WRIT CONFERENCE
   
THURSDAY, NOVEMBER 30, 2000

  1. In the Matter of Nicholas H., No. 002554 (filed 11/14/00).

Mother appeals the termination of parental rights.

2.In the Matter of Dallas C. and Tyler C., No. 002430 (filed 10/24/00).

Mother appeals the termination of her parental rights.

3. In the Interest of Daisey, Stuart, Shianna, Matthaw, No. 002546 (filed 10/31/00).

Mother appeals the termination of her parental rights.

4. In the Interest of  Mary  S., No. 002333 (filed 11/2/00).

Mother appeals the placement of her autistic daughter in a foster home.

5. In the Matter of H. Brittany H. And Kayla H, No.002564 (filed 11/9/00).

Mother appeals the termination of her parental rights.

6. SER Christopher Freeman v. Ron Watkins-Sheriff, No. 002055 (filed 9/6/00).

Freeman, pro se, seeks a writ of habeas corpus asserting the following grounds: (1) involuntary guilty plea; (2) the prosecution failed to disclose favorable evidence to defendant; (3) Denial of effective assistance of counsel; (4) Denial of the right to appeal.

7. SER State ex rel. Kenneth Lee Cooper v. Howard Painter, No. 002056 (filed 9/5/00).

Copper, pro se, seeks a writ of habeas corpus alleging the following assignments of error: (1) denial of the right to a fair trial and due process, and (2) ineffective assistance of counsel.

 8. SER Jimmy Berry v. Tom B. Scott-Administrator, No. 002057 (filed 9/5/00).

Berry, pro se, seeks a writ of habeas corpus alleging (1) denial of effective assistance of counsel and (2) denial of court transcripts.

9. SER Raymond Housden v. William Haines, No. 002066 (filed 9/8/00).

Housden, pro se, seeks a writ of habeas corpus alleging the following grounds: (1) Ineffective assistance of counsel; (2) violation of double jeopardy clause; (3) asserts that he should not have been sentenced under the Recidivist Statute; (4) the state and the trial court failed to explain the Habitual Recidivist Information Act to him.

10. Joel S. Lopez v. James Spencer-Administrator, No. 002046 (filed 7/10/00).

Lopez, pro se, seeks a writ of habeas corpus alleging that his Parole Eligibility Date and Minimum Discharge Date should have been changed, and requests copies of court transcripts.

11. SER Kenneth E. Chance v. Howard Painter-Warden, No. 002590 (filed 10/13/00).

Chance, pro se, filed a writ of habeas corpus alleging that officials at Mt. Olive Correctional Center are denying him numerous constitutional rights, and alleges that the newly enacted WV Prison Litigation Reform Act is unconstitutional.

12. SER Thomas Douglas v. William Haines-Warden, No. 002186 (filed 9/25/00).

Thomas, pro se, seeks a writ of habeas corpus alleging that he is entitled to have 145 days trustee time credited to his sentence pursuant to W.Va. Code 17-15-4.

13. SER Dock Estep v. William Haines-Warden, No. 002143 (filed 9/14/00).

Estep, pro se, seeks a writ of habeas corpus alleging that (1) his conviction is illegal; (2) ineffective assistance of counsel because his attorney failed to (a) call any material witnesses, (b) failed to introduce exculpatory exhibits, (c) failed to allow Estep to testify , (d) failed to explain to him the consequences of pleading guilty, (3) the prosecuting attorney introduced perjured and incompetent testimony, (4) the trial judge and Estep’s attorney failed to inform Estep of the ramifications of his plea agreement and his attorney failed to ensure that Estep’s guilty plea was voluntary, (5) his trial attorney and the trial judge coerced Estep into taking the guilty plea, and his attorney failed to call any potential witnesses.

14. SER Gary J. Moffa v. Ron Watkins-Sheriff, No. 002116 (filed 9/13/00).

Moffa, pro se, seeks a writ of habeas corpus alleging the following assignments of error: (1) involuntary guilty plea; (2) conviction obtained by the use of a coerced confession; (3) conviction obtained in violation of the privilege against self-incrimination; (4) denial of effective assistance of counsel; (5) denial of the right to appeal.

15. SER David Mott v. Kanawha County Circuit Court , No. 001817 (filed 8/7/00).

Mott, pro se, filed a petition for a writ of mandamus seeking compel the Kanawha County Circuit Court to procure copies of his trial transcripts.

16. SER Jimmie M. Williams v. Nicholas County Circuit Court, No. 001838 (filed 8/16/00).

Williams, pro se, seeks a writ of mandamus to compel the Nicholas County Circuit Court to rule on his Rule 35 Motion for Reconsideration of his sentence, which has been pending for six months.

17. SER Kenneth E. Bennett v. Upshur County Circuit Court, No. 002573 (filed 11/1/00).

Bennett, pro se, seeks copies of discovery documents from the Upshur County Circuit Court, the Prosecuting Attorney and Magistrate Court for the following cases (1) 98-F-66, 98-M-475, and 98-F-34.

18. SER Donald Watter Myers v. Morgan County Circuit Court, No. 002172 (filed 9/22/00).

Myers, pro se, seeks a writ of mandamus seeking to compel the Morgan County Circuit Court to provide him with copies of transcripts.

19. SER Kenneth I. Adkins v. Logan County Circuit Court, No. 002136 (filed 9/18/00).

Adkins, pro se, seeks a writ of mandamus to compel the Logan County Circuit Court to issue a ruling on his writ of habeas corpus, filed on 5/13/99.

20. SER Larry Dean v. Howard Painter-Warden, No. 002173 (filed 9/22/00).

Dean, pro se, seeks a writ of mandamus seeking to compel the Division of Corrections to restore two years of good time to his sentence.

21. SER John McLaurin v. A. Andrew MacQueen-Judge, No. 002094 (filed 9/11/00).

McLaurin, pro se, seeks a writ of mandamus seeking to compel Judge MacQueen to recuse himself, rule on his motion for appointment of counsel, rule on his motion for discovery and rule on his motion for an omnibus evidentiary hearing.

22. SER Esker McCauley v. Barbour County Circuit Court , No. 002059 (filed 9/8/00).

McCauley, pro se, seeks a writ of mandamus seeking to compel the Barbour County Circuit Court to provide him with copies of various legal documents.

23.SER James G. Arnold v. Berkeley County Circuit Court, No. 002062 (filed 9/5/00).

Arnold, pro se, seeks a writ of mandamus seeking copies of several W.Va. Code provisions, transcripts, and forms necessary to obtain transcripts.

24.SER Henry H. Dinger, II v. William Fox-Warden, No. 001869 (filed 8/21/00).

Dinger, pro se, seeks a writ of habeas corpus and alleges the following assignments of error: (1) Respondent imposed an illegal sentence upon petitioner, and is therefore unlawfully restraining the petitioner in violation of Due Process and Equal Protection; (2) Respondent failed to duly caution petitioner of an enhanced penalty; and (3) Respondent failed to comply with the Recidivist Statute.

25. SER Eric R. Woodson v. Ron Watkins-Sheriff, No. 001868 (filed 8/17/00).

Woodson, pro se, seeks a writ of habeas corpus alleging the following assignments of error: (1) conviction was obtained by the use of a coerced confession; (2) denial of effective assistance of counsel; and (3) Woodson’s attorney failed to disclose favorable evidence favorable to the court.

26. In the Matter of: Amber & Aaron H., No. 002399 (filed 10-18-00).

Maternal Grandmother appeals the circuit court order denying her motion for custody and/or adoption of her two grandchildren.

27. In the Matter of: Ethan W., No. 002410 (filed 10-24-00) (related to case 002414).

Maternal Grandparents appeal the circuit court order denying them visitation with their
grandchildren.

28. In the Matter of: Ethan W., No. 002414 (filed 10-24-00) (related to case 002410).

Mother appeals the circuit court order terminating her parental rights.

29. In the Matter of: Snow C., No. 002557 (filed 10-26-00).

William Sprankle appeals the circuit court order finding him to be the biological father of Snow C.

30. In the Matter of: Melissa J., No. 002560 (filed 11-9-00).

Father appeals the circuit court order terminating his parental rights.

31. In Re: Petition of James E. R. and Debra R. in the Adoption of Baby Kyra Michelle Y., No. 002594 (filed 11-8-00).

Father appeals the circuit court order terminating his parental rights and granting the child’s step-father’s petition to adopt her.

32. State of W.Va. v. Harry Pugh, No. 001919 (filed 8-23-00).

Pugh appeals his sentence of 12 months with a fine of $500.00 for his conviction of Battery, claiming that the court erred in sentencing Pugh to the maximum available punishment when the battery committed was not of an extreme nature.

33. State of W.Va. v. James M. Hayes, Jr., No. 001942 (filed 8-24-00).

Michael Hayes appeals his conviction on one count of Conspiracy to Commit Nighttime Burglary, claiming that the court erred in that the evidence was insufficient to support the verdict of guilty.

34. Morgantown Tennis Club, Inc., d/b/a Fred Wyant’s Racquet & Health Club v. John Vineyard, d/b/a Reliable Contractors, No. 001811 (filed 8-11-00).

Morgantown Tennis Club (MTC)appeals the circuit court order denying their Motion to Amend their complaint in a suit for unfair claim settlement practices against Vineyard which arose from an underlying tort claim by MTC against Vineyard for property damage.

35. Lucille Lewis, Administratrix v. Mountain Bulk Services, Inc., et al., No. 001836 (filed 8-16-00).

Lucille Lewis, W.J. Lewis and Mark Lewis file an appeal of the order of Circuit Court of Jackson County distributing the award in a wrongful death action equally between the decedent’s two surviving children and failing to distribute any portion of the award to the decedent’s mother, Lucille Lewis; his father, W.J. Lewis; or his brother, Mark Lewis. Lucille Lewis is the Administratrix of the decedent’s estate but does not appeal in her capacity as Administratrix. The petitioners claim that the court erred in failing to distribute the award according to the mandate of W.Va. Code § 55-7-6(b).

36. John Shannon v. Brian Wood, Magistrate, No. 001924 (filed 8-23-00).

Shannon appeals the circuit court order denying his petition for a Wit of Prohibition seeking to prevent Brian Wood, Magistrate from proceeding with a bench trial of the pending misdemeanor criminal charges against Shannon. Shannon claims that the circuit court erred in denying the writ of prohibition because although Shannon did receive notice that he had 20 days to request a jury trial, during that same twenty day period, he received notice from the same source that he could request a jury trial up to seven days before a scheduled hearing.

37.In Re: Gary C., Adrian C., and Kayla W., No. 002235 (filed 10/4/00).

Barbara C. appeals the termination of her parental rights.

38.In Re: Gary C., Adrian C., and Kayla W., No. 002238 (filed 10/4/00).

Gary C. appeals the termination of his parental rights.

39.In Re: Gary C., Adrian C., and Kayla W., No. 002610 (filed 11/14/00).

Robert S. appeals the termination of his parental rights.

40.In Re: Edward B., John F., David F., George F., and Benny J., No. 002090 (filed 9/12/00).

Mother appeals the termination of her parental rights

41.In Re: Carl W. III, No. 002372 (filed 10/13/00).

Carl W. appeals an order requiring him to pay child support.

42.In Re: Brian D., No. 002339 (filed 10/17/00).

Father appeals the termination of his parental rights.

43.In Re: James W., Steven W., and Jamie W., No. 002404 (filed 10/20/00).

Mother appeals the termination of her parental rights.

44.In Re: Jennifer W., Hazel W., and Mary W., No. 002561 (filed 11/3/00).

Mother appeals the termination of her parental rights.

45.State v. Darlene Coleman, No. 001863 (filed 8/21/00).

Coleman appeals her conviction for 16 counts of sexual offenses.

46.State v. Joseph Beegle, No. 002099 (filed 9/13/00).

Beegle appeals his conviction for aggravated robbery. He was sentenced to 22 years in prison.

47.State v. Daniel Fisher, No. 001478 (filed 7/10/00).

Fisher appeals his conviction for manufacturing a controlled substance.

48.Michael Moore v. Howard Painter, Warden, No. 001502 (filed 7/11/00).

Moore appeals the denial of habeas relief below.