Writ Conference

Thursday, October 8, 2009

Defendant, convicted by jury of 4 counts of Sexual Abuse by a Parent, 4 counts of Third Degree Sexual Assault, 4 counts of Incest, appeals circuit court order sentencing him to serve concurrent terms amounting to 10-20 years in prison, arguing multiple trial errors dealing with the Rape Shield law as well as insufficiency of the evidence and ineffectiveness of trial counsel. Refuse 5 - 0

Defendant, convicted of 6 counts of First Degree Sexual Assault and 1 count of First Degree Sexual Abuse and one Count of Third Degree Sexual Assault by jury, appeals circuit court order sentencing him to serve 46-110 years in prison. Refuse 5 - 0

Defendant, convicted of misdemeanor Third Degree Sexual Abuse and Felony Malicious Assault by guilty plea, appeals circuit court order sentencing him to serve a concurrent sentence of 2-10 years and 90 days, arguing that his sentence is excessive and disproportionate. Refuse 5 - 0

Defendant seeks issuance of a writ of habeas corpus, arguing that he is entitled to immediate release from incarceration due to Magistrate’s addition of requirement that he could not serve as a trustee in order to qualify for good time credit. Refuse as Moot (Ketchum, J. Disqualified)

Defendant seeks issuance of a writ of mandamus arguing unreasonable delay in the resolution of the underlying habeas action. Refuse 5 - 0

6.  SER Mary Greene v. Wood County Circuit Court, No. 090012 (Filed 1/5/09)

Defendant seeks issuance of a writ of mandamus against the circuit court and police department for return of personal property taken pursuant to a 2003 search of her home. Refuse 5 - 0

Defendant seeks issuance of a writ of mandamus arguing that his court appointed counsel is not communicating with him in regard to his underlying habeas proceeding. Deferred

Habeas petitioner below seeks issuance of a writ of mandamus to require the circuit court to remove his current appointed counsel for lack of diligence, to appoint new counsel and to order current counsel to return file materials that petitioner had given him. Refuse as Moot

Defendant seeks issuance of a writ of mandamus arguing that a legal filing he mailed from prison was not received by this Court. Refuse 5 - 0

Habeas petitioner below seeks issuance of a writ of mandamus arguing that circuit court has failed to rule upon his underlying habeas corpus petition, which has been pending for six years. Grant  5 - 0 Unless Sooner Mooted

Defendant seeks issuance of a writ of prohibition to prevent the circuit court from enforcing its order staying the DOC from releasing Defendant from custody and ordering Defendant to serve a sentence of 18 years in prison. Grant  5 - 0

Father appeals circuit court order terminating his parental rights. Refuse 5 - 0

Father appeals circuit court order terminating his parental rights. Refuse 5 - 0

Maternal Grandmother appeals circuit court order declining to place children with her following termination of parental rights. Refuse 5 - 0

Mother appeals circuit court order terminating her parental rights and declining to place children in a relative placement. Refuse 5 - 0

Father appeals circuit court order terminating his parental rights. Refuse 5 - 0

Mother appeals circuit court order denying her Rule 60(b) motion for relief from the adjudicatory order in this abuse and neglect case. Refuse 5 - 0

Mother in abuse and neglect action appeals circuit court order attributing her with the income of a dentist of $150,000 and calculating arrears in this amount retroactive to April 1, 2007, in the amount of $18,257.37. Refuse 5 - 0

Mother appeals circuit court order requiring her to pay Father’s attorney fees and costs in abuse and neglect action. Grant  3-2 (Benjamin, C. J., Davis, J.)

Mother appeals circuit court order terminating her parental rights and denying further contact with children. Refuse 5 - 0 (Justice Workman would grant as to the denial of post-termination visits)

Petitioner appeals his conviction of three counts of forging a public record and three counts of uttering a public record in relation to his lying about his true identity by signing a fingerprint card with an alias. Petitioner now appeals, arguing that he was arrested on an invalid search warrant and that his social security card, which gave him away, came from an unlawful seizure. Refuse 5 - 0

Petitioner appeals his sentence of 31 to 75 years in prison following his guilty plea to 22 counts of sexual assault in the third degree; 31 counts of sexual abuse by a parent, guardian, or custodian; and 31 counts of incest. He argues that his sentence is excessive and cruel and unusual. He also argues that the court abused its discretion in ordering him to have no contact with this son until that son turns 18. Refuse 5 - 0

Petitioner files a petition for writ of habeas corpus, challenging his 2009 conviction and sentencing for malicious wounding and alleging that he was wrongfully convicted, denied effective assistance of counsel, and wrongfully sentenced. Refuse 5 - 0

Petitioner files this petition for writ of habeas corpus, arguing that he has been denied what he believes to be 60 days of good time and 91 days of work time that "every other inmate" convicted of misdemeanor crimes is credited. Refuse 5 - 0

Petitioner files this petition for writ of habeas corpus, arguing that he has been denied his Due Process and Eighth Amendment rights when the court determined the sentence and prepared the sentencing order prior to the sentencing hearing; that he suffered ineffective assistance of counsel; and that his plea was not entered knowingly, willingly, intelligently, and voluntarily. Refuse 5 - 0

Petitioner seeks to compel the lower court to rule on a petition for writ of habeas corpus that he believes he filed in 2008. However, the Circuit Clerk’s Office has no record of such a petition being filed by Petitioner. Refuse 5 - 0

Petitioner/Father appeals the termination of his parental rights, arguing that the court erred in terminating parental rights without showing a change in circumstances following the granting of an improvement period just two days prior to the motion to terminate and that the court erred in not finding that there was no reasonable likelihood that the conditions of neglect or abuse could be substantially corrected in the near future. Refuse 5 - 0

Petitioner/Mother appeals the termination of her parental rights and the denial of her motion for an improvement period. Refuse 5 - 0

Petitioner/Father appeals the termination of his parental rights. Deferred

Petitioner/Grandmother/Legal Guardian appeals the termination of her parental rights, citing a lack of evidence and the court’s refusal to continue the disposition hearing. Refuse 5 - 0

Petitioner/Father appeals the termination of his parental rights, arguing that he should have been granted an improvement period and that there was not enough evidence to terminate his parental rights. Refuse 5 - 0

Petitioner/Mother appeals the termination of her parental rights, arguing that she should have been granted an improvement period and that there was not enough evidence presented to terminate parental rights. Refuse 5 - 0

Petitioner/Mother appeals the termination of her parental rights, arguing that she just needed more time to make improvement. Refuse 5 - 0