1. SER David Skundor v. WV Division of Corrections, No. 040045 (Filed 1/16/04)
Defendant seeks issuance of a writ of mandamus arguing that DOC is improperly calculating the sentences of its inmates including Defendant.

Refuse 5-0

2. SER Judy D. Parks v. Gregory Burton, Workers’ Compensation Commissioner, No. 040215 (Filed 1/26/04)
Workers’ Compensation Claimant seeks issuance of a writ of mandamus against the Workers’ Compensation Commissioner arguing that there has been a failure to pay mandated medical bills on her behalf.

Deferred

3. SER Gerald Wayne Davis v. Hon. Paul Zakaib, Judge, No. 040443 (Filed 2/26/04)
Defendant seeks issuance of writ of mandamus against circuit court to compel compliance with order of WVSCA to enter a new final order with findings of fact and conclusions of law in regard to his underlying petition for writ of habeas corpus. 

Grant  4-1
(McGraw, J.) 
(Unless Sooner Mooted)

4. SER Stanford Tony Allen, Jr. v. Hon. Booker T. Stephens, Judge, No. 040539
(Filed 3/15/04)
Defendant seeks issuance of a writ of mandamus arguing that circuit court has failed to act upon the petition for habeas corpus relief filed below.

Deferred

 5. SER Jerry Lee Hess v. Hon. Christopher Wilkes, No. 040895 (Filed 4/23/04)
Defendant seeks issuance of a writ of mandamus against circuit court arguing that circuit court is taking no action on his underlying habeas corpus petition. 

Refuse 5-0
Moot

6. SER Harry Walkup, Jr. v. William Haines, Warden, No. 040885 (Filed 5/10/04)
Defendant convicted of arson and related offenses seeks issuance of a writ of mandamus arguing that no evidentiary hearing has been held despite issuance of order from this Court requiring circuit court to hold omnibus hearing and appoint counsel.

Refuse 5-0

 7. SER Justin K. Black v. Cabell County Circuit Court and Hon. Dan O’Hanlon, No. 040891 (Filed 5/14/04)
Defendant seeks issuance of a writ of mandamus to obtain unspecified records and to prevent the circuit court from blocking his access to court.

Refuse 5-0

8. SER Robert E. Daily v. Hon. Mike Kelly, Family Court Judge, No. 041118 (Filed 6/17/04)
Family Court litigant seeks issuance of a writ of mandamus against Family Court Judge arguing improper denial of records sought by litigant in regard to his divorce action.

Deferred

 9. SER BeLinda Powers v. West Virginia Dept. of Corrections, No. 041310 (Filed 6/28/04)
Prisoner seeks issuance of a writ of mandamus against the Department of Corrections arguing that she is unfairly deprived of good time credit.

Refuse 5-0

10. SER Johnny Pack v. WV Dept of Corrections, No. 041443 (Filed 8/10/04)
Defendant seeks issuance of a writ of mandamus arguing that he is entitled to release due to multiple constitutional rights violations. 

Refuse 5-0

11. In the Matter of: William Patrick Laroy H., No. 041420 (Filed 8/10/04)
Father appeals circuit court order terminating his parental rights, arguing the circuit court erred in ruling that there was no reasonable likelihood that the circumstances which led to child’s removal could be corrected in the foreseeable future. 

Refuse 5-0

12. In the Matter of: David B., No. 041445 (Filed 8/12/04)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in finding that there was no reasonable likelihood that the conditions of neglect can be substantially corrected and in denying post-termination visitation.

Refuse 5-0

13. In the Matter of: Lucas D., No. 041523 (Filed 8/24/04)
Girlfriend of natural father, alleged to be child’s psychological mother, appeals circuit court order terminating her alleged parental rights to impaired child, arguing that the court erred in denying her motion for improvement period. 

Refuse 5-0

14. In the Matter of: Joshua M. and Tabitha M., No. 041555 (Filed 8/27/04)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in considering factors outside the abuse and neglect petition and amended petition, erred in considering the mother’s mental illness, and erred in delaying proceedings.

Refuse 5-0

 15. State of West Virginia v. Michael Sanderson, No. 040856 (Filed 5/3/04)
Petitioner/Defendant appeals his conviction on charges of sexual assault in the third degree, arguing that the circuit court erred in denying Petitioner/Defendant’s motion for judgment of acquittal and motion for new trial because the State failed to disclose a witness’s statement that was inconsistent with the victim’s testimony. 

Refuse 5-0

16. Toni L. Stover and David Stover v. The West Camden Co., No. 040861 (Filed 5/5/04)
Petitioners/Plaintiffs appeal the dismissal of their civil claim, arguing that the circuit court erred and abused its discretion by dismissing Petitioners/Plaintiffs’ civil action.

Refuse 4-1
(McGraw, J.)

 17. Martha Spencer v. Timothy R. McClure, et. al., No. 040865 (Filed 5/6/04)
Petitioners/Plaintiffs appeal order granting judgment as a matter of law in a car wreck case filed below. 

Refuse 3-2
(Maynard, C.J., Davis, J.)

18. Jo Ann Davis and Charles Davis v. Mohammed Imani, D.P.M., and Associated Foot and Ankle Clinics, No. 040953 (Filed 5/25/04)
Petitioners/Plaintiffs appeal a civil verdict in favor of Respondent/Defendant arguing that the circuit court erred in admitting videotape surveillance at trial when the videotape had not previously been disclosed to Petitioners/Plaintiffs and in denying Petitioners/Plaintiffs’ motion for a new trial. 

Refuse 4-1
(McGraw, J.)

19. SER Victor Nutter v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 040874 (Filed 5/5/04)
Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that the prosecutor knowingly used false charges in attempt to force Petitioner/Inmate to enter into a plea agreement; the prosecutor knowingly let certain charges "go dead" because Petitioner/Inmate was able to prove them false, but then used them at trial in violation of 404(b); a person cannot be convicted of first degree sexual assault without DNA evidence, physical evidence, or psychological evidence; the testimony of two witnesses was illegally and unethically coached; the perjured testimony of a particular police woman should have been used for impeachment purposes; Petitioner/Inmate was placed in double jeopardy; the circuit court erred in allowing a partial verdict; Petitioner/Inmate was denied a fair trial because he could not hear testimony by the witnesses; and Petitioner/Inmate was denied his rights when he was placed in front of the judge’s desk.

Refuse 5-0

 20. SER Kevin G. Thompson v. James Ielapi, Warden of Pruntytown Correctional Center, No. 040905 (Filed 5/12/04)
Petitioner/Inmate seeks issuance of writ of habeas corpus arguing that jurors were prejudiced against him, the evidence used against him was inadmissible, the trial court erred in denying a motion to sever, a violation of Miranda rights, unreasonable search and seizure, and ineffective assistance of counsel.

Refuse 5-0

 21. SER Gregory Christian v. State of West Virginia, No. 040979 (Filed 5/16/04)
Petitioner/Inmate renews a prior petition for writ of habeas corpus alleging that his guilty plea was invalid, that he suffered ineffective assistance of counsel, that the State has failed to honor the plea agreement, and that the State, defense counsel, and Huntington Police conspired against Petitioner/Inmate. 

Refuse 5-0

22. SER Miguel Quinones v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 041065 (Filed 5/28/04)
Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that his rights are being violated through retaliatory punishments by prison staff and officials. 

Refuse 5-0

23. SER Scotty D. King v. Thomas McBride, Warden of Mount Olive Correctional Center, No. 041117 (Filed 6/17/04)
Petitioner/Inmate seeks issuance of writ of habeas corpus alleging that his rights are being violated because he is being denied parole over a previous conviction.

Refuse 5-0

24. SER Franklin E. Carter v. Judge Jay Hoke, No. 022081 (Filed 9/24/02)
Petitioner/Inmate seeks issuance of writ of mandamus, compelling the Circuit Court of Lincoln County to appoint Petitioner/Inmate new counsel and conduct an omnibus hearing in regard to Petitioner/Inmate’s petition for writ of habeas corpus.

Grant 5-0
Unless Sooner Mooted

 25. SER Charles Lesane, Jr. v. James Rubenstein, Commissioner, No. 040837 (Filed 4/8/04)
Petitioner/Inmate seeks issuance of writ of mandamus compelling Commissioner Rubenstein to expunge violation reports from Petitioner/Inmate’s prison record.

Refuse 5-0

 26. SER Archie W. Stephens v. Wayne County Circuit Court, No. 040910 (Filed 5/3/04)
Petitioner/Inmate seeks issuance of writ of mandamus to compel the Circuit Court of Wayne County to take action in his petition for writ of habeas corpus.

Deferred

27. SER Donald Wilson, Jr. v. West Virginia Dept. of Corrections, No. 040931 (Filed 5/12/04)
Petitioner/Inmate seeks issuance of writ of mandamus to compel the DOC to correctly calculate Petitioner/Inmate’s good time.

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

28. Thomas E. Smith v. Gov. Robert Wise, No. 040647 (Filed 5/25/04)
Petitioner seeks issuance of writ of mandamus to compel the Governor to produce certain extradition documents.

Refuse 5-0