1.  State of West Virginia v. William D. “Herkie” Lonon, No. 062520 (Filed 9/15/06)
Defendant, convicted of Malicious Assault and second Recidivist charge by Alford plea appeals circuit court order sentencing him to serve 4-10 years in prison. - Refuse 5- 0

2.  State of West Virginia v. Donald Lee Baker, No. 062543 (Filed 9/19/06) 
Defendant, convicted of Voluntary Manslaughter by jury with special interrogatory finding that it was committed with a firearm, appeals circuit court order sentencing him to serve 15 years in prison, arguing gruesome photographs were improperly admitted at trial and that the circuit court improperly denied motions for acquittal and for new trial. - Refuse 5- 0

3.  Patricia O’Dell v. John Taylor, M.D., No. 061204 (Filed 5/4/06)
Plaintiff in medical malpractice suit appeals circuit court order granting summary judgment
to defendant surgeon, arguing that genuine issues of material fact existed as to whether the Plaintiff received a proper informed consent to the specific surgical procedure she underwent and whether she reasonably believed that she was receiving a different surgical procedure.  - Refuse 5- 0

4.  Sally Black, Exec. of Estate of Charles A. Black et al. v. CSX Transportation, Inc., No. 062459 (Filed 9/11/06)
Plaintiff, wife/executor of deceased railroad worker’s estate in case involving allegations of asbestos induced colon cancer, appeals circuit court order entering judgment for defendant railroad based upon defense verdict following trial.  - Grant 4-1 (Benjamin, J.)

5.  Gerald Wayne Davis v. William Haines, Warden, No. 062577 (Filed 9/21/06)
Habeas petitioner, convicted by jury of Attempted Sexual Assault in the Second Degree and Burglary and sentenced to serve consecutive sentences, appeals circuit court order denying his petition for writ of habeas corpus following omnibus hearing. - Refuse 5- 0

6.  Calvin G. Gray v. Thomas McBride, Warden, No. 062641 (Filed 10/3/06)
Defendant, convicted by jury of First Degree Murder and sentenced to Life without Mercy, appeals circuit court order denying habeas petition raising Zain III issues. - Grant 5- 0

7.  SER Keith Dement v. Stevens Correctional Center, No. 061685 (Filed 6/16/06)
Defendant seeks issuance of a writ of habeas corpus arguing that the circuit court is improperly denying his motions for reduction of sentence and raising issue regarding facility’s failure to provide needed medication for his eye condition. - Refuse 5- 0

8.  SER Marcus L. Cockerham v. Thomas McBride, Warden, No. 062521 (Filed 9/15/06)
Defendant, convicted by guilty plea of First Degree Murder and sentenced to Life without Mercy, seeks issuance of a writ of habeas corpus, alleging that he was incorrectly sentenced to Life without Mercy. - Refuse 5- 0

9.  SER Billy J. Jarrell, Jr. v. Hon. Eric O’Briant, No. 062638 (Filed 9/29/06)
Defendant seeks issuance of a writ of mandamus arguing that circuit court has failed to act in a timely fashion upon his pending petition for writ of habeas corpus. - Deferred

10.  SER Danny Goodman v. Hon. Rudolph Murensky, No. 061455 (Filed 5/25/06)
Defendant seeks issuance of a writ of mandamus to order circuit court to rule on his Rule 35 motion for reconsideration based on newly-discovered evidence of ineffective assistance of counsel and conflict of interest. - Moot

11.  SER Danny Goodman v. Hon. Rudolph Murensky, No. 061553 (Filed 6/12/06)
Petitioner seeks issuance of a writ of mandamus against circuit court to act on his petition for writ of habeas corpus filed in 2002. - Moot

12.  SER Hudson E. Nicholes v. James Rubenstein, DOC Commissioner, No. 061810 (Filed 6/28/06)
Huttonsville inmate, serving 1-15 years for Delivery of Crack Cocaine, seeks mandamus against DOC Commissioner based upon refusal of DOC to grant him good time credit. - Refuse 5- 0

13.  SER John A. Scites, Jr. v. Jay Hoke, Judge, No. 062149 (Filed 8/7/06)
Defendant whose direct criminal appeal of his conviction of Second Degree Sexual Assault was granted by this Court and remanded for consideration of error by circuit court, seeks issuance of a writ of mandamus against circuit court to enter a final ruling on the issue remanded by this Court.- Deferred

14.  SER Craig A. Persinger v. James Rubenstein, Commissioner, No. 062241 (Filed 8/10/06)
Regional jail inmate seeks issuance of a writ of mandamus against the Department of Corrections arguing that he is sentenced to the Department of Corrections, yet being improperly held in a Regional Jail facility. - Refuse 5- 0

15.  SER Thomas Spiral Talbert v. Hon. Alfred Ferguson, No. 062274 (Filed 8/17/06)
Defendant, convicted by jury of DUI, seeks issuance of a writ of mandamus arguing that he wants circuit court or his former attorney to provide him with copies of his criminal file documents. - Refuse 5- 0

16.  SER Bruce Edward Marcum v. Hon. Alfred Ferguson, No. 062288 (Filed 8/17/06)
Defendant seeks issuance of a writ of mandamus arguing that circuit court has not ruled upon pending motion to withdraw Alford plea. - Moot

17.  SER Michael B. Jarvis v. James Rubenstein, DOC Commissioner, No. 062308 
(Filed 8/22/06)
Regional jail inmate seeks issuance of a writ of mandamus against the Department of Corrections arguing that he is sentenced to the Department of Corrections, yet being improperly held in a Regional Jail facility. - Refuse 5- 0

18.  SER Bruce A. Davidson v. Hon. Thomas Keadle, No. 062659 (Filed 10/5/06)
Defendant seeks issuance of a writ of mandamus arguing that he has been denied his right to a direct criminal appeal. - Refuse 5- 0

19.  SER Kenneth Spears v. Hon. Lee Schlaegel, Jr. No. 062724 (Filed 10/16/06)
Defendant seeks issuance of a writ of mandamus arguing that circuit court has failed to rule upon habeas petition filed seven months ago. - Moot

20.  In the Matter of: Mary J. G., No. 062528 (Father’s Petition) (Filed 9/18/06)
Father appeals circuit court order terminating his parental rights. - Refuse 5- 0

21.  In the Matter of: Mary J. G., No. 062529 (Mother’s Petition) (Filed 9/18/06)
Mother appeals circuit court order terminating her parental rights. - Refuse 5- 0

22.  In the Matter of: Joseph Lee S., No. 062596 (Filed 9/22/06) 
Mother appeals circuit court order terminating her parental rights. - Refuse 5- 0

23.  State of West Virginia v. Robert James Duke, No. 062126 (Filed 8/3/06) 
The Petitioner seeks an appeal of the circuit court’s (February 6, 2006) denial of his post-trial motions after his jury conviction for Use of Obscene Matter with the Intent to Seduce a Minor. He seeks a reversal. - Refuse 5- 0

24.  In Re: Justin Franklin H., No. 062348 (Filed 8/30/06) 
The juvenile Petitioner seeks an appeal of the circuit court’s (May 10, 2006) order that placed him in a Level II residential treatment facility pending further hearings. He seeks a return to his home, or a remand for further proceedings. - Refuse 5- 0

25.  Ralph Thomas Wells v. Thomas McBride, Warden, No. 061472 (Filed 6/2/06)
The Petitioner seeks an appeal of the circuit court’s (January 20, 2006) order that denied his habeas petition. - Refuse 5- 0

26.  Lanora F. Bunch v. Glen Roberts, Executor of Emma Roberts, No. 061883 (Filed 7/10/06)
The Petitioner seeks an appeal of the circuit court’s (May 10, 2006) order that granted the Defendant’s motion to dismiss the Petitioner’s civil action that was brought as a result of a vehicle accident. Petitioner seeks a reversal of that decision. - Refuse 5- 0

27.  Ricky L. Daniels v. William Haines, Warden, No. 062206 (Filed 8/11/06) 
The Petitioner seeks an appeal of the circuit court’s (February 3, 2005) denial of his habeas petition. He seeks a remand for further proceedings. - Refuse 5- 0

28.   Paula O. Earliwine v. WV Div. of Highways & Prudential Property, No. 062265 (Filed 8/18/06)
The Petitioner seeks an appeal of the circuit court’s (April 14, 2006) order that granted summary judgment for the Respondent and denied the Petitioner’s motion for summary judgment. Petitioner requests that this Court grant the petition and find that the $300,000 “each accident” limits of the policy should apply for the wrongful death action. - Refuse 5- 0

29.  Harry E. Walkup, Jr. v. William Haines, Warden No. 062150 (Filed 8/3/06)
The Petitioner seeks habeas relief after his denial of parole by the Parole Board in June, 2004, 2005, and 2006. - Refuse 3- 2 (Starcher, J., Albright, J.)

30.  SER Rodney Mitchell v. E.I. Wensell, Administrator, No. 062286 (Filed 8/16/06) 
The Petitioner seeks habeas relief after his guilty plea to attempt to commit a felony (first degree murder). He claims ineffective assistance of counsel and other errors. He seeks appointment of counsel and release on an appeal bond. - Refuse 5- 0

31.  SER Jerry Key v. William R. Sharpe Hospital, No. 062284 (Filed 8/18/06)
The Petitioner seeks habeas relief from his commitment at William Sharpe Hospital. - Refuse 5- 0

32.  SER Kevin Lee Patton v. Thomas McBride, Warden, No. 062285 (Filed 8/18/06)
The Petitioner seeks habeas relief challenging his conviction on two counts of first degree sexual assault of a nine-year-old child. - Refuse 5- 0

33.  SER Charles Falcone v. Ohio County Circuit Court, No. 061349 (Filed 5/16/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to act on his habeas petition. - Moot

34.  SER James F. Pipes v. Berkeley County Circuit Court, No. 061581 (Filed 6/13/06)
The Petitioner seeks a mandamus requiring the circuit court to take action on his motions and to have a habeas hearing. He requests that an out of state attorney be appointed or one not in the Eastern Panhandle. - Deferred

35.  SER Hubert Lusk v. Ritchie County Circuit Court, No. 061847 (Filed 7/5/06)
The Petitioner seeks a mandamus to compel the circuit court to take action on his habeas petition. - Moot

36.  SER Phillip Reese Bush v. Circuit Court of Ohio County, No. 062273 (Filed 8/18/06)
The Petitioner seeks a mandamus requiring the circuit court to take action on his petition. - Deferred

37.  SER Roundtree Goodman v. John W. Hatcher, Judge, No. 062104 (Filed 8/25/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to take action on his habeas petition. - Grant 5 - 0 Unless Sooner Mooted

38.  SER Warren Wamsley v. Jack Alsop, Judge, No. 062361 (Filed 8/31/06) 
The Petitioner seeks a writ of mandamus to compel the circuit court to hold a hearing on the supplemental pleading and for his habeas case to be put back on the active docket. - Moot 

39.  SER Harvey Patrick Short v. Kanawha County Circuit Court, No. 062363 (Filed 8/31/06)
The Petitioner seeks a writ of mandamus and prohibition to prevent his trial. He seeks appointment of new counsel, to be allowed to file motions, a bond reduction, equal protection, and the prosecutor’s BAR application. - Refuse 5- 0

40.  In the Matter of: Brittany H., No. 062223 (Filed 8/14/06) 
The Petitioner/Mother seeks an appeal of the circuit court’s (May 12, 2006) order that changed the child’s designated residential parent form the mother to the father after an abuse and neglect case was brought by the father. The Petitioner seeks a reversal of the order and custody of the child. - Refuse 5- 0

41.  In the Matter of: Rebecca K. And Cassidy K., No. 062250 (Filed 8/16/06) 
The Petitioner/Father seeks an appeal of the circuit court’s (January 3, 2006) order that terminated his parental rights. He seeks a reversal and reinstatement of parental rights. - Refuse 5- 0

42.  In the Matter of: Branson, Brython & Brennan G., No. 062261 (Filed 8/17/06) 
The Petitioner/Father seeks an appeal of the circuit court’s (April 27, 2006) order that terminated his parental rights to his two sons and that granted him post termination visitation with them. The court also denied post-termination visitation with a third child where the Petitioner was not the biological father. He seeks custody of his two children. - Refuse 5- 0

43.  In the Matter of: Branson, Brython & Brennan G., No. 062262 (Filed 8/17/06) 
The Petitioner/Mother seeks an appeal of the circuit court’s (April 27, 2006) order that separated the children and denied the mother custody of Branson G. She seeks custody of Branson. - Refuse 5- 0

44.  In the Matter of: Dustin R.; Dillon R.; & Donavan R., No. 062269 (Filed 8/18/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (April 17, 2006) order that terminated her parental rights. She seeks a reversal of the decision. - Refuse 5- 0

45.  In the Matter of: Rayne W., No. 062327 (Filed 8/25/06)
The Petitioner/Father seeks an appeal of the circuit court’s (June 14, 2006) order that terminated his parental rights. He seeks a reversal. - Refuse 5- 0

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