Defendant, convicted by jury of three counts of breaking and entering, possession with intent to deliver, grand larceny, and five counts of conspiracy to commit a felony, appeals circuit court order sentencing him to serve three to twenty-five years in prison, arguing that circuit court erred by failing to dismiss faulty counts of the indictment, by allowing the State to read into evidence a witness’s out-of-court statement to the jury, when the witness was in court to testify and did not clearly claim that the statement was his own, and by denying the defendant’s motion for a new trial.

Pro se Defendant, convicted by guilty plea of one count of embezzlement, appeals circuit court order sentencing her to serve thirty days in jail in addition to a suspended 1-10 year sentence with five years’ probation.

Defendant, convicted of first degree murder and Conspiracy to Commit a Felony and sentenced to Life without Mercy and a consecutive 1-5 years for conspiracy, appeals circuit court order denying his habeas corpus petition without holding an omnibus evidentiary hearing.

 4. SER Luther C. Basham v. Thomas McBride, Warden, No. 040908 (Filed 5/18/04)

Defendant, convicted of two counts of receiving support from the prostitution of a minor and sentenced to life in prison as a recidivist with a concurrent fifteen years, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel, prosecutorial errors, and various errors by trial court in interpreting W.Va. Code Section 61-8-8.

Defendant seeks issuance of a writ of habeas corpus arguing that his conviction was obtained by use of a coerced confession, use of evidence which was illegally seized, and ineffective assistance of his trial counsel.

Defendant seeks issuance of a writ of habeas corpus arguing that prison officials are denying him the right to practice his religion.

Defendant, convicted by guilty plea of first degree murder and serving life with mercy, seeks issuance of a writ of habeas corpus arguing that he was denied equal protection by the action of the WV Parole Board in denying him parole.

Defendant, convicted by guilty plea of armed robbery and grand larceny and sentenced to serve fifty years in prison, seeks issuance of a writ of habeas corpus arguing ineffectiveness of trial counsel.

Defendant, convicted of first degree murder by guilty plea and sentenced to life in prison, seeks issuance of a writ of habeas corpus arguing that his constitutional right to effective assistance of counsel was violated by his habeas counsel’s failure to file an appeal of the circuit court’s denial of his habeas petition and by the circuit court’s failure to issue a final comprehensive order with findings of fact and conclusions of law.

Refuse as Moot

Prisoner seeks issuance of a writ of habeas corpus arguing that prisoner is being held on an incorrect commitment order which incorrectly states that his sentences are to run consecutively rather than concurrently.

Defendant seeks issuance of a writ of habeas corpus arguing violation of his constitutional rights based upon an allegedly undisclosed personal relationship between the presiding judge and the prosecutor.

Defendant seeks issuance of a writ of habeas corpus arguing that there has been "extraordinary dereliction of duty" on the part of the Logan County Circuit Court in failing to rule on an underlying habeas case.

Deferred

Defendant, pro se, incarcerated at Huttonsville for guilty plea to voluntary manslaughter, seeks issuance of a writ of habeas corpus, arguing that the West Virginia Parole Board violated his constitutional rights when it failed to grant him parole.

14. SER Gary Benjamin, et al. v. Jerry Detrick, Warden, No. 041550 (Filed 8/26/04)

Prisoners seek issuance of a writ of habeas corpus arguing improper prison conditions at Potomac Highlands Regional Jail Facility.

 15. SER Bobby LeMasters et al. v. Paul Brady, Jr. Sheriff, No. 041621 (Filed 9/7/04)

Jailed prisoners seek issuance of a writ of habeas corpus challenging living conditions at the Randolph County Jail.

Defendant seeks issuance of a writ of habeas corpus arguing that the prison officials are violating his constitutional rights by censoring the publications that he may receive while incarcerated by posting an approved vendor list for publishers.

Deferred

Defendant seeks issuance of a writ of habeas corpus arguing that he was improperly denied credit for time served while released on bail doing home confinement.

Defendant, convicted by jury of daytime burglary, petit larceny and possession of a firearm by a prohibited person, seeks issuance of a writ of habeas arguing ineffective assistance of counsel.

Defendant seeks issuance of a writ of habeas corpus arguing that prison is violating his constitutional and other legally protected rights by denying him access to college class programs which are limited to those prisoners in the youthful offender age bracket of 18-26 years old, excluding the Defendant from classes which would assist him to be paroled and rehabilitated.

20. SER Elwood Johnson et al. v. Thomas McBride, Warden, No. 041705 (Filed 9/21/04)

Prisoners seeks issuance of a writ of habeas corpus arguing that prison is violating their constitutional rights by maintaining them in an administrative segregation unit.

Deferred

Defendant seeks issuance of a writ of habeas corpus arguing that the circuit court erred in denying certain jury instructions which should entitle him to an additional omnibus hearing.

22. SER Michael Buschur v. Edward Rudloff, Warden, No. 041911 (Filed 10/4/04)

Defendant, convicted by guilty plea of Driving under the Influence and Driving on Suspended, seeks issuance of a writ of habeas arguing that he is not being properly credited with the time he previously served as ordered by the circuit court.

Deferred

Defendant seeks issuance of a writ of habeas corpus arguing that her bond should be reinstated due to error by prosecutor in subpoenaing the wrong branch of her pharmacy and using incorrect evidence to obtain revocation of bond and due to ineffective assistance of her counsel.

Deferred

Defendant seeks issuance of a writ of habeas corpus arguing that he was not sentenced as required by his plea agreement.

Inmates at Western Regional Jail seek issuance of a writ of habeas corpus arguing that as DOC prisoners, they are entitled to rights accorded to DOC prisoners in DOC facilities even though they are housed in a regional jail.

Defendant seeks issuance of a writ of habeas corpus and appointment of counsel, arguing that his sentencing by the circuit court to consecutive, rather than concurrent, sentences following his expulsion from the Anthony Center for behavioral problems violates his initial plea agreement entitling him to void the agreement and have a trial or entitling him to resentencing to concurrent sentences.

Deferred

Mount Olive inmates seek issuance of a writ of habeas corpus arguing that conditions at the QII lockdown unit of the prison violate their constitutional rights and require habeas relief. They move to be treated as a class.

Deferred

Defendant seeks issuance of a writ of habeas corpus arguing that he was unfairly denied parole.

Defendant, convicted by Frazier plea of second degree murder and sentenced to forty years in prison, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel, incompetency to understand guilty plea, and failure to understand his appeal rights.

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

Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to provide him with copies of arrest warrants from his criminal case as requested.

Petitioner seeks issuance of a writ of mandamus against the circuit court to obtain ruling on pending motion for entry of default judgment against West Virginia Department of Health and Human Resources, Bureau of Child Support Enforcement, defendant in the underlying suit filed by Petitioner to obtain return of monies withheld from him in previous years.

Deferred

33. SER Kevin L. Cart v. Hon. Edward Eagloski, Judge, No. 041839 (Filed 9/3/04)

Defendant seeks issuance of a writ of mandamus arguing that circuit court has failed to rule upon his motion for new counsel.

Refuse as Moot

Defendant seeks issuance of a writ of mandamus arguing that the circuit court is ignoring pending motions and depriving him of due process of law.

Refuse as Moot

Defendant seeks issuance of a writ of mandamus arguing that the Family Court has failed to rule upon pending motion for re-hearing regarding visitation issues.

Defendant seeks issuance of a writ of mandamus arguing that circuit court has not held omnibus hearing or entered a final order in his habeas case which was filed in 2002.

Defendant seeks issuance of a writ of mandamus arguing delay by the circuit court in addressing issues raised by his underlying habeas corpus action.

Deferred

Defendant seeks issuance of a writ of mandamus against circuit court arguing delay in ruling on motion for production of documents in underlying habeas corpus case.

Defendant seeks issuance of a writ of mandamus arguing delay by the circuit court in addressing recently filed motions in his underlying habeas corpus case.

Refuse as Moot

Defendant appeals circuit court order denying habeas corpus petition, arguing that the circuit court erred by not finding that Defendant was deprived of his constitutional right to Due Process as a result of the court not granting him credit for time served on two misdemeanors when sentencing him on his felony charges and that the circuit court erred by not finding that Defendant was denied his constitutional right to effective assistance of counsel as a result of trial counsel’s failure to bring to the court’s attention.

Refuse as Moot

Mother in custody case appeals circuit court order denying mother’s appeal of Family Court decision denying her motion to transfer jurisdiction of the custody case to North Carolina where mother and minor child now reside.

Father appeals circuit court order terminating his parental rights to three of his children and ending his physical custody of the oldest child, arguing that the circuit court erred in terminating his parental rights based upon clearly erroneous findings of fact and conclusions of law and in terminating in light of DHHR’s withholding or non-disclosure of the Ohio DHHR referrals.

43. In the Matter of: Joyce O. and Nathan R., No. 042016 (Filed 10/25/04)

Mother appeals circuit court order placing her children in the legal and physical custody of the West Virginia DHHR with visitation subject to the DHHR’s approval.

44. State of West Virginia v. William L. Miller, No. 041403 (Filed 8/4/04)

Petitioner/Defendant appeals the denial of his petition for writ of habeas corpus and motion to dismiss a Governor’s Warrant for extradition to the State of Maryland.

45. State of West Virginia v. David Eugene Munday, No. 041378 (Filed 8/6/04)

Petitioner/Defendant appeals his conviction on multiple counts, alleging multiple errors.

46. State of West Virginia v. Jody Jay Payne, No. 041430 (Filed 8/10/04)

Petitioner/Defendant appeals the denial of his circuit court appeal of a magistrate court conviction. This is an Anders filing.

47. State of West Virginia v. Denzil Delaney, No. 041448 (Filed 8/12/04)

Petitioner/Defendant appeals the denial of his motion for correction of sentence arguing that his sentence is such that he will discharge his sentence before becoming eligible for parole.

48. State of West Virginia v. Angela Cronin, No. 041467 (Filed 8/16/04)

Petitioner/Defendant appeals the revocation of her probation.

49. State of West Virginia v. Timothy W. Smith, No. 041494 (Filed 8/19/04)

Petitioner/Defendant appeals his denial of full credit for time served arguing that his uncounseled and unknowing waiver of the parole violation proceedings resulted in an "interruption" of his credit for time served prior to his guilty plea.

50. W&R, Inc., d/b/a Shockers Lounge v. Mary A. Whiting, No. 041524 (Filed 8/24/04)

Petitioner/Employer appeals decision of the circuit court finding that a former dancer/waitress was an employee rather than an independent contractor.

Deferred

51. In Re: Marie Fishel, an alleged protected person, No. 041566 (Filed 8/30/04)

Petitioner appeals the order of the circuit court denying Petitioner’s husband’s petition to be named her guardian and conservator.

52. David J. Lechiara v. Keith Marple, Magistrate, No. 041981 (Filed 10/21/04)

Petitioner/Defendant seeks issuance of writ of prohibition to prevent the enforcement of a modified jail sentence.

53. Wieslaw Z. Wujtow v. Bonnie B. Wujtow, No. 041398 (Filed 8/3/04)

Petitioner/Husband appeals the denial of his appeal of the final order of the family court, in which he was ordered to pay his ex-wife lifetime alimony and maintain a life insurance policy to her benefit.

54. Ronald R. French, Jr. v. Jennifer L. Schultz, No. 041401 (Filed 8/4/04)

Petitioner/Father appeals order of the family court directing him to pay reimbursement child support and costs associated with a paternity test.

Petitioner/Father appeals the termination of his parental rights arguing that the court and the Department didn’t give him a chance to be reunified with his children.

Petitioner/Father appeals the termination of his parental rights.

Petitioner/Father appeals the termination of his parental rights arguing that there was no evidence that he abused or neglected his child, that he was wrongfully denied two motions for improvement periods, and that the court improperly considered statements made by Petitioner/Father’s daughter.

58. In the Matter of: Jasmine C., No. 041679 (Filed 9/20/04)

Petitioner/Mother appeals the termination of her parental rights arguing that she was wrongfully denied an improvement period, was wrongfully denied a bifurcated dispositional hearing, and was wrongfully found to have abused her daughter.

Petitioner/Mother appeals the termination of her parental rights arguing that she was wrongfully denied an opportunity to demonstrate her parenting skills through the custody of her children.

Petitioner/Mother appeals denial of motion for custody of and unsupervised visitation with her son.

61. SER Eric Morgan v. William Bowman, Administrator of McDowell County Correctional Center, No. 041440 (Filed 8/9/04)

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that his rights have been violated in that prison officials read his outgoing mail and won’t allow him contact with family members during visits.

62. SER Jack Green v. Thomas McBride, Ward of Mount Olive Correctional Center, No. 041484 (Filed 8/18/04)

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that his life is being threatened by fellow inmates.

63. David J. Lechiara v. Thomas A. Bedell, Judge, No. 041540 (Filed 8/16/04)

Petitioner/Defendant seeks issuance of writ of prohibition to prevent the enforcement of a modified jail sentence.

64. SER James G. Hayden v. William Haines, Warden of Huttonsville Correctional Center, No. 041582 (Filed 8/31/04)

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that he was wrongfully denied parole.

65. SER Roger L. Rowe v. Lawrence Lewis, No. 041595 (Filed 8/18/04)

Petitioner seeks issuance of mandamus to compel the Lawyer Disciplinary Counsel, the State Bar, and the Attorney General to prosecute Petitioner’s complaint against his lawyer.

66. SER Thomas T. Page v. Tom B. Scott, Administrator of Southwestern Regional Jail, No. 041622 (Filed 9/7/04)

Petitioner/Inmate seeks the issuance of a writ of habeas corpus arguing that he received an unduly harsh sentence of prison time given that two other people arrested with him were ordered to drug rehabilitation.

67. SER Bruce G. Thomas v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 041643 (Filed 9/10/04)

Petitioner/Inmate seeks the issuance of a writ of habeas corpus arguing that the Clerk of the Supreme Court arbitrarily refused to file a petition for rehearing of an appeal filed by Petitioner/Inmate.

68. SER James Edward Watson v. Mark Williamson, Warden of Denmar Correctional Center, No. 041674 (Filed 9/17/04)

Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that he has been denied credit for time served. 

Deferred

69. SER Donald C. Stout v. Robert Holland, Judge, No. 032863 (Filed 12/22/03)

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Circuit Court of Doddridge County to take action in Petitioner/Inmate’s petition for writ of habeas corpus, which was filed below in March of 1999.

Deferred