental rights and denied her request for a post-adjudicatory improvement period. The Petitioner/Mother seeks to have the order terminating parental rights reversed and to have her parental rights restored. 

Refuse 5 - 0

61. SER Jimmie C. Gardner v. Kanawha County Circuit Court, No. 042402 (Filed 11/22/04)
Defendant seeks issuance of a writ of mandamus arguing for immediate release from incarceration based upon circuit court's failure to hold previously ordered evidentiary habeas corpus hearing dealing with Fred Zain issues. In the alternative he seeks issuance of a writ of habeas corpus requiring a hearing based upon allegations stemming from testimony in his underlying criminal case by Fred Zain. 

Deferred

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