1. State of West Virginia v Travis Miller, No. 051140 (Filed 5/25/05)  Defendant/Prisoner seeks a direct criminal appeal of his jury conviction of felony delivery of Schedule III controlled substance within 1000 feet of Glade Elementary School.

Refuse 5 - 0

2. Dwana A. Gillem v William M. Wakins,, No. 050935 (Filed 4/29/05)  Petitioner/Ex-Wife appeals, in this legal malpractice lawsuit, the circuit court’s denial to amend the complaint pursuant to Rule 15 of the W.V.R.C.P., adding the Petitioner’s first attorney (Beverly Selby) in her divorce proceeding.

Refuse 5 - 0

3. John McClung v. Dwana A. Gillem, No. 051111 (Filed 5/23/05)  Petitioner/Ex-Wife appeals, in this legal malpractice lawsuit, the lower courts’ finding that the Respondent/Ex-husband’s attorney’s failure to complete a QDRO in four and one half years was not contemptuous.

Refuse 5 - 0

4. In the Matter of: Faith D., Robert D.; Agness D. and Kelly D., No. 051173 (Filed 5/31/05)  Petitioner/Mother appeals the termination of her parental rights, arguing that the trial court erred in finding that she was an unfit parent.

Refuse 5 - 0

5. In the Matter of: Kayla & Justin L. and Cody & Keisha H., No. 051207 (Filed 6/2/05)  Petitioner/Mother appeals the termination of her parental rights arguing that the circuit court abused its discretion by denying the Petitioner/Mother a three month extension of their improvement period.

6. In the Matter of: Kayla & Justin L. and Cody & Keisha H., No. 051208 (Filed 6/2/05)

Petitioner/Father appeals the termination of his parental rights arguing that the circuit court erred in failing to determine that the WVDHHR had not made reasonable efforts to preserve the family unit, in finding that the children were ‘abused’ and ‘neglected’, and in finding that the Petitioner’s improvement period was unsuccessful.

Refuse 5 - 0

7. In the Matter of: Scotty V. and Tiffany V., No. 051233 (Filed 6/6/05)  Petitioner/Mother appeals the termination of her visitation rights arguing that the circuit court erred by refusing to grant visitation, and various procedural errors.

Deferred

8. In the Matter of: Angel and James Issac F., No. 051238 (Filed 6/7/05)  Petitioner/Father appeals the circuit court finding that he abused and neglected his children arguing that the WVDHHR failed to meet their burden of proof to support such a finding.

Refuse 5 - 0

9. In the Matter of: Joshua M., and Tabitha M. , No. 051685 (Filed 8/9/05)  Mother whose parental rights are terminated, appeals circuit court order denying mother’s motion for post-termination visits with her children, arguing that the circuit court erred in denying the mother’s motion in contravention of her Due Process Rights at a hearing at which neither the mother nor her attorney was present, or had been noticed of, and to which neither mother nor attorney were even procedurally allowed to attend and arguing that the circuit court erred in relying upon incorrect statements of procedural facts.

Refuse 5 - 0

10. In the Matter of: Gregory B., Jr. and Cheyenne C., No. 051308 (Filed 6/14/05)  Petitioner/Mother appeals the termination of her parental rights arguing that the circuit court abused its discretion when it terminated the post-adjudicatory improvement plan.

Refuse 5 - 0

11. SER Gregory Mitchell v. William Fox , Warden , No. 050306 (Filed 2/16/05)  Defendant seeks issuance of a writ of habeas corpus, arguing that he received ineffective assistance of counsel when counsel did not ensure that he was present for his own sentencing hearing.

Returnable Below

12. SER Joseph Ronald Lee Johnson v. Jerry Detrick, Administrator , No. 050907 (Filed 4/25/05)  Defendant/Prisoner seeks a writ of habeas corpus arguing double jeopardy, ineffective assistance of counsel, unlawful search and seizure and unlawful arrest.

Refuse 5 - 0

13. SER Christopher Stout v. Hon. Jack Alsop, No. 042404 (Filed 12/16/04)   Defendant, convicted of First Degree Murder by guilty plea and sentenced to Life with Mercy, seeks issuance of a writ of mandamus arguing that his court appointed counsel has not filed a habeas corpus petition in the three years since his appointment.

Deferred

14. SER Scott Jacobson v. Hon. Alfred Ferguson , No. 050654 (Filed 3/24/05)  Defendant seeks issuance of a writ of mandamus arguing that the circuit court will not require appointed counsel to provide him with a copy of all file materials in his underlying criminal case.

Refuse 5 - 0

15. In the Matter of: Violet Maddison G. & Devon Nicole B., No. 051257 (Filed 6/8/05)  Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in denying her motion for post-dispositional improvement period.

Refuse 5 - 0

16. In the Matter of: Ruben V. and Devin M. , No. 051351 (Filed 6/17/05)  Father appeals circuit court order terminating his parental rights, arguing the circuit court erred in terminating Father’s parental rights when he had actively participated in the judicial process, substantially completed the terms of his improvement period and sought the best interests of his child, and that the circuit court erred in ordering termination when there were less drastic alternatives available.

Refuse 5 - 0

17. In the Matter of: Pat Murphy P., No. 051506 (Filed 7/11/05)  Father appeals circuit court order terminating his parental rights, arguing the circuit court’s denial of Father’s request to have the infant evaluated by an independent examiner of his choosing was clearly erroneous and reversible error, and that the circuit court’s finding and conclusion that Father waived his right to complain about errors, irregularities, and flaws in the interviews and examinations by Ken Powers and the circuit court, is clearly erroneous and reversible error. 

Refuse 5 - 0

18. In the Matter of: Madison Noelle S. & Rebecca M. , No. 051553 (Filed 7/19/05)  Uncle appeals circuit court order placing infant niece with pre-adoptive family, rather than with him.

Refuse 5 - 0

19. In the Matter of: Alysha & Tiffiny O; Elizabeth, Richard and Skyler , No. 051572 (Filed 7/22/05)  Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in not allowing an improvement period and in failing to allow post-termination visits.

Refuse 5 - 0

20. In the Matter of: Thomas P., Jacqueline P., and Scarlett P. , No. 051593 (Filed 7/26/05)  Father appeals circuit court order terminating the father’s guardianship and custodial rights, but not his parental rights.

Refuse 5 - 0

21. In the Matter of: Thomas P., Jacqueline P., and Scarlett P. , No. 051597 (Filed 7/26/05)  DHHR appeals circuit court order requiring DHHR to pay for installation of a fence around home in abuse and neglect case to provide a confined space for troubled child.

Deferred

 Home | Opinions | Site Map | Law Library | Rules Staff | Search | Terms of Use