1. State of West Virginia v. Josh Lee Campbell, No. 020885

Criminal defendant appeals circuit court order refusing motion for new trial in arson case based upon ruling that defendant’s taped confession was knowing and voluntary.

Refuse 5- 0

2. State of West Virginia v. Eric Good, No. 020904

Criminal defendant appeals circuit court order denying his motion for reduction of sentence of twenty years for aggravated robbery and 1-15 years for daytime burglary, asserting that the circuit court erred in finding that the motion should be denied as untimely.

Refuse 3-2
(Starcher, .J., Albright, J.)

3. State of West Virginia v. Vincent Tolliver Wolfe, Jr., No. 021104

Criminal defendant appeals circuit court order denying his motion to suppress evidence seized in allegedly illegal search.

Refuse 5- 0

4. State of West Virginia v. Winford Buddy Ellis, No. 021179

Criminal defendant, sentenced to 30 years based upon guilty plea to second degree murder, appeals circuit court order denying his motion to reconsider the imposition of the thirty year sentence, arguing that the circuit court erred in not reducing the sentence based upon the statements of victim’s mother that the thirty year sentence was excessive and that the defendant was bettering himself by learning to read and write in prison.

Refuse 5- 0

5. State of West Virginia v. Ralph Tennant, Jr., No. 021248

Criminal defendant, convicted of four counts of first degree sexual assault, seeks issuance of a writ of mandamus against the circuit court which has twice denied his motions to present his assertions of alleged perjury by the investigating officer and the assistant prosecutor before the grand jury.

Refuse 5- 0

6. Lillian Midkiff et al. v. Wayne Cty. Board of Education, No. 021046

Board of Education appeals circuit court order reversing decision of administrative board holding that the daily planning periods of respondents, eighty-two teachers, are limited to sixty minutes, and holding that W.Va. Code § 18A-4-14(2) requires that a teacher whose normal teaching period is ninety minutes be given a planning period of the same length of time.

Refuse 4- 1
(Maynard, J.)

7. Weyland D. Logue v. Kenneth Flanagan, No. 021116

Buyers/plaintiffs below appeal circuit court order granting summary judgment to sellers of unimproved property which plaintiffs assert contained a defective septic system.

Grant  5- 0

8. State of West Virginia v. James Raymond Stone, No. 021117

Alleged fugitive from justice appeals denial of petition for writ of habeas corpus in an extradition/ fugitive from justice action based upon failure to pay child support in Wisconsin.

Refuse 5- 0

9. SER Richard Abbott v. William Fox, Warden, No. 020717

Prisoner seeks issuance of a writ of mandamus or habeas corpus to address prison conditions including failure to provide medically ordered footwear.

Refuse 5- 0

10. SER Steven Creamer v. James Spencer, Warden, No. 020821

Criminal defendant, sentenced to an indeterminate term of 1-10 years for one count of felony uttering, seeks issuance of a writ of habeas corpus to release him from his current incarceration for to a Day Report Center, arguing that he was unfairly denied reduction of his sentence.

Refuse 5- 0

11. SER Tammy L. Andis v. Thomas Scott, Admin., No. 020809

Criminal defendant, sentenced to concurrent indeterminate sentences of 1-5 (conspiracy), 1-10 (forgery), 1-10 (uttering) seeks issuance of a writ of habeas corpus, asserting that her guilty plea was not knowing and voluntary and asserting that she did not receive effective assistance of counsel.

Refuse 5- 0

12. SER Cory L. Brown v. William S. Haines, Warden, No. 020864

Criminal defendant seeks issuance of writ of habeas corpus, asserting that he is entitled to a new trial due to expert testimony which he alleges was tainted by failure to conduct proper testing.

Refuse 5- 0

13. SER Larry F. Dean v. William S. Haines, Warden, No. 020865

Criminal defendant seeks issuance of a writ of habeas corpus, asserting that he is improperly incarcerated as he should have already discharged his original sentence but has not been released solely due to loss of good time credit from a 1993 magistrate conviction for assault and battery based upon throwing water on a guard.

Deferred

14. SER Paul Schybal v. William Haines, Warden, No. 020916

Criminal defendant seeks issuance of a writ of habeas corpus, asserting that the circuit court erred in revoking his probation due to a finding of driving under the influence and in re-imposing his original sentence of 1-5 years for unlawful assault, with credit for time served.

Refuse 5- 0

15. SER Kenny D. Sayre v. Michael Coleman, Acting Warden, No. 020996

Prisoner sentenced to life imprisonment as a recidivist, seeks issuance of writ of habeas corpus challenging his life sentence on multiple grounds including alleged failure of the State to file a timely recidivist information, and ineffective assistance of trial counsel based upon alleged admission of guilt of prisoner during closing statements in his 1997 trial for kidnaping and burglary.

Refuse 5- 0

16. SER Joseph M. Brown v. Edward Rudloff, Administrator, No. 021129

Prisoner seeks issuance of a writ of habeas corpus asserting ineffective assistance of counsel in the negotiation and acceptance of his guilty plea to non-aggravated robbery and in regard to sentencing.

Refuse 5- 0

17. SER Dale Hamilton v. Ohio County Circuit Court, No. 020714

Petitioner seeks issuance of a writ of prohibition barring the circuit court from imposing requirement of lifetime registration as a sex offender.

Refuse 5- 0

18. In the Matter of: Justin, Brittany, Courtney, and William, No. 020937

Father appeals circuit court order terminating his parental rights, asserting that the circuit court erred in terminating his parental rights rather than seeking a less restrictive alternative, the circuit court erred in accepting respondent mother’s voluntary relinquishment of her parental rights, and the circuit court erred in permitting only transitional visitation following termination of father’s parental rights.

Refuse 5- 0

19. In the Matter of: Eileen K. and James K., No. 021072

Mother appeals circuit court order terminating her parental rights, asserting that the circuit court erred in denying improvement period.

Refuse 5- 0

20. In the Matter of: Ida Cora E., No. 021077

Father appeals circuit court order terminating his parental rights, asserting that the circuit court erred in allowing him to stipulate to the adjudication of his child as abused and neglected based upon asserted insufficiency of evidence of such abuse and neglect.

Refuse 5- 0

21. In the Matter of: Zachary R., No. 021081

Mother appeals circuit court order terminating her parental rights to child and awarding custody of child to his father.

Refuse 5- 0

22. In the Matter of: Dakota "Cody" D., No. 021119

Mother appeals circuit court order terminating her parental rights, asserting that the circuit court erred in denying her motion to dismiss for failure of jurisdiction, and in denying her an improvement period.

Refuse 5- 0

23. In the Matter of: Caleb C., No. 021148

Maternal grandparents appeal circuit court order granting custody of grandson to paternal grandmother and allowing them visitation rights, arguing that the circuit court erred in relying upon the child’s statements to determine change of custody was appropriate in regard to an alleged act of physical abuse and in concluding that the change of custody was in the child’s best interests.

Refuse 5- 0

24. In the Matter of: Bobby, Jr, Melissa and Shianna B, No. 021180 (Father’s Petition)

Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in failing to grant the father an improvement period and in terminating father’s parental rights rather than selecting a less drastic solution to the abuse and neglect of the children.

Refuse 5- 0

25. In the Matter of: Bobby, Jr, Melissa and Shianna B, No. 021181 (Mother’s Petition)

Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in failing to grant the mother an improvement period and in terminating mother’s parental rights rather than selecting a less drastic solution to the abuse and neglect of the children.

Refuse 5- 0

26. In the Matter of: Edward Stephen N., No. 021256

Maternal grandparents appeal circuit court order denying their petition for custody of their fourteen year old grandson, alleging that the grandson desires to live with them in West Virginia rather than with his parents in Virginia. The grandson makes allegations of abuse and neglect by the respondent parents.

Refuse 3-2
(McGraw, J., Albright, J.)

27. In the Matter of: Paige P., No. 021310 (Father’s Petition) (Mother’s petition is 021339)

Father appeals circuit court order terminating his parental rights to his two children, arguing that the circuit court erred in denying an improvement period, in terminating his rights and in denying his motion for post-termination visitation.

Refuse 5- 0

28. In the Matter of: Paige P., No. 021339 (Mother’s petition) (Father’s Petition is 021310)

Mother appeals circuit court order which failed to allow post-termination visitation between mother and five children.

Refuse 5- 0

29. In the Matter of: Kayla R., Manuel R. Jr. & Kimberly R., No. 021324

Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in terminating his parental rights and in the alternative, erred in denying post-termination visitation.

Refuse 4- 0
(Albright, J. Disqualified)

30. In the Matter of: Brandon, Danielle, Christie & Justin B., 021342

Mother appeals circuit court order terminating her parental rights, asserting that the circuit court erred in terminating her improvement period and in finding that there was sufficient evidence to support termination of her parental rights.

Refuse 5- 0

31. In the Matter of: Arianna J., No. 021348

Mother appeals circuit court order terminating her parental rights, arguing that she did not receive adequate notice of the dispositional hearing and arguing that the circuit court erred in terminating her parental rights, given several procedural errors by DHHR in handling the case in regard to the filing of the family plan and the proper conduct of multi-disciplinary team meetings.

Refuse 5- 0

32. In the Matter of: Shali Marie Lynn R., No. 021352

Putative father appeals circuit court order terminating his parental rights, arguing that he did not have actual notice of the proceedings and that the circuit court erred in proceeding to enter a final disposition terminating his parental rights at the adjudicatory hearing.

Refuse 4- 1
( Albright, J.)

33. State of West Virginia v. John Gorzynski, No. 021010

Criminal defendant appeals circuit court order denying Petitioner’s writ of habeas corpus and challenges his extradition to the State of New York.

Refuse 4- 1
( Albright, J.)

34. Gary A. Williamson v. Lewis Harden, No. 020918

Plaintiff below appeals circuit court order dismissing claims for abuse of process and outrage.

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

35. Phillip D. King v. Kim C. King, No. 020977

Husband appeals circuit court order setting aside a previously approved Property Settlement Agreement in a divorce case, alleging that the court erred in finding that there was no financial disclosure between the parties as required by West Virginia Code § 48-2-33 and Rule 11 of the Rules of Practice and Procedure for Family Law, in finding that there was no consideration given in exchange for Wife’s waiver of her interest in Husband’s 401(k) plan, and in finding that Wife believed that her interests were being represented by Husband’s counsel.

Refuse 5- 0

36. Rocky Peck v. Gus R. Douglass, No. 021068

Auctioneer appeals circuit court order affirming administrative action taken by the Commissioner of the West Virginia Department of Agriculture suspending Auctioneer’s auctioneer license and imposing a fine.

Refuse 5- 0

37. SER Crystal Thomas-Tonemah v. Thomas Scott, No. 020808

Criminal defendant seeks issuance of writ of habeas corpus, asserting that her guilty plea was not made knowingly or voluntarily and that she did not receive effective assistance of counsel.

Deferred

38. Larry O. Mathess v. Michael Coleman, No. 020863

Criminal defendant seeks issuance of writ of habeas corpus, asserting that life sentence imposed under recidivst statute for non-violent felony is disproportionate and unjust.

Refuse 3- 2
( Starcher, J., Albright, J.)

39. Marvin Lee Miller v. James Liller, No. 020905

Criminal defendant seeks issuance of writ of habeas corpus, alleging failure to credit time served, false imprisonment based on the reimposition of his original sentence following a probation violation, cruel and unusual punishment based on the reimposition of his original sentence following a probation violation, and deprivation of opportunity of parole based on the reimposition of his original sentence following a probation violation.

Refuse 5- 0

40. SER John S. Jackson v. James D. Spencer, No. 020953

Inmate seeks issuance of writ of habeas corpus, asking to be placed in an alternative sentencing program.

Refuse 5- 0

41. George Miller v. Michael Coleman, No. 021047

Criminal defendant seeks issuance of a writ of habeas corpus based on alleged ineffective assistance of counsel inasmuch as counsel failed to petition the trial court to conduct a competency hearing.

Refuse 5- 0

42. Steven Michael English v. WV Department of Corrections, No. 020810

Criminal defendant seeks the issuance of a writ of mandamus so that he might be moved from the Southwestern Regional Jail to a Department of Corrections facility for needed dental work which cannot be performed at the Southwestern Regional Jail.

Grant  5- 0
Unless sooner mooted

43. Lawrence Myers v. WV Probation and Parole, No. 020873

Criminal defendant seeks issuance of writ of habeas corpus, alleging violation of due process rights by the West Virginia Parole Board in that the Board questioned him in regard to matters not disclosed to him in a "Notice Document," cut him short in his answers to their questions, that the Board considered matters not within its purview, and that the Board usurped the powers of a judge.

Refuse 5- 0

44. Romie Gene Long v. Medical Administrator, et al., No. 020887

Criminal defendant seeks issuance of writ of mandamus compelling the Medical Administrator and Staff of Mount Olive Correctional Center to act on the defendant’s request for medical treatment from an outside source and/or to be sent to an outside facility for treatment of a medical condition.

Deferred

45. Danny C. Gillette v. WV Regional Jail Authority, No. 020896

Criminal defendant seeks issuance of writ of mandamus directing Respondent to answer all grievances submitted by the criminal defendant.

Refuse 5- 0

46. SER Carolyn Foose v. City of St. Albans, No. 021056

Female resident claiming handicapped status seeks issuance of writ of mandamus, compelling the St. Albans Police Department to enforce the law and Petitioner’s requests; compelling the Kanawha County Sheriff and State Police to enforce the law and her requests; compelling Century 21 or other realtors to abide by all laws when showing property adjacent to that of Petitioner; and compelling a formal apology from all individuals and agencies who deny the rights of the disabled.

Refuse 5- 0

47. SER Danette Pauley v. William Frederick, Administrator, No. 021080

Female inmate seeks issuance of writ of mandamus, compelling the Administrator of the South Central Regional Jail to address the alleged violation of the privacy rights of female prisoners.

Deferred

48. SER Royce D. Burdette v. Greenbrier County Circuit Court, No. 021130

Petitioner/inmate asks this Court to issue a writ of mandamus directing the Circuit Court of Greenbrier County to make specific findings of fact and conclusions of law relating to each contention advanced by Petitioner/Inmate and to state the grounds upon which the matter was determined. In the alternative, Petitioner/Inmate asks the Chief Justice to designate a judge to conduct such further proceedings as are necessary to find a just disposition to this case.

Refuse 5- 0
Moot

49. SER Jimmie M. Williams v. Kanawha County Circuit Court, No. 020929

Petitioner/Defendant seeks issuance of writ of prohibition prohibiting the Circuit Court of Kanawha County from enforcing the conviction of Petitioner/Defendant on the charge of third degree sexual assault.

Refuse 5- 0

50. In the Matter of: Sabrina Kay B., No. 021067

Parents jointly appeal circuit court adjudication of abuse and neglect of their child and a subsequent order terminating their parental rights.

Refuse 5- 0

51. In the Matter of: Javien P. And Saviour S., No. 021106

Mother appeals circuit court order terminating her parental rights and declining to order an improvement period.

Refuse 5- 0

52. In the Matter of: Hanna Marie J., Aaron Alexander J., No. 021118

Petitioner/Mother appeals circuit court order terminating her parental rights.

Refuse 5- 0

53. In the Matter of: Michelle, Steven, and Julienne P., No. 021242

Petitioner/Father appeals circuit court order terminating his parental rights. Petitioner/Mother joins in that petition.

Refuse 5- 0

54. In the Matter of: Theresa Lynn N., No. 021257

Petitioner/Father appeals circuit court order terminating his parental rights.

Refuse 5- 0

55. In the Matter of: Justin D., No. 021308

Petitioner/Father appeals circuit court order denying his motion for a post-adjudicatory improvement period.

Refuse 5- 0

56. In the Matter of: Lora M. C., Darwin W. C., III, and Ashley N. C., No. 021409

Petitioner/Mother appeals circuit court order terminating her parental rights.

Refuse 4- 1
(Albright, J.)