Writ Conference

Wednesday, November 5 , 2008
(Rescheduled from October 30, 2008)

Defendant, convicted of Felony Destruction of Property by jury, appeals circuit court order sentencing him to serve 1-10 years, arguing that the lower court erred when it allowed the jury selection process to proceed when one juror ball was not available for selection and later adding additional jurors’ selection balls to the process even though they arrived late for the jury selection process.

2. Cardinal Air v. Eastern WV Regional Airport Authority, No. 081569 (Filed 8/1/08)

Plaintiff appeals circuit court order granting defendants’ motions to dismiss Plaintiff’s declaratory judgment action based upon res judicata arising as a result of a final judgment of the U.S. District Court for the Northern District of WV.

3. SER Jimmy Dale Cearley v. John McKay, Admin., No. 081456 (Filed 6/16/08)

Defendant seeks issuance of a writ of habeas corpus, arguing that he has been deprived of his right to appeal.

4. SER Herman Catlett v. David Ballard, Warden, No. 081551 (Filed 7/29/08)

Petitioner, convicted of First Degree Murder by jury and sentenced to Life without Mercy, seeks habeas relief.

Defendant seeks issuance of a writ of habeas corpus arguing that he has been deprived of his right to appeal his convictions.

Defendant seeks issuance of a writ of habeas corpus arguing violation of Speedy Trial rights.

Returnable Below

Defendant seeks issuance of a writ of habeas corpus arguing that facility will not allow his daughter to obtain prescription glasses for him.

8. SER James Bradshaw v. E. I . Wensell, Admin., No. 081906 (Filed 9/25/08)

Defendant seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel and violation of Speedy Trial rights.

Returnable Below

Defendant, pro se, seeks issuance of a writ of habeas corpus arguing that he should receive concurrent sentencing.

Defendant seeks issuance of a writ of mandamus arguing he has not received proper habeas consideration in multiple counties.

Deferred

Defendant seeks issuance of a writ of mandamus arguing failure to rule upon his pending motion for production of habeas file documents.

Moot

Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to rule upon pending motions in his underlying habeas corpus petition.

Defendant seeks issuance of a writ of mandamus compelling the circuit court to send him the record in his criminal action below, arguing that his counsel failed to notify the Petitioner his appeal was denied denying Petitioner his right to file writ of certiorari.

Moot

Prisoner housed in a Regional Jail seeks issuance of a writ of mandamus against Department of Corrections for transfer to a DOC facility arguing that regional jail where he is held is not providing sufficient rehab services and other accommodations.

Pro se Petitioner seeks issuance of a writ of mandamus to compel the circuit court to rule on his habeas petition filed in January of 2008.

Father appeals circuit court order terminating his parental rights.

Mother appeals circuit court order terminating her parental rights.

18. In the Matter of: Devon Glenn O. and Leo O., No. 081695 (Filed 8/25/08)

Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in denying his motion for a post-adjudicatory improvement period.

Mother appeals termination of her parental rights.

Mother appeals circuit court order terminating her parental rights.

21. In the Matter of: Autumn Music R., No. 081774 (Filed 9/4/08)

Mother appeals circuit court terminating her parental rights.

22. In the Matter of: Emma W. and Ava. G., No. 081796 (Filed 9/8/08)

Father appeals circuit court order terminating his parental rights.

Stepfather appeals circuit court order terminating his custodial rights to stepchildren.

Mother appeals circuit court order terminating her parental rights.

25. State of West Virginia v. Edward E. Mitchell, No. 081239 (Filed 6/5/08)

Petitioner appeals his conviction on two counts of sexual assault in the first degree; two counts of sexual abuse in the first degree; three counts of sexual abuse by parent, custodian, or guardian; and two counts of incest.

26. State of West Virginia v. Bobby Joe Evans, No. 081537 (Filed 7/29/08)

Petitioner appeals his sentence to two consecutive life terms in prison as a recidivist following his guilty plea to two counts of obtaining money by false pretenses.

27. State of West Virginia v. Justin Keith Whisman, No. 081618 (Filed 8/11/08)

Petitioner appeals his sentence following his guilty plea to second degree robbery, arguing that the five- to eighteen-year sentence was cruel and unusual.

28. Kathy Egnor v. Shirley Armstead, No. 081442 (Filed 7/14/08)

Petitioner appeals the dismissal of her personal injury action against Respondent Armstead for failure to timely file, arguing that the "saving" statute was applicable to her complaint.

Petitioner appeals the denial of his petition for writ of habeas corpus.

30. SER Darl Alt v. William Fox, Warden, No. 081714 (Filed 8/12/08)

Petitioner seeks the issuance of a writ of mandamus compelling the Warden to dismiss the rules infraction charge against Petitioner and to expunge his record of the finding of guilt.

Petitioner seeks the issuance of a writ of habeas corpus, arguing that his right to appeal has been denied due to ineffective assistance of counsel and that the lower court abused its discretion in denying his Motion to Terminate Counsel.

Grant 5 - 0

32. SER Johnny Ray Miller v. David Ballard, Warden, No. 081552 (Filed 7/29/08)

Petitioner seeks the issuance of a writ of mandamus to order DNA testing by an independent lab on certain hair evidence presented at his murder trial.

Petitioner/Father appeals the termination of his parental rights

34. In the Matter of: Christopher P., Christian S., and Conner S., No. 081525 (Filed 7/28/08)

Petitioner/Mother appeals the termination of her parental rights.

Petitioner/Mother appeals the termination of her parental rights as well as the denial of her motion to dismiss.

36. In the Matter of Christina F. and Jacquelyn F., No. 081601 (Filed 8/6/08)

Petitioner/Mother appeals the termination of her parental rights, arguing that she should have been given a less drastic alternative disposition.

Petitioner/Mother and the Guardian ad litem jointly appeal the court’s failure to terminate Respondent/Father’s parental rights.

Petitioner/Mother appeals the termination of her parental rights.

Petitioner/Mother appeals the termination of her parental rights.