2. State of West Virginia v. Anthony Merchant, No. 021518

Criminal defendant, pro se, appeals circuit court order accepting his guilty plea to one count of uttering and one count of taking the identity of another and sentencing him to serve an indeterminate 1-10 for the uttering and two years for the taking of identity of another person, arguing that the indictment was defective as it did not properly allege a crime or provide notice to defendant of charges, and that the circuit court erred in accepting his Frazier plea as it was not knowing or voluntary.

3. State of West Virginia v. Rodney Wiley, No. 021558

Criminal defendant appeals the circuit court order reimposing original sentence of 25 years in the penitentiary for aggravated robbery when the defendant failed to succeed in the youthful offender program of the Anthony Center, arguing that the sentence was disportionate and unconstitutional.

4. State of West Virginia v. Thomas Duane Rodenish, II, No. 021572

Defendant appeals circuit court order sentencing him to a suspended sentence of 1-5 years with five years probation (following his service of one year on concurrent sentences for misdemeanor convictions) based upon jury conviction to third offense domestic assault; he must serve one year in the regional jail and pay $500 fine each for the concurrent jury convictions for the misdemeanor violation of a protective order and possession of a firearm while a protective order was in place.

5. Howard E. Courtney v. Catherine J. (Courtney) Jenkins, No. 021182

Former wife appeals circuit court order holding that she is not entitled to any portion of disability benefits flowing from her former husband’s railroad retirement fund.

Refuse 4-1
(McGraw, J.)

6. Duane Adams et al. v. Consolidated Rail Corp., No. 021190

Civil defendant below appeals circuit court order enforcing settlement of personal injury claim with respondent plaintiff below for $85,000.

7. Connie Dillon, et al. v. Raleigh County Board of Education, No. 021235

Board of Education appeals circuit court orders issuing a permanent injunction to prevent the Board from closing Marsh Fork High School and issuing a mandamus for respondent challengers of school closing finding that the Board failed to observe the procedures relevant to the development of a ten year Comprehensive Educational Facilities Plan.

8. Daniel Richard Donnally, II v. State of West Virginia, No. 021395

Criminal defendant appeals circuit court order summarily denying his petition for habeas corpus based upon his assertions of ineffective assistance of counsel by failure to file direct appeal of his conviction of battery upon police officer.

9. SER Gary Ferrell v. Mark Williamson, Warden, No. 020902

Criminal defendant seeks issuance of a writ of habeas corpus, alleging multiple constitutional violations in the conduct of his underlying criminal trial.

10. SER John H. Cecil v. Marion County Circuit Court, No. 021051

Prisoner seeks issuance of a mandamus to force one of several counties to accept filing of his divorce action against his wife whom he married while in prison and whose whereabouts are unknown to him.

11. SER Ivena Ann Edgell v. Timothy Bowen, No. 021175

Petitioner/Defendant seeks issuance of writ of habeas corpus alleging that she did not receive effective assistance of counsel, that the circuit court judge should have recused himself from the case, that the Regional Jail system offers no effective treatment programs for mental illness, and that the lack of treatment of Petitioner/Defendant’s mental illness constitutes cruel and unusual punishment.

12. SER Clyde Birdsall v. Evelyn Seifert, No. 021176

Petitioner/Defendant seeks issuance of writ of habeas corpus alleging that he was denied effective assistance of counsel and denied his right of appeal.

Returnable below for Omnibus Hearing and appointment of counsel.

13. SER Rush Runyon v. Michael Coleman, No. 021133

Petitioner/Defendant seeks issuance of writ of habeas corpus alleging that he received an illegal sentence, that he made an involuntary and unintelligent plea, and that he did not receive effective assistance of counsel.

14. In the Matter of: Dakota C., No. 021363

Petitioner/Mother appeals circuit court order terminating her parental rights arising from the alleged abuse of her son by her live-in boyfriend. The court determined that Petitioner/Mother had failed to protect her son and concluded that Petitioner/Mother’s continued cohabitation with her boyfriend made it unlikely that she would or could ever protect her child from further abuse.

15. In the Matter of: Austin B. And Dezorai C., No. 021366

Petitioner/Mother appeals circuit court order terminating her parental rights and asks this Court to remand the matter to the circuit court for consideration of an alternate disposition as provided by West Virginia Code § 49-6-5(c).

16. In the Matter of: Lincoln M., No. 021428

Petitioner/Mother appeals circuit court order terminating her parental rights and denying her motion for post-dispositional improvement period. Petitioner/Mother argues that the court erred in failing to make findings which stated that the evidence supporting termination of parental rights was clear and convincing, that the court erred in denying a post-dispositional improvement period without making findings of compelling circumstances sufficient to justify the denial of an improvement period, and that the court erred in denying post-dispositional visitation or improvement period because the court’s findings that Lincoln had not formed a bond with his mother is clearly wrong or not supported by substantial evidence.

17. In the Matter of: Joseph C., Mark C., Samuel C., and Valerie F. No. 021509

Petitioner/Mother appeals circuit court order terminating her parental rights and denying her an improvement period, arguing that Petitioner/Mother did show that there was a reasonable likelihood that the conditions of neglect and abuse suffered by her children can be substantially corrected in the near future.