1.  State of West Virginia v. Randy Lane Crabtree, No. 062268 (Filed 8/18/06)
Defendant, convicted by magistrate court of driving without license, registration, proof of insurance, or inspection sticker, appeals circuit court order denying his appeal, arguing that the laws requiring license, registration, proof of insurance and inspection sticker are unconstitutional. - Refuse 5- 0

2.  State of West Virginia v. Freelin Vance , No. 062349 (Filed 8/30/06)
Defendant, convicted by jury of three counts of Brandishing, appeals circuit court order sentencing him to serve two consecutive six month jail terms, arguing the circuit court erred in not dismissing multiple counts of Wanton Endangerment involving a firearm as violative of Defendant’s constitutional Double Jeopardy protections against multiple punishments for the same offense, where, according to the State’s evidence, the Defendant committed only one act (the Waving of a Firearm). - Refuse 5- 0

3.  John A. Wendling v. IHOP Corp. and Rodney Loftis & Son, No. 062215 (Filed 8/14/06)
Plaintiff in construction contract dispute appeals circuit court order granting summary judgment to defendant, arguing there were genuine issues of fact which should have precluded entry of summary judgment. - Refuse 5- 0

4.  Curtis H. and Barbara Sizemore, Jr. v. Harold S. and Shirley Simpson, No. 062312 (Filed 8/23/06)
Defendants in property dispute appeal circuit court order following bench trial which found that Plaintiffs below have established adverse possession of pathway which was formerly railroad property. - Refuse 5- 0

5.  Joseph Cooper Cox v. Jim Rubenstein, Commissioner, No. 062338 (Filed 8/29/06)
Habeas petitioner below appeals circuit court order denying his petition for habeas corpus relief following omnibus hearing. - Refuse 5- 0

6.  Pelma Rose Wolfe v. WV Consolidated Public Retirement Systems, No. 052666 
(Filed 11/29/05)
Teacher appeals circuit court order affirming the WV Consolidated Public Retirement Board decision. - Refuse 5- 0

7.  SER Elmer A. Kisner, Jr. v. Edward J. Rudloff, Warden, No. 050312 (Filed 2/10/05)
Defendant, who entered an Alford plea to sexual abuse by a parent, custodian or guardian, seeks issuance of a writ of habeas corpus arguing that his plea was involuntary due to ineffective assistance of counsel and coercion by the police. - Refuse 5- 0

8.  Ricky C. Brooks v. Thomas McBride, Warden, No. 062242 (Filed 8/9/06)
Prisoner seeks issuance of a writ of habeas corpus, arguing he was not present for sentencing hearing and was improperly sentenced to consecutive rather than concurrent terms of incarceration. - Refuse 5- 0

9.  SER Roger Cline v. William Fox, Warden, No. 062275 (Filed 8/17/06)
Defendant, convicted of First Degree Murder by jury and sentenced to Life with Mercy, seeks issuance of a writ of habeas corpus arguing newly discovered evidence. - Refuse 5- 0

10.  SER Dwayne Anderson v. William Fox, Warden, No. 062283 (Filed 8/18/06)
Prisoner seeks issuance of a writ of habeas corpus requesting reinstatement of parole. - Refuse 5- 0

11.  SER Franklin J. Loftis v. WV Board of Probation and Parole, No. 062382 (Filed 9/1/06)
Prisoner seeks issuance of a writ of habeas challenging the denial of parole. - Refuse 5- 0

12.  SER Daniel Robert Holt v. John McKay, Administrator I, No. 062407 (Filed 9/5/06)
Defendant seeks issuance of a writ of habeas corpus or mandamus, arguing that trial court judge should have been disqualified from presiding in his underlying criminal case due to judge’s friendship with Defendant’s father. - Refuse 5- 0

13.  SER Marcus L. Cockerham v. Thomas McBride, Warden, No. 062521 (Filed 9/15/06)
Defendant, convicted by guilty plea of First Degree Murder and sentenced to Life without Mercy, seeks issuance of a writ of habeas corpus, alleging that he was incorrectly sentenced to Life without Mercy. - Deferred

14.  SER Brian K. Markley v. Hon. Andrew Frye, Judge, No. 062345 (Filed 6/13/06)
Defendant seeks issuance of a writ of mandamus arguing that he should receive transcripts of a mistrial from circuit court. - Refuse 5- 0

15.  SER Patrick Few et. al v. Hon. John Henning, Judge, No. 062082 (Filed 7/26/06)
Huttonsville inmates, who have filed underlying habeas petition challenging terms and conditions of their confinement with the circuit court, seek issuance of a mandamus against circuit court citing unreasonable delay in the resolution of the pending habeas action. - Refuse 5- 0

16.  SER Richard D. Murray v. Hon. Gray Silver, Judge, No. 062141 (Filed 8/7/06)
Prisoner seeks issuance of a writ of mandamus to require circuit court to refrain from enforcing criminal conviction against Defendant. - Refuse 5- 0

17.  In the Matter of: Tamika M. and Danielle M., No. 062007 (Joint petition of both parents) (Filed 7/21/06)
Parents appeal circuit court order denying dispositional improvement periods and terminating their parental rights, arguing that the circuit court erred in denying the dispositional improvement period. - Refuse 5- 0

18.  In the Matter of: James Adam C., William Riley Y. & Marlena Y., No. 062112 
(Filed 8/2/06)
Mother appeals circuit court order which ratified agreement between DHHR and Mother that permanent physical and legal custody of children would remain with DHHR while insuring substantial visitation between the children and the parents. Mother argues that the circuit court erred in accepting the agreement entered into between the State/DHHR and the Mother which she indicated that she did not understand. - Refuse 5- 0

19.  In the Matter of: Alysia Erin C. and Clarissa A. C., No. 062133 (Filed 8/4/06)
Mother appeals circuit court order terminating her parental rights. - Refuse 5- 0

20.  In the Matter of: Susan Victoria B., No. 062148 (Filed 8/7/06)
Mother appeals circuit court order terminating her parental rights. - Refuse 5- 0

21.  In the Matter of: Donovan A. S., No. 062158 (Filed 8/9/06)
Relatives seeking to adopt child appeal circuit court order dismissing abuse and neglect action following termination of the parental rights of natural parents. - Refuse 5- 0

22.  In the Matter of: William L., Daniel K., Oley W., III, and Mindy W., No. 062160 
(Filed 8/9/06)
Mother appeals circuit court order terminating her parental rights. - Refuse 5- 0

23.  In the Matter of: Angel, Gabriel, Jacob, & Ezra H., No. 062258 (Filed 8/16/06)
Mother appeals circuit court order terminating her parental rights. - Refuse 5- 0

24.  In the Matter of: McKenzie Leann S. & Thomas Carl Lee S., No. 062296 (Filed 8/22/06)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in denying improvement period. - Refuse 5- 0

25.  In the Matter of: Joseph Lee S., No. 062350 (Filed 8/30/06)
Father appeals circuit court order terminating parental rights, arguing that the circuit court erred when it denied the Father’s motion for an improvement period. - Refuse 5- 0

26.  In the Matter of: Brittney, Bridgett, Heather and Raymond, No. 062362 (Filed 8/31/06)
Stepmother appeals circuit court order terminating her parental rights to children. - Refuse 5- 0

27.  In the Matter of: Micah C., No. 062396 (Filed 9/5/06)
Father appeals circuit court order terminating his parental rights. - Refuse 4- 0 (Albright, J. Disqualified )

28.  State of West Virginia v. James R. Moore, Jr., No. 061879 (Filed 7/10/06)
The Petitioner seeks an appeal of his conviction on 36 counts of the 113 count indictment for sexual offenses against his 10 year old step-daughter. The Petitioner seeks an acquittal on 13 counts and a new trial on the other 23 counts. - Refuse 5- 0

29.  State of West Virginia v. Christopher N. Boram, No. 061994 (Filed 7/21/06)
The Petitioner seeks an appeal of his conviction on four counts of obtaining goods under false pretense. He was sentenced to 1-10 years on each count to run concurrently. He seeks a reversal, or in the alternative, a new trial with the charges severed. - Refuse 5- 0

30.  Wendell Dempsey v. Thomas McBride, No. 061852 (Filed 7/5/06)
The Petitioner seeks an appeal of the circuit court’s (February 3, 2006) order that denied the Petitioner’s habeas. The Petitioner had pled guilty to 1st degree robbery and was sentenced to 30 years. He now seeks a reversal of the circuit court’s order denying his habeas. - Refuse 5- 0

31.  SER James Earon O’Neal v. William Haines, Warden, No.061864 (Filed 7/6/06)
The Petitioner seeks an appeal of the circuit court’s (January 21, 2005) order that denied his habeas petition. He seeks a remand in the matter. - Refuse 5- 0

32.  Lanora F. Bunch v. Glen Roberts, Executor of Emma Roberts, No. 061883 (Filed 7/10/06)
The Petitioner seeks an appeal of the circuit court’s (May 10, 2006) order that granted the Defendant’s motion to dismiss the Petitioner’s civil action that was brought as a result of a vehicle accident. Petitioner seeks a reversal of that decision. - Deferred

33.  Jill Leann Tyler v. Christopher Wayne Tyler, No. 061973 (Filed 7/18/06)
The Petitioner/Husband seeks an appeal of the circuit court’s (February 21, 2006) order that denied his appeal from the family court’s denial of his request to re-open the case and its award of attorney fees to the Respondent/Wife. The family court had awarded the Respondent/Wife $5,000 in attorney fees. The Petitioner seeks a reversal of the family court’s ruling awarding attorney fees and denying the motion to re-open, an order to re-open, an order requiring the Respondent to make a full financial disclosure, an order enjoining the family law judge to dispose of pre-marital or post separation assets/debts and to reverse the circuit court’s denial of the appeal. - Refuse 5- 0

34.  SER Lillie Mae Trail v. James J. Ielapi, Warden, No. 052389 (Filed 10/20/05)
The Petitioner seeks a habeas after her 1997 conviction of First Degree Murder where she was sentenced to life without mercy. - Grant 5- 0 Unless Sooner Mooted

35.  SER James L. Reed v. William Fox, Warden, No. 061503 (Filed 6/6/06)
The Petitioner seeks habeas relief by requesting good time for time he allegedly spent in jail awaiting his parole revocation. - Refuse as Moot

36.  SER Mervin Todd Forloine v. Thomas McBride, Warden, No. 061846 (Filed 7/3/06)
The Petitioner seeks a mandamus to require the circuit court to reinstate his appeal time rights from the order revoking his probation (March 4, 2005), to appoint counsel and to order the production of transcripts from that hearing. - Refuse 5- 0

37.  SER Chrsitine Shipley v. Dale Humphreys, Warden, No. 061970 (Filed 7/17/06)
The Petitioner seeks habeas relief from her conviction of Burglary where she was sentenced to 1-10 years to be run consecutive to another Burglary sentence in Marion County. She seeks a concurrent sentence. - Refuse 5- 0

38.  SER Tony Gerlach v. Alfred E. Ferguson, Judge No. 052046 (Filed 9/13/05)
The Petitioner requests a writ of mandamus be issued against the circuit court to compel the court to take action on his habeas corpus petition. - Deferred

39.  SER Richard D. Murray, Sr. v. Christopher Wilkes, Judge, No. 061212 (Filed 5/4/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to give him credit for time he advised he served. - Refuse 5- 0

40.  SER Charles Falcone v. Ohio County Circuit Court, No. 061349 (Filed 5/16/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to act on his habeas petition. - Deferred

41.  SER James F. Pipes v. Berkeley County Circuit Court, No. 061581 (Filed 6/13/06)
The Petitioner seeks a mandamus requiring the circuit court to take action on his motions and to have a habeas hearing. He requests that an out of state attorney be appointed or one not in the Eastern Panhandle. - Deferred

42.  SER Mark Hosea v. Raleigh County Circuit Court , No. 061865 (Filed 6/26/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to file his motion for credit for time served and to issue a decision on the motion. - Refuse as Moot

43.  SER Hubert Lusk v. Ritchie County Circuit Court, No. 061847 (Filed 7/5/06)
The Petitioner seeks a mandamus to compel the circuit court to take action on his habeas petition. - Deferred

44.  SER David Walker v. John Hutchinson, Judge, No. 062080 (Filed 7/25/06)
The Petitioner seeks a mandamus to compel the circuit court to take action on his habeas petition. - Grant 5- 0 Unless Sooner Mooted

45.  SER Benton Scott v. John T. Madden, Judge, No. 061999 (Filed 7/21/05)
The Petitioner seeks a writ of prohibition against the circuit court to prevent the court from hearing any appeal in the Petitioner’s civil case because he advises the time period for appeal had expired. - Refuse 5- 0

46.  In the Matter of: Jed W. and Ethan W., No. 062008 (Filed 7/21/06)
The Petitioner/Father seeks an appeal of the circuit court’s (March 14, 2006) order that terminated his parental rights to his two children. The Petitioner claims the court erred in denying his motion for the children to testify and by denying his motion for a dispositional improvement period. - Refuse 5- 0

47.  In the Matter of: Morgan T. And Charles T., No. 062113 (Filed 8/2/06)
The Petitioner seeks an appeal of the circuit court’s (February 28, 2006) order that terminated his parental rights to his two children. He seeks a reversal or a remand for an improvement period. - Refuse 5- 0

48.  In the Matter of: Kayla S.; Corey S.; & Arlie H., Jr., No. 062121 (Filed 8/2/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (June 26, 2006) order that terminated her parental rights. She seeks a remand and a improvement period. - Refuse 5- 0

49.  In the Matter of: Kayla S.; Corey S.; & Arlie H., Jr., No. 062522 (Filed 9/18/06)
The Petitioner/Father seeks an appeal of the circuit court’s (June 26, 2006) order that terminated his parental rights. He seeks a remand and to be granted an improvement period. - Refuse 5- 0

50.  In the Matter of: David H. and Elizabeth H., No. 062170 (Filed 8/9/06)
The Petitioner/Father seeks an appeal of the circuit court’s (January 10, 2006) order that terminated his parental rights. He seeks custody of the children. - Refuse 5- 0

51.  Warren Thornhill, III v. EMCO Glade Springs Hospitality, LLC, No. 060645 
(Filed 3/20/06)
Mr. Thornhill, an attorney proceeding in his own interest, appeals the circuit court’s 02/07/06 Final Order, which incorporated by reference a Memorandum dated 02/06/06 finding that the Restricted Covenants, amended in 1999, applying to Phase One of Glade Springs, a development of Glade Springs Land Co. in Raleigh County, West Virginia contain no prohibition on the operation of motorcycles on roads within Phase I. Accordingly, the court granted EMCO’s Motion and Supplemental Motion for Summary Judgment, denied Mr. Thornhill injunctive relief against EMCO’s decision to allow the operation of motorcycles on the 2.2 mile portion of Lake Drive from the entrance of Glade Springs to the clubhouse area, and ruled that the issues raised by the Intervenor Property Owners Association had been rendered moot. - Refuse 5- 0

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