WRIT CONFERENCE 
THURSDAY, SEPTEMBER 7, 2000

1.     In the Matter of Sara C., No. 001494 (filed 7-6-00). Mother appeals the termination of her parental rights.
Refuse 5-0

2.     In the Matter of Christopher M., No. 001484 (filed 7-7-00).
    Father seeks Appellate Review of Lincoln County Circuit Court decisions terminating his parental rights.
Refuse 5-0

3.     In the Matter of Misty F., No. 001500 (filed 7-10-00). Father appeals the circuit court's determination that Misty F. is a neglected child.
Refuse 5-0

4.     In the Matter of Carol S. and Lonnie S., No. 001599 (filed 7-19-00).
    Father appeals the termination of his parental rights.
Refuse 5-0

5.     In the Matter of Roger S., Joseph S., Chris H., John M., No. 001606 (filed 7- 20-00).
    Mother appeals the lower court's denial of post-termination visitation.
Refuse 5-0

6.     In the Matter of Nikia T., No. 001786 (filed 8-1-00).
    Maternal Aunt seeks custody of Nikia.
Refuse 3-2
(Starcher, .J. & McGraw, J.)

7.     In the Matter of Megan and Willie J., No. 001812 (filed 8-11-00).
    Mother appeals the termination of her improvement period and parental rights.
Refuse 5-0

8.     SER Oscar S. Waiters v. William S. Haines- Warden, No. 001466 (filed 6-22- 00).
    Waiters, pro se, seeks medical treatment for his right shoulder.
Deferred

9.     SER Kenny D. Sayre v. William S. Haines-Warden, No. 001489 (filed 7-7-00).
    Sayre, pro se, seeks a writ of habeas corpus asserting denial of access to the law library.
Refuse 5-0
    
10.     SER Walter F. Smith v. William Haines-Warden, No. 001516 (filed 7-10-00).
    Smith, pro se, seeks a writ of habeas corpus alleging that the West Virginia Parole Board erred in refusing to grant Smith parole.
Refuse 5-0

11.     SER Robert McDowell v. William Haines-Warden, No. 001517 (filed 7-10- 00).
    McDowell, pro se, seeks a Writ of Habeas Corpus asserting that he is entitled to the restoration of good time.
Refuse 5-0

12.     SER William Dotson v. Mark A. Williamson-Warden, No. 001543 (filed 7-14- 00).
    Dotson, pro se, seeks release from prison.
Refuse 5-0

13.    SER Kelly Williams v. William Haines-Warden, No. 001674 (filed 7-24-00).
    Williams, pro se, seeks a Writ of Mandamus against the Circuit Court of Roane County seeking to compel the court to appoint him a new attorney.
Refuse 5-0

14.     SER John Jeffers. v. William Haines-Warden, No. 001758 (filed 7-28-00).
    Jeffers, pro se, seeks a Writ of Habeas Corpus asserting that he is entitled to the restoration of good time.
Refuse 5-0

15.     SER William Brown, Jr. v. Kirby, Comm'r., No. 001800 (filed 8-7-00).
    Brown, pro se, seeks a Writ of Habeas Corpus asserting the following grounds: (1) his conviction was obtained by the use of a coerced confession; (2) his conviction was obtained by the use of evidence gained pursuant to an unconstitutional search and seizure; (3) his conviction was obtained by the use of evidence obtained pursuant to an unlawful arrest; and (4) denial of effective assistance of counsel.
Refuse 5-0


16.     SER James H. Adkins v. WV Department of Corrections, No. 001515 (filed 7/12/00).
    Adkins, pro se, seeks a Writ of Mandamus seeking to compel the Department of Corrections to commute the prison sentences of James H. Adkins and Timothy L. Blankenship.
Deferred

17.     SER Keith W. Norman v. Wayne County Circuit Court, No. 001444 (filed 6- 23-00).
    Norman, pro se, seeks a Writ of Mandamus seeking to compel the Wayne County Circuit Court to provide him with a complete copy of documents pertaining to plea proceedings and transcripts.
Grant 5-0

18.     SER Roy Withrow v. William M. Fox, Warden, No. 001365 (filed 6-29-00).
    Withrow, pro se, seeks a Writ of Mandamus seeking to compel the Department of Corrections to transfer him from St. Marys Correctional Center to Huttonsville Correctional Center.
Refuse 5-0

19.     SER James Sigley v. Marion County Circuit Court, No. 001671 (filed 7-24- 00).
    Sigley, pro se, seeks a Writ of Mandamus to compel the Marion County Circuit Clerk's office to issue a case number for the petition for a Writ of Habeas Corpus filed in Marion County Circuit Court on 2/16/00.
Deferred

20.     SER Clifton W. Hanshaw v. Hon. Andrew MacQueen-Judge, No. 001807 (filed 8/9/00).
    Hanshaw, pro se, seeks a Writ of Mandamus seeking to compel Judge Andrew MacQueen to rule upon a pending Motion for a Writ of Habeas Corpus filed by Hanshaw on 3/18/99.
Grant 5-0 (usm)

21.     SER Abner D. Allen v. Hon. Thomas Bedell-Judge, No. 001819 (filed 8-14- 00).
    Allen, pro se, seeks a Writ of Prohibition/Mandamus seeking to compel Judge Bedell to grant Allen's request for discovery, and to prohibit Judge Bedell from proceeding in Allen's pending habeas corpus case.
Refuse 5-0

22.     SER Energy Resources, Inc. v. James T. Wellman and Grace Wellman, No. 001377 (filed 6/30/00).
    Energy Resources, defendant below, appeals the grant of summary judgment in favor of James Wellman and Grace Wellman, plaintiffs below.
Grant 5-0

23.     In the Matter of: William “Billy” H., No. 001493 (filed 6-26-00).
    Father appeals the termination of his parental rights.
Refuse 5-0         

24.    In the Matter of: Cameron L., No. 001490 (filed 7-7-00).
     Father appeals the termination of his parental rights.
Refuse 5-0

25.    In the Matter of: Briston S., No. 001605 (filed 7-20-00).
    Father appeals the termination of his parental rights.
Refuse 5-0

26.    In the Matter of: Rebecca E., No. 001686 (filed 7-26-00).
    Mother appeals the termination of her parental rights.
Refuse 5-0

27.    In Re: the Matter of the Petition of Tracy Lee Adkins and William Kay Adkins, Jr. for the adoption of Riley Cole B. , No. 001791 (filed 8-2-00).
    Mother appeals the termination of her parental rights by a finding of abandonment in an adoption proceeding.
Refuse 5-0

28.    SER Donald Farmer, Jr. v. George Trent, Warden, No. 000557 (filed 3-14-00).
    Farmer appeals the circuit court denial of his request to plead anew in his petition for a Writ of Habeas Corpus, claiming that the circuit court erred (1) in failing to make adequate findings of fact and conclusions of law; (2) in concluding that Farmer's pleas were entered into freely, voluntarily, intelligently, knowingly and competently; and (3) in that the record does not demonstrate a factual basis for Farmer's plea of guilty to First Degree Murder.
Deferred    

29.    Mary Jo Babbitt v. The Lamar Corp., No. 000827 (filed 4-25-00).
     Babbitt appeals the circuit court dismissal of her suit alleging wrongful discharge and intentional infliction of emotional distress, claiming that the circuit court abused its discretion in granting defendant's motion for summary judgment.
Refuse 4-1
(McGraw, J.)
30.    John C. Kelly v. Robert J. Smith, Chief ALJ, No. 000855 (filed 4-26-00).
    Kelly appeals the circuit court's denial of his petition for a writ of mandamus, claiming that the circuit court erred in finding (1) that he had an adequate remedy at law by way of an appeal through the administrative process, and (2) that based upon a settlement agreement the petitioner was precluded from having his claim reviewed for further consideration.
Refuse 5-0

31.    State of West Virginia v. Paul E. Wolfe, No. 000849 (filed 4-26-00).
    Wolfe appeals his sentence of one to fifteen years in the penitentiary for a conviction on a plea of one count of possession of a controlled substance with intent to deliver, claiming that the sentence of is excessive for his age and prior criminal record and that it is also disproportionate to the severity of the offense charged.
Refuse 5-0

32.    State of West Virginia v. Tremayne Lee, No. 000853 (filed 4-26-00).
    Lee, a juvenile, appeals his sentence of not less than one (1) nor more than five (5) years for conviction on a plea of one count of Attempt to Commit a Capitol Offense and not less than five (5) nor more than eighteen (18) years for his conviction on a plea of one count of Unaggravated Robbery. Lee claims that the length of the sentences is disproportionate to the crime committed, his age and prior criminal history and that the court failed the mandate of West Virginia Rule of Criminal Procedure 32(c) (3) (D) by failing to make written findings with regard to the alleged errors in the presentence report or alternatively to make a written determination that such findings are unnecessary because the disputed information will not be relied upon in sentencing.
Refuse 4-1
(Starcher, J.)

33.    State of West Virginia v. John C. Little, No. 000857 (filed 4-27-00).
    Little appeals his sentence of three years in the penitentiary for his conviction on a plea of one count of Wanton Endangerment, claiming that the court abused its discretion in not imposing the sentence of one year in the county jail as recommended in the plea agreement.
Refuse 5-0

34.     State of West Virginia v. Jason Payne, No. 001252 (filed 6-7-00).
    Payne appeals the circuit court order transferring his case from juvenile to adult criminal jurisdiction, claiming that the court erred (1) in that its ruling that the video taped and written statements of the petitioner were knowingly, voluntarily, and intelligently made was against the weight of the evidence and (2) in that the ruling that there were no reasonable prospects for rehabilitation was clearly erroneous.
Refuse 4-1
(Starcher, J.)