1. State of West Virginia v. Elijah T. Armstrong, No. 051212 (Filed 6/3/05)
Defendant, charged with speeding and reckless driving, pled no contest to the speeding charge. He was then tried and convicted by magistrate court jury of reckless driving. He appeals circuit court order upholding the conviction on appeal, arguing that the circuit court erred in rejecting the Double Jeopardy arguments raised below, and erred in rejecting the argument that Crim. Pro. Rule 8 requiring mandatory joinder was violated by the decision upholding the defendant’s conviction for reckless driving.

Refuse 5 - 0

2. State of West Virginia v. Edwin Mack Taylor, No. 051306 (Filed 6/14/05)
Upon reversal of prior conviction by this Court and remand for new trial, Defendant was again convicted by jury of grand larceny and petit larceny and sentenced to 1-10 years in prison and six months in jail to run concurrently. He appeals his conviction upon remand, arguing that the circuit court erred on remand when it found a legitimate purpose for the use of 404(b) evidence in the form of testimony regarding Defendant’s prior acts of stealing property and prior acts of stealing property to fund his drug use. Defendant also argues that even assuming arguendo that there was a legitimate purpose for the use of the 404(b) prior theft and drug evidence, that the circuit court abused its discretion in finding that the probative value of that evidence outweighed any prejudicial effect.

Refuse 5 - 0

3. State of West Virginia v. John Copley, No. 051634 (Filed 7/28/05)
Defendant, convicted by jury of three counts of Delivery of a Controlled Substance and sentenced to serve two consecutive 1-5 year terms in prison, appeals circuit court order, arguing that the policy of the Prosecuting Attorney in Refusing to Enter into Plea Negotiations if Complete Discovery is given is in effect denial of the Defendant’s Right to Discovery and arguing that the circuit court erred in denying the Defendant’s Request for Appointment of New Counsel due to Miscommunication between Defendant and his current counsel during plea negotiations.

Refuse 5 - 0

4. State of West Virginia v. Ernest James Vance, Jr. No. 051649 (Filed 8/1/05)
Defendant, convicted by jury of malicious assault and sentenced to serve 2-10 years in prison, appeals circuit court order, arguing the circuit court erred in permitting the State to introduce evidence of collateral crimes without the required Notice of Intent to Use 404(b) Evidence and On-The-Record determination as to the Admissibility of the Evidence.

Refuse 5 - 0

5. State of West Virginia v. Jackie Keener, No. 051650 (Filed 8/1/05)
Defendant, convicted by jury as an Accessory Before the Fact/Principal in the First Degree and sentenced to 30 days in regional jail and suspended 1-5 years in prison with five years’ probation, appeals circuit court order, arguing that the circuit court erred in denying defense motion for mistrial based upon the introduction of prejudicial evidence of another drug sale by the State and reinforced by the State by reference in closing argument.

Refuse 5 - 0

6. State of West Virginia v. Belcher Grady, No. 051682 (Filed 8/8/05) 
Defendant, sentenced to concurrent twenty (20) year sentences for kidnaping and first degree robbery, appeals circuit court order denying his motion for Rule 35(b) reduction of sentence, arguing that the circuit court erred by denying his initial motion for commitment to the Anthony Center as punishment for kidnaping and robbery convictions and by denying his subsequent Rule 35(b) motion. 

Refuse 4 - 1
[ Starcher, J. ]

7. State of West Virginia v. Floyd A. Epperson, No. 051707 (Filed 8/12/05)
Defendant, convicted of First Offense DUI, appeals circuit court order sentencing him to 24 hours in jail and $100 fine, arguing that the State of West Virginia violated Petitioner’s Speedy Trial Rights by the unjustified and lengthy delay of his trial and arguing that W.Va. Code Section 61-11-9 had been violated due to the one year plus absence of this case from the court docket.

Refuse 5 - 0

8. City of Bluefield v. Floyd Epperson, No. 051708 (Filed 8/12/05) 
Defendant, convicted by bench trial of second offense domestic assault, appeals circuit court order arguing the Defendant’s Sixth Amendment right to confront his accuser was violated during a trial where the accuser was not present and that during the later appeal the accuser could not remember the event.

Refuse 5 - 0

9. Charles Hawkins v. United States Sports Assoc. et. al, No. 050672 (Filed 3/29/05)
Plaintiffs in personal injury action below appeal circuit court order of summary judgment to Defendants, arguing that the court erred in granting summary judgment when the Defendants had been found to have a duty of care and when subsequent elements such as negligence, due care, proximate cause and concurrent negligence were issues of fact.

Grant 3 - 2
( Davis J., Maynard, J.)

10. In the Matter of: Scotty V. and Tiffany V., No. 051233 (Filed 6/6/05) 
Petitioner/Mother appeals the termination of her visitation rights arguing that the circuit court erred by refusing to grant visitation, and various procedural errors. 

Refuse 4 - 1
[ Starcher, J. ]

11. State of West Virginia v. Jeremy Daniel Whipkey, No. 051166 (Filed 5/26/05) 
Defendant, pled guilty to Driving While Under the Influence of Alcohol, Third Offense, and was sentenced to the penitentiary for not less than 1 nor more than 3 years. He appeals the sentence as excessive and disproportional based on the plea agreement, the nature of the crime, the facts of this case, and his limited criminal record. 

Refuse 5 - 0

12. State of West Virginia v. Alisha Schindler, No. 051347 (Filed 6/16/05)
Petitioner seeks an appeal from the circuit court’s order denying her motion for reconsideration of her sentence. (03-F-2)

Refuse 5 - 0

13. State of West Virginia v. Rodney Ray Lemley, No. 051350 (Filed 6/16/05) 
The petitioner pled guilty to Arson in First Degree and was sentenced to 8 years in the penitentiary with a credit of 41 days for time served. The court recommended that he serve the maximum of his sentence. The petitioner request an appeal alleging that his sentence was excessive upon his Alford guilty plea.

Refuse 5 - 0

14. State of West Virginia v. Sandra K. Holt, No. 051392 (Filed 6/22/05) 
The petitioner requests an appeal of the circuit court’s order of February 23, 2004, where the court denied the petitioner’s motion to suppress a statement made to the police. In addition, the petitioner request an appeal of the April 26, 2004 order that sentenced her to serve1-5 years in the penitentiary to run consecutively with a prior sentence for Third Offense DUI.

Refuse 5 - 0

15. St. Francis Hospital v. WV Health Care Authority/Thomas Hospital, No. 051141(Filed 5/25/05)
The petitioner seeks an appeal of the circuit court’s order that upheld the decision of the Office of Judges and the decision of the West Virginia Health Care Authority that authorized a Certificate of Need for a cardiac catheterization laboratory at Thomas Memorial Hospital.

Refuse 5 - 0

16. SER Carl Durgan v. James Huppenthal, Administrator, No. 051280 (Filed 6/8/05) 
Petitioner seeks a writ of Habeas Corpus to be released from jail and to get a transcript from the Parole Board.

Refuse 5 - 0

17. SER Kevin A. Wade v. McDowell County Circuit Court, No. 052029 (Filed 9/19/05)
The Petitioner seeks a Writ of Mandamus for this Court to issue a rule against McDowell County Circuit Judge Hon. Rudolph J. Muresnsky, II, to show why the writ prayed for should not be awarded and to order that a criminal case proceed and remove the judge from the case.

Refuse 5 - 0

18. In the Matter of: Whitney Irene N., No. 051595 (Filed 7/26/05) 
The petitioner appeals the circuit’s ruling that denied her motion to intervene in the guardianship of the child and in the appointment of Sharon J. as the child’s guardian. 

Refuse 5 - 0

19. In the Matter of: Caylee and Alexis S., No. 051503 (Filed 7/11/05) 
Mother and Father seek an appeal of the circuit court’s order that terminated parental rights of both parents. In addition, the parents seek reversal of the circuit court’s order denying post-termination visitation and denying a stay pending appeal. 

Refuse 5 - 0

20. In the Matter of: Damir B. and Siani P., No. 051559 (Filed 7/20/05) 
Mother appeals the circuit court’s order of April 7, 2005, that terminated her parental rights.

Refuse 5 - 0

21. In the Matter of: Tyree P., No. 051709 (Filed 8/12/05)
The petitioner requests an appeal of the circuit court’s order that terminated his parental rights.

Refuse 5 - 0

 Home | Opinions | Site Map | Law Library | Rules Staff | Search | Terms of Use