West Virginia Supreme Court of Appeals

Writ Conference

Thursday, September 25, 2003  

 

1. State of West Virginia v. William H. Schaller, No. 030207 (Filed 2/24/03)

Defendant, pro se, moves for renewal of previously refused petition appealing circuit court order affirming magistrate court ruling which fined Defendant for speeding, arguing that the magistrate court committed multiple procedural errors in the handling of the traffic case.

Refuse 5-0

 2. In the Matter of: Timothy H. and Anastasia H., No. 031433 (Father’s Petition) (Filed 7/16/03)

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

Refuse 5-0

3. In the Matter of: Timothy H. and Anastasia H., No. 031931 (Mother’s Petition) (Filed 9/8/03)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court improperly terminated her parental rights without allowing an improvement period. 

Refuse 5-0

4. In the Matter of: Zachary, Andrew, Legion, James and Nathaniel K., No. 031516 (Filed 7/22/03)

Mother appeals circuit court order terminating her parental rights, arguing that the court erred in choosing to terminate rather than permanently placing all children with her parents. 

Refuse 5-0

5. In the Matter of: Skyler P, No. 031437 (Filed 7/16/03)

Petitioner/Father appeals the termination of his parental rights alleging that the circuit court erred when it entered orders finding that Petitioner/Father had abandoned and neglected Skyler and terminating his parental rights, that the circuit court erred when it denied Petitioner/Father’s motion for post-termination visitation, and that the circuit court erred when it permitted the State to introduce evidence of allegations outside the scope of the petition.

Refuse 5-0

6. In the Matter of: Tyler D., Alexander A., and Nevaeh D., No. 031281 (Filed 6/18/03)

Petitioner/Mother appeals circuit court finding of abuse and neglect and the subsequent termination of her parental rights alleging that the circuit court and this Court erred in that Amanda W. was not given an opportunity to be heard at a dispositional hearing pursuant to W.Va. Code § 49-6-5(a), the circuit court and this Court erred in not providing Petitioner/Mother an alternative disposition or a post-dispositional improvement period pursuant to W.Va. Code § 49-6-5© and Rule 37 of the West Virginia Rules of Procedure for Child Abuse and Neglect, the circuit court and this Court erred in exercising jurisdiction over Petitioner/Mother and/or all three children in the above-styled action, and the circuit court and this Court erred in terminating Petitioner/Mother’s rights by Order from this Court which heard the appeal in this matter more than 60 days from the dispositional order.

Refuse 5-0

 7. In the Matter of: Felicia S., Brandon S., and Quinton G. No. 031496 (Filed 7/18/03)

Petitioner/Father appeals the termination of his parental rights and the denial of his motions for improvement periods. 

Refuse 5-0

8. In the Matter of: Felicia S., Brandon S., and Quinton G. No. 031720 (Filed 8/14/03)

Petitioners appeal court order declining to terminate parental rights.

Refuse 4- 1
(Davis, J.)

9. In the Matter of: Felicia S., Brandon S., and Quinton G., No. 032075 (Filed 9/19/03)

Petitioner/Father appeals court’s order directing him to pay child support following the termination of Petitioner/Father’s parental rights.

Refuse 5-0

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