Writ Conference
Thursday, September 25, 2008
Justice
Albright did not participate in the consideration or decision of the cases on
this docket.
Senior Status Justice McHugh sitting by temporary assignment.
1. State of West Virginia v. Sabrina Metheney, No. 081524 (Filed 7/28/08)
Defendant, convicted of Operating a Clandestine Drug Lab and sentenced to 2-10 years in prison, appeals circuit court order denying mandamus seeking copies of records and transcripts from underlying felony case.
Refuse 5 - 0
2. State of West Virginia v. Richard Ernst, No. 081573 (Filed 8/1/08)
Defendant, convicted of multiple counts of Attempted First Degree Robbery and other crimes by guilty plea, appeals circuit court order sentencing him to serve 30 years, 2-10 and 1-15 years consecutively, arguing that the circuit court’s sentence was harsh and disproportionate to the sentencing of his co-Defendant.
Refuse 5 - 0
3. State of West Virginia v. Ray C. Smith, No. 081692 (Filed 8/22/08)
Defendant, convicted of Wanton Endangerment involving a firearm by guilty plea, appeals circuit court order sentencing him to serve 2 ½ years in prison, arguing that the Defendant’s sentence was excessive and disproportionate given the nature of the crime, his advanced age, his intelligence and the plea agreement.
Refuse 5 - 0
4. Dewey Lee Mullins v. Thomas McBride, No. 081472 (Filed 7/17/08)
Habeas petitioner below appeals circuit court order denying habeas corpus relief.
Refuse 5 - 0
5. Willie Baker v. Abdul QM Bhatti, No. 081808 (Filed 9/8/08)
Defendant below appeals circuit court judgment in favor of Plaintiff following bench trial in suit seeking payment for accounting services.
Refuse 5 - 0
6. Karen Kobily v. J. Jeffery Jaskolka, No. 081045 (Filed 5/2/08)
Plaintiff in domestic relations case appeals circuit court order denying her appeal of Family Court order.
Refuse 5 - 0
7. SER Cynthia Lane v. Adrian Hoke, Warden, No. 080927 (Filed 4/11/08)
Defendant, convicted by jury of Second Degree Murder and sentenced to 10-30 years in prison, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel.
Grant 5 - 0
Returnable Below
8. In the Matter of: Braydon S., No. 081463 (Filed 7/22/08)
Father appeals circuit court order which terminated the custodial but not parental rights of mother in abuse and neglect action.
Refuse 5 - 0
9. In the Matter of: Lakiem, Jamyla, and Joshua S., No. 081526 (Filed 7/28/08)
Mother appeals circuit court order terminating her parental rights.
Refuse 5 - 0
10. In the Matter of: Alisha M., No. 081589 (Filed 8/6/08)
Mother appeals circuit court order terminating her parental rights.
Refuse 5 - 0
11. In the Matter of: Haley and Jessica M., No. 081602 (Filed 8/6/08)
Mother appeals circuit court order terminating her parental rights.
Refuse 5 - 0
12. In the Matter of: Samantha and Michelle L., No. 081603 (Filed 8/7/08)
Father appeals circuit court order terminating his parental rights.
Refuse 5 - 0
13. In the Matter of: Brandon M., Amber M., Cassandra M. & Jayla M., No. 081636 (Filed 8/13/08)
Mother appeals circuit court order terminating her parental rights.
Refuse 5 - 0
14. In the Matter of: Christy J., No. 081643 (Filed 8/13/08)
Mother appeals circuit court order terminating her parental rights.
Refuse 5 - 0
15. In the Matter of: Kaylie Shay H., No. 080728 (Filed 3/19/08)
Petitioners/Grandparents appeal the lower court’s denial of their motion for custody of their grandchild following the termination of the parental rights of the child’s parents.
Refuse 5 - 0
16. In the Matter of: Maranda T., No. 081401 (Filed 7/2/08)
Petitioner/Mother appeals the denial of her motion for a post-dispositional improvement period and the termination of her parental rights.
Grant 5 - 0
17. In the Matter of: Destyne W., No. 081421 (Filed 7/8/08)
Petitioner/Mother appeals the termination of her parental rights.
Refuse 5 - 0
18. In the Matter of: Kelsey Dawn C. & Jonathan H., No. 081473 (Filed 7/17/08)
Petitioner/Father appeals the termination of his parental rights.
Refuse 5 - 0
19. In the Matter of: Janice Charity G., No. 081469 (Filed 7/18/08)
Petitioner/Mother appeals the termination of her parental rights.
Refuse 5 - 0
20. In the Matter of: Dariana J.J. and Molly H., No. 081540 (Filed 7/29/08)
Petitioner/Mother appeals the termination of her parental rights.
Refuse 5 - 0
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