West Virginia Supreme Court of Appeals

Writ Conference

Thursday, October 31, 2002


1. State of West Virginia v. Kelly L. Holland, No. 021608

Criminal defendant appeals circuit court order sentencing her to two consecutive one year jail terms and two one year jail terms to run concurrent with each other and the first two sentences based upon her guilty plea to four counts of the lesser included charge of petit larceny, arguing that the trial court erred in accepting her guilty plea as she was under the influence of methadone at the time of the plea.

Refuse 4-0
(Starcher, J., N/P)

2. State of West Virginia v. Jonathan E. Bourque, No. 021611

Defendant appeals circuit court order denying his motion for acquittal which was based upon his assertion that there was insufficient evidence to support conviction for possession of a controlled substance with intent to deliver, assault of a police officer, and carrying a concealed deadly weapon without a license.

Refuse 4-0
(Starcher, J., N/P)

3. State of West Virginia v. Jack Lee Poland, No. 021884

Criminal defendant, who pled guilty to one felony count of Fraudulent Schemes, appeals circuit court order sentencing him to an indeterminate sentence of one to ten years in prison with credit for time served, restitution of $14,152.71 and costs, arguing that the circuit court abused its discretion by refusing his motion for probation or home confinement.

Refuse 4-0
(Starcher, J., N/P)

4. State of WV v. Brandon Johnson, No. 021902

Criminal defendant, 16, tried as an adult and convicted by jury of one count of aggravated robbery with a firearm, appeals circuit court order sentencing him to 48 years in the penitentiary with eligibility for parole in 16 years, arguing that circuit court erred in suppressing proof that the victim smoked crack cocaine prior to out-of-court photo identification of the defendant and that the 48 year sentence was disportionate.

Grant  2- 2
( Davis, C. J., Maynard, J.)
(Starcher, J., N/P)

5. John A. Persinger, II v. Persinger Properties, No. 021468

Plaintiff below appeals circuit court order granting summary judgment to four of the individual defendants below, arguing that there were material facts in dispute in this allegedly fraudulent real estate transaction.

Refuse 4-0
(Starcher, J., N/P)

6. Randall Earl White v. Howard Painter, No. 021470

Prisoner, sentenced to thirty to sixty years for jury convictions of sexual assaults of three children, appeals circuit court order denying his petition for habeas corpus, arguing multiple grounds including violation of double jeopardy and evidentiary errors during his underlying criminal trial.

Refuse 4-0
(Starcher, J., N/P)

7. Jamal A. Azeez v. Cedric Robertson, et al., No. 021520

Prisoner appeals circuit court order dismissing his complaint asserting various criminal actions by multiple defendants stemming from alleged misconduct in prisoner’s prosecution and penalizing prisoner for frivolous filing by revocation of one half of his good time credits as provided by the West Virginia Prisoner Litigation Reform Act.

Refuse 4-0
(Starcher, J., N/P)

8. SER Jamal A. Azeez v. Hon. John Hutchison, Judge, No. 021528

Prisoner seeks issuance of a writ of prohibition against enforcement of circuit court order dismissing his complaint asserting various criminal actions by multiple defendants stemming from alleged misconduct in prisoner’s prosecution and penalizing prisoner for frivolous filing by revocation of one half of his good time credits as provided by the West Virginia Prisoner Litigation Reform Act.

Refuse 4-0
(Starcher, J., N/P)

9. Mountaineer Contractors, Inc. v. Preston County Board of Health , No. 021522

Preston County private business appeals circuit court order granting only partial relief in its declaratory judgment action, which sought, among other related issues, to obtain ruling that Preston County health law banning smoking in public places and enclosed private workplaces in Preston County was null and void as unconstitutional.

Refuse 4-0
(Starcher, J., N/P)

10. Robert D. Fisher v. William H. Painter, No. 021557

Criminal defendant appeals circuit court order denying habeas corpus petition, following omnibus hearing, arguing that his sentence in underlying criminal case was excessive and that his counsel was ineffective.

Refuse 4-0
(Starcher, J., N/P)

11. Pearlie Ray Linville v. Steel of West Virginia, Inc., No. 021560

Plaintiff below appeals circuit court order of summary judgment for employer in this retaliatory discharge and religious discrimination suit.

Refuse 3- 1
(McGraw, J.)
(Starcher, J., N/P)

12. Glenna Evans v. Mine Tools, Inc.; Nationwide Insurance Company, No. 021602

Plaintiff below appeals circuit court order denying motion for imposition of attorneys’ fees of $5,850.00 against insurer based upon counsel’s work to defeat insurer’s summary judgment motion in declaratory judgment action, arguing that circuit court erred in denying attorneys fees based upon circuit court’s conclusion that the Plaintiff below, who was not a first party insured, did not substantially prevail against insurer in declaratory judgment action.

Refuse 3- 1
(McGraw, J.)
(Starcher, J., N/P)

13. Robert Shrout v. William Haines, Warden, No. 021610

Prisoner appeals circuit court order dismissing his motion for habeas corpus hearing based upon prior omnibus hearing and disposition of habeas issues in prior habeas corpus action.

Refuse 4-0
(Starcher, J., N/P)

14. Robert B. Birchfield et al. v. Lewisburg Historic Landmarks Comm., No. 021614

Owners of historic home appeal circuit court order denying their appeal of denial of application to apply vinyl siding to the historic home by historic landmark commission and zoning boards.

Refuse 4-0
(Starcher, J., N/P)

15. SER Clyde H. Richey v. State of West Virginia, No. 021953

Former criminal defendant, convicted of third degree sexual assault, seeks issuance of a writ of habeas corpus for DNA testing of prosecution evidence based upon involvement of Fred Zain in the case.

Refuse 3- 1
(Albright, J.)
(Starcher, J., N/P)

 16. SER Jack Grimes, Jr. v. William Haines, Warden, No. 022101

Criminal defendant, convicted and sentenced to life with mercy and two consecutive 1-10 year sentences for grand larceny based upon plea bargain, seeks issuance of a writ of habeas corpus alleging multiple constitutional violations and ineffective assistance of counsel.

Refuse 3- 1
(Albright, J.)
(Starcher, J., N/P)

17. SER William R. Miller v. Hon. Jay Hoke, Judge, No. 021267

Prisoner seeks issuance of writ of mandamus against circuit court, to rule upon his counsel’s pending motion to withdraw as his counsel in underlying habeas corpus action due to conflict of interest.

Refuse 4- 0
Moot
(Starcher, J., N/P)

18. SER Harold Junkins v. Hon. Thomas Bedell, No. 021268

Prisoner seeks issuance of writ of mandamus to preserve his appeal rights concerning denial of his petition for habeas corpus by circuit court.

Refuse 4- 0
Moot
(Starcher, J., N/P)

 19. SER David Steven Myers v. Cabell County Circuit Court, No. 021484

Prisoner files pro se petition seeking issuance of writ of mandamus against circuit court to hold omnibus hearing on his underlying habeas corpus petition. Circuit court has appointed counsel to represent Petitioner in the underlying action.

Grant 4- 0
Returnable Below for Appointment of New Counsel
(Starcher, J., N/P)

 20. SER Marvin J. Thompson v. WV Board of Probation and Parole, No. 021377

Prisoner seeks issuance of mandamus against Parole Board to require individualized application of W.Va. Code 62- 12-13 (a) (5) so that he receives a parole hearing every year rather than every two years so long as he remains write-up free, to require the establishment of a procedure by which appeals of Parole Board decisions are heard by a separate panel, and to require full consideration of criteria such as an inmate’s mental and moral condition as either negative or positive rather than a "neutral" factor.

Deferred

 21. SER James Lester v. Hon H. L. Kirkpatrick, No. 021445

Prisoner seeks issuance of mandamus against circuit court for failure to conduct hearing in his habeas corpus action challenging terms and conditions of confinement.

Refuse 3- 1
(Albright, J.)
(Starcher, J., N/P)

 22. SER Roger Wyant v. Jackson Cty Circuit Court, No. 021565

Prisoner, convicted of first degree murder and sentenced to life without mercy, seeks issuance of writ of mandamus to require circuit clerk to produce to prisoner specified records from his underlying criminal file and in the alternative, to release him from incarceration based upon the clerk’s noncompliance with his Freedom of Information Act request.

Grant  2- 2
Unless Sooner Mooted
( Maynard, J., McGraw, J.)
(Starcher, J., N/P)

 23. SER Shane Alexander Dillon v. Mercer County Circuit Court, No. 021588

Prisoner seeks issuance of habeas corpus and mandamus against circuit court to reduce his sentence of forty years for guilty plea to second degree murder and to require a copy of his circuit court file in his underlying criminal case.

Refuse 4-0
(Starcher, J., N/P)

 24. SER Steven Funt v. Hon. Herman Canady, No. 021724

Prisoner seeks issuance of a writ of mandamus against circuit court for failure to act upon his habeas corpus petition.

Grant  4- 0
Unless Sooner Mooted
(Starcher, J., N/P)

 25 . SER Gerald K. Mollohan v. Kanawha County Circuit Court, No. 021722

Prisoner seeks writ of mandamus against circuit court for further action on the rule of this Court formerly issued to effectuate action in his pending habeas corpus petition.

Refuse 4- 0
Moot
(Starcher, J., N/P)

 26. SER David Skundor v. Rory L. Perry, II, Clerk, No. 021792

Prisoner seeks issuance of mandamus, seeking to require Clerk to docket his petition for rehearing of refused original jurisdiction case.

Refuse 4-0
(Starcher, J., N/P)

 27. SER Jerry C. Pulley, Jr. v. Hon. Louis Bloom, No. 021795

Prisoner seeks issuance of writ of mandamus against circuit court for failure to act in four habeas corpus actions instituted by prisoner.

Refuse 4-0
(Starcher, J., N/P)

 28. SER Anthony Merchant v. Fayette County Circuit Court, No. 021847

Criminal defendant seeks issuance of a writ of mandamus to obtain transcript of grand jury proceedings in his underlying criminal case.

Grant  4- 0
Unless Sooner Mooted
(Starcher, J., N/P)

 29. SER Earl L. Puffenbarger v. Hon. Phillip Jordan, No. 021952

Criminal defendant, sentenced to consecutive 1 to 5 year terms with an additional five years for recidivism, seeks issuance of a writ of prohibition or alternatively, mandamus against circuit court based upon denial of untimely motion for reduction of sentence.

Refuse 4-0
(Starcher, J., N/P)

 30. SER Danny R. Swager v. Hon. Gary Johnson, No. 021943

Criminal defendant seeks issuance of a writ of mandamus to require the circuit court to order the production of pretrial and trial transcripts and sentencing transcripts, to rule upon a motion for appointment of counsel, to recuse presiding judge and obtain appointment of special judge, and to rule upon motion involving need for investigator to deal with new evidence in defendant’s underlying habeas corpus action.

Deferred

 31. SER Jack W. Hinchman v. Berkeley County Circuit Court, No. 021497

Prisoner seeks issuance of a writ of prohibition against circuit court to prevent his prosecution on an allegedly expired indictment.

Refuse 4-0
(Starcher, J., N/P)

 32. SER Troy Goodman v. Brian R. Abraham, Prosecuting Attorney, No. 021591

Prisoner seeks issuance of writ of prohibition against county prosecutor for refusal to allow him to present evidence before the Grand Jury.

Refuse 4-0
(Starcher, J., N/P)

 33. In the Matter of: Brandon, Danielle, Christie & Justin B., 021342

Mother moves for renewal of her petition for appeal of the circuit court order terminating her parental rights, asserting that there is new evidence that the injuries which resulted in termination were inflicted by the father and seeking reconsideration of the refusal of her petition for appeal based upon this newly discovered evidence.

Refuse 4-0
(Starcher, J., N/P)

 34. In the Matter of: Alexis Nichole S., No. 021573

Mother appeals circuit court order refusing modification of the prior order terminating her parental rights, arguing that the circuit court erred in denying modification without conducting an evidentiary hearing.

Refuse 4-0
(Starcher, J., N/P)

 35. In the Matter of: Cassandra T. & Sierra T., No. 021738 (Natural Father’s appeal)

Father appeals circuit court order terminating his parental rights to children, arguing that the circuit court erred in terminating his parental rights as he was not given an improvement period and that termination was not in the children’s best interests.

Refuse 4-0
(Starcher, J., N/P)

 36. In the Matter of: Aerionia A., No. 021771 (Mother’s Petition)

Mother appeals circuit court order terminating her parental rights, arguing that there was insufficient evidence to support termination and denial of post-termination visitation.

Refuse 4-0
(Starcher, J., N/P)

 37. In the Matter of: Aerionia A., No. 021772 (Father’s Petition)

Father appeals circuit court order terminating his parental rights, arguing that there was insufficient evidence to support termination and denial of post-termination visitation.

Refuse 4-0
(Starcher, J., N/P)

38. In the Matter of: George G., No. 021773

Mother appeals circuit court order terminating her parental rights, arguing that there was insufficient evidence to support termination of her parental rights.

Refuse 4-0
(Starcher, J., N/P)

 39. In the Matter of: George G., No. 021886 (Father’s petition)

Father appeals circuit court order terminating his parental rights, arguing that there was insufficient evidence to support termination of his parental rights.

Refuse 4-0
(Starcher, J., N/P)

 40. State of West Virginia v. Brian Neff, No. 021144

Petitioner/Defendant appeals from circuit court’s order imposing Petitioner/Defendant’s original sentence after he was returned as unfit from the Anthony Correctional Center. Petitioner/Defendant alleges that the circuit court abused its discretion in so doing.

Refuse 4-0
(Starcher, J., N/P)

 41. State of West Virginia v. David Hubbard, No. 021254

Petitioner/Defendant appeals a ruling of the Circuit Court of Raleigh County denying Petitioner/Defendant’s motion for a reduction of sentence pursuant to Rule 35 of the West Virginia Rules of Criminal Procedure. Petitioner/Defendant argues that the Circuit Court of Raleigh County abused its discretion when the court declined to consider Petitioner/Defendant’s rehabilitative efforts when deciding his Rule 35 Motion and that the Circuit Court of Raleigh County was clearly wrong when it refused to reduce the disparity between his sentence and the sentences of his co-defendants.

Refuse 4-0
(Starcher, J., N/P)

 42. State of West Virginia v. Stephen M. Luci, No. 021394

Petitioner appeals the denial of his request to appear before the Grand Jury in order to obtain an indictment against a certain State Trooper on the grounds of perjury.

Refuse 3- 1
(Albright, J.)
(Starcher, J., N/P)

 43. David Carr v. Thomas McBride, Warden, No. 021561

Petitioner/Inmate appeals the Circuit Court of Kanawha County’s dismissal of his petition for a writ of habeas corpus. Petitioner/Inmate alleges that the court’s dismissal of his petition was erroneous and contrary to state and federal constitutional law.

Refuse 4-0
(Starcher, J., N/P)

 44. SER Lewis F. Sanders v. William Frederick, Administrator, No. 020765

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging deliberate delay in trial, mental anguish, and failure to dismiss the charge.

Refuse 4-0
(Starcher, J., N/P)

 45. SER William Crupe v. Mark A. Williamson, Warden, No. 020768

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging denial of right of appeal, failure of the State to disclose evidence favorable to Petitioner/Inmate, no evidence produced at trial which would support a conviction, delay in production of transcript, and improper selection of jury panel.

Deferred

46. SER James R. Lewis v. West Virginia Parole Board, No. 021177

Petitioner/Defendant seeks issuance of writ of habeas corpus to relieve him of his parole denial, alleging that the Parole Board acted arbitrarily and capriciously.

Refuse 3- 0
(Starcher, J., McGraw, J., N/P)

 47. SER Kelvin Andre Spotts v. State of West Virginia, No. 021209

Petitioner/Inmate seeks the issuance of a writ of habeas corpus based on allegations of misconduct by Forensic Chemist T.O. McDaniel, West Virginia State Trooper J.C. Lee, the West Virginia Crime Laboratory, and the State of West Virginia, which misconduct violated the Constitutional rights of Petitioner/Inmate.

Refuse 4-0
(Starcher, J., N/P)

 48. SER Jack David Raines, Jr. v. Shannon Markle,No. 021230

Petitioner/Inmate seeks the issuance of a writ of habeas corpus (under original jurisdiction) causing the Administrator of the Central Regional Jail to acknowledge Petitioner/Inmate’s "good time."

Deferred

 49. SER James Duncan v. Thomas McBride, Warden, No. 021405

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging that his conviction was constitutional, that he received ineffective assistance of counsel, and that he received an illegal sentence.

Refuse 4-0
(Starcher, J., N/P)

 50. SER Kenneth Morrison v. Thomas McBride, Warden, No. 021487

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging that the Department of Corrections has unlawfully applied the "good time" statute in such a way that Petitioner/Inmate’s imprisonment is unlawfully lengthened.

Deferred

 51. SER Justin Britton v. Timothy Bowen, Administrator, No. 021486

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging that his guilty plea was not made voluntarily and that he was denied effective assistance of counsel.

Refuse 3- 1
(Albright, J.)
(Starcher, J., N/P)

 52. SER David Shanholtz v. Thomas McBride, Warden, No. 021534

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging ineffective assistance of counsel.

Refuse 4-0
(Starcher, J., N/P)

 53. SER Joseph S. Baumgardner v. Thomas McBride, Warden, No. 021529

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging: (1) Constitutional errors in an evidentiary hearing; (2) involuntary, unintelligent, unknowing guilty plea; (3) bribery and breach of the plea agreement; (4) language barrier; (5) ineffective assistance of counsel; (6) conviction obtained by coerced confession; (7) improper conduct of the prosecutor; (8) bias of the prosecutor against Petitioner/Inmate; (9) bias of the trial judge against Petitioner/Inmate; and (10) use of evidence gathered through illegal search and seizure. Also, Petitioner/Inmate seeks a writ of mandamus compelling the Circuit Court of Fayette County to inform Petitioner/Inmate of the civil action number assigned to a petition for writ of habeas corpus filed in that court and to amend the name of the Respondent in said petition to reflect a change in wardens. However, that issue is now moot as the petition in the lower court has been dismissed.

Refuse 4-0
(Starcher, J., N/P)

 54. SER Roger Lee Pemberton v. William Haines, Warden, No. 021542

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging judicial bias, denial of right to appeal, ineffective assistance of counsel, and conviction through a coerced confession.

Refuse 4-0
(Starcher, J., N/P)

 55. SER Cedric Coping v. Thomas McBride, Warden, No. 021547

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging that the trial court lacked jurisdiction to sentence Petitioner/Inmate due to the fact that the statutes under which Petition/Inmate was incited and convicted are violative of the Fifth and Sixth Amendments to the United States Constitution and Article II, Section 10 and Article VI, Section 30 of the West Virginia Constitution; that Petitioner/Inmate received ineffective assistance of counsel; and that the grand jury was unconstitutionally impaneled.

Refuse 4-0
(Starcher, J., N/P)

 56. SER David J. Whitt v. William Haines, Warden, No. 021587

Petitioner/Inmate seeks the issuance of a writ of habeas corpus, alleging that his forty year sentence (for a no contest plea to attempted robbery) is disproportionate to the nature of his crime.

Dismissed

57. SER Danette Pauley v. William Frederick, Administrator, No. 021080

Petitioner/Inmate seeks issuance of writ of mandamus, compelling the Administrator of the South Central Regional Jail to address the alleged violation of the privacy rights of female prisoners.

Refuse 4-0
(Starcher, J., N/P)

 58. SER Lorenzo D. Valentine v. Wilma Grubb, Mercer County Circuit Clerk, No. 021489

Petitioner/Defendant seeks the issuance of a writ of mandamus compelling the Circuit Clerk of Mercer County to grant Petitioner/Defendant’s Freedom of Information Act request.

Grant  2- 2
Unless Sooner Mooted
(Davis, C.J., Albright, J.)
(Starcher, J., N/P)

 59. SER William Crayton v. West Virginia Parole Board, No. 021361

Petitioner/Defendant seeks issuance of writ of habeas corpus to relieve him of his parole denial, alleging that the Parole Board acted arbitrarily and capriciously. Petitioner/Defendant further asks this Court to order the Parole Board to hold another hearing in a reasonable time.

Refuse 4-0
(Starcher, J., N/P)

 60. SER Otis E. Smith v. Raleigh County Circuit Court, No. 021540

Petitioner/Defendant seeks issuance of writ of mandamus ordering the expungement of his criminal record.

Refuse 4-0
(Starcher, J., N/P)

 61. SER Jerry C. Pulley, Jr. v. Cabell County Circuit Court, No. 021541

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Cabell Circuit Clerk to file Petitioner/Inmate’s Petition for Writ of Mandamus and to file and assign a civil action number to Petitioner/Inmate’s June 17, 2002, letter of complaint; and to compel the Circuit Court of Cabell County to rule on Petitioner/Inmate’s July 10, 2002, motions.

Refuse 4-0
(Starcher, J., N/P)

 62. SER Winford Ellis v. Mingo County Circuit Court, No. 021589

Petitioner/Inmate seeks issuance of writ of mandamus, compelling the Mingo County Circuit Clerk to inform Petitioner/Inmate of the status of his Petition for a Writ of Habeas Corpus.

Refuse 3- 0
Moot
(Starcher, J., Maynard, J.,  N/P)

 63. SER William A. Pedelose v. Marshall County Circuit Court, No. 021723

Petitioner/Inmate seeks issuance of writ of mandamus compelling the Marshall County Circuit Court to adjudicate the issues and contentions advanced in his Petition for a Writ of Habeas Corpus.

Grant  4- 0
Unless Sooner Mooted
(Starcher, J., N/P)

 64. SER Donald Barbe v. Ohio County Circuit Court, No. 021844

Petitioner/Inmate seeks the issuance of a writ of mandamus compelling the Circuit Court of Ohio County to honor Petitioner/Inmate’s Freedom of Information Act request.

Refuse 4-0
(Starcher, J., N/P)

65. SER James E. Sigley v. Marion County Circuit Court, No. 021203

Petitioner/Inmate seeks the issuance of a writ of prohibition, prohibiting the Circuit Court of Marion County from proceeding with an evidentiary hearing in a habeas corpus matter unless and until Petitioner/Inmate is appointed an attorney to represent him in said hearing.

Grant  4- 0
Unless Sooner Mooted
(Starcher, J., N/P)

66. In the Matter of: Frances J.A.S., Daryl Jean S., Crystal Nicole S., and David Allen R., Jr., No. 021842

Petitioners appeal circuit court order ordering the imminent transfer of custody of Frances J.A.S. and Daryl Jean S. from their father’s home in Colorado to their mother and stepfather’s home in West Virginia during the mother and stepfather’s dispositional improvement period. Petitioners allege that the court abused its discretion by disrupting the stable lives of Frances J.A.S and Daryl Jean S., that the court abused its discretion by imposing the same disposition on two sets of half-siblings when different permanency plans were available to each set of half-siblings as prompted by the best interests of each set of children, and that the court erred by giving weight to a sex offender evaluation which did not meet the Daubert test.

Grant  4- 0
(Starcher, J., N/P)

67. In the Matter of: Frances J.A.S., Daryl Jean S., Crystal Nicole S., and David Allen R., Jr., No. 021843

Petitioner appeals circuit court order ordering the imminent transfer of custody of Frances J.A.S. and Daryl Jean S. from Petitioner’s home in Colorado to their mother and stepfather’s home in West Virginia during the mother and stepfather’s dispositional improvement period. Petitioner alleges that the court erred in excluding him from participating in the dispositional hearings in this matter, that the court committed an abuse of discretion in failing to incorporate issues relative to child custody in its consideration of residential placement during Respondent Mother’s and Respondent Father’s dispositional improvement periods, and that the court erred in failing to find that residential placement of Frances and Daryl with Petitioner is in the children’s best interests.

Grant  4- 0
(Starcher, J., N/P)

68. In the Matter of: Tyler D., Alexander A., and Nevaeh D., No. 022023

Petitioners appeal circuit court dispositional order dismissing child abuse and neglect cases numbered 01-JA-23, 01-JA-24, and 01-JA-25 and ordering the return of Tyler D., Alexander A., and Nevaeh D. to their mother, Amanda D. Petitioners charge that the court erred in returning custody of the three children to their mother when she refused to believe that her boyfriend had physically abused Tyler D. and when she refused to believe that her father had sexually abused Tyler D. and that the court abused its discretion in not allowing the Guardian ad litem to call the family’s social worker as a witness.

Grant  4- 0
Expedite
(Starcher, J., N/P)

69. In the Matter of: Raven R., No. 021888

Petitioner appeals circuit court order terminating her rights to her three children and denying her visitation with her oldest daughter.

Refuse 4-0
(Starcher, J., N/P)

70. SER Robert Eugene Daily v. Thomas McBride, No. 021488

Petitioner/Inmate seeks issuance of writ of habeas corpus, alleging ineffective assistance of counsel, failure of the court to protect the rights of Petitioner/Inmate, prosecutorial misconduct, and witness misconduct.

Refuse 3- 1
(Albright, J.)
(Starcher, J., N/P)