1. State of West Virginia v. Bruce Davidson, No. 060915 (Filed 4/5/06)
Defendant, convicted of Robbery and Kidnaping by jury and convicted of Second Degree Sexual Assault by plea of Nolo Contendere, appeals circuit court order denying his pro se motion for resentencing. 

Deferred

2. State of West Virginia v. Alvin Chambers, No. 061062 (Filed 4/18/06)
Defendant, convicted by jury of two counts of Third Degree Sexual Assault and two counts of Sexual Abuse by a parent, guardian or custodian, appeals circuit court order sentencing him to serve 20-40 years in prison, arguing multiple evidentiary errors at trial and juror misconduct.

Refuse 5 - 0

 3. State of West Virginia v. Curtis Rayburn, No. 061063 (Filed 4/18/06)
Defendant, pro se, convicted of Aggravated Robbery and Conspiracy by guilty plea and sentenced to serve concurrently 45 years and 1-5 years in prison, appeals circuit court order denying his motion to modify his sentence.

Refuse 5 - 0

 4. State of West Virginia v. Danny Minigh, No. 061088 (Filed 4/21/06)
Defendant, convicted by jury of three counts of Conspiracy against the State for operation of a clandestine drug laboratory, appeals circuit court order sentencing him to serve three consecutive 1-5 year sentences and denying his motion for probation, arguing errors in the indictment, improper closing statements by the prosecutor, failure of a juror to disclose a family relationship with a state witness and cumulative error.

Refuse 5 - 0

 5. State of West Virginia v. Deborah L. Matheny & Lucky Matheny, No. 061139 (Filed 4/26/06)
Defendants, convicted by magistrate court jury of Animal Cruelty and sentenced to fines and suspended 60 day jail sentences with unsupervised probation for one year, appeals circuit court order denying their appeals. 

Refuse 5 - 0

6. State of West Virginia v. James Lester Adkins, No. 061274 (Filed 5/11/06)
Defendant, convicted by jury of four counts of Third Degree Sexual Assault, appeals circuit court order sentencing him to serve four consecutive 1-5 year prison terms, arguing that the defense was not made aware of the potentially exculpatory evidence of the alleged victim’s statement to Federal Marshall until the date of the trial, arguing that the State of West Virginia failed to establish a prima facie case during its opening statement when the prosecution did not outline the elements of the crime charged and failed to identify the Defendant, and arguing insufficiency of the evidence.

Refuse 5 - 0

 7. SER Virgil Kincaid v. Thomas McBride, Warden, No. 061016 (Filed 4/13/06)
Defendant, convicted by guilty plea of sexual abuse crimes and sentenced to 35 years in prison, seeks issuance of a writ of habeas corpus, arguing that his habeas counsel in his underlying habeas action was ineffective.

Refuse 5 - 0

 8. SER Clifton D. Street v. Howard Painter, Warden, No. 061076 (Filed 4/20/06)
Defendant, convicted of Murder and Malice Wounding with a Firearm by jury and sentenced to Life with Mercy and 3-10 years, appeals circuit court order denying habeas corpus petition following omnibus hearing.

Refuse 5 - 0

 9. State of West Virginia v. Randall Scott Parsons, No. 061510 (Filed 6/7/06)
Defendant, convicted of Delivery of Controlled Substance (Marijuana) by jury, appeals circuit court order sentencing him to serve 1-5 years in prison, arguing that he was entitled to a new trial because of federal agent/ witness’s violation of the circuit court’s ruling in limine that Defendant was not to be identified before the jury as the father of the backseat passenger. 

Refuse 5 - 0

10. Cynthia Morrissey v. First United Bank and Wayne Long, No. 061247 (Filed 5/10/06)
Plaintiff appeals circuit court order granting summary judgment to Defendant bank in suit challenging foreclosure sale of Plaintiff’s real property, arguing that the circuit court erred, abused its discretion and was clearly wrong in its order granting summary judgment.

Refuse 5 - 0

 11. Elaine Foster v. Lloyd Y. McCray, et. al., No. 061393 (Filed 5/24/06)
Defendant in action for partition of land and declaratory judgment appeals circuit court order granting Rule 12(b) (6) dismissal of utility against whom declaratory judgment was sought on issue of whether utility possesses a valid easement interest in the land to be partitioned.

Refuse 4 - 1
(Albright, J.)

12. Open MRI of Steubenville v. Health Plan of the Upper Ohio Valley, No. 061431
Plaintiff in antitrust action appeals circuit court order entering summary judgment in favor of Defendant. 

Refuse 5 - 0

13. Shelia D. Allen v. Michael L. Allen , No. 060550 (Filed 3/7/06)
Mother appeals circuit court order reversing Family Court order dealing with child support, finding that the Family Court lost jurisdiction by failing to issue an order within thirty (30) days on the motion for reconsideration, as required by W.Va. Code Section 51-2A-10(b).

Refuse 5 - 0

 14. SER Darrell W. Brown v. Thomas McBride, Warden, No. 042148 (Filed 11/12/04)
Defendant, convicted by guilty plea of murder and aggravated robbery, seeks issuance of a writ of mandamus against circuit court to obtain hearing and ruling in underlying habeas corpus petition.

Deferred

15. SER Allen Jay Demastus v. Thomas McBride, Warden, No. 060667 (Filed 3/15/06)
Defendant seeks issuance of a writ of habeas corpus arguing denial of credit for time served.

Refuse 5 - 0

16. SER David J. Lechiara v. William Frederick, Admin., No. 060781 (Filed 3/22/06)
Defendant, pro se, seeks issuance of a writ of habeas corpus arguing that lower courts have detained him pre-trial for ten months for a misdemeanor charge, which is in excess of the maximum sentence for the charge.

Grant  5 - 0

 17. SER Russell Clayton Clark v. John McKay, Administrator, No. 060889 (Filed 4/5/06)
Defendant, convicted of False Pretenses and Fraudulent Schemes by guilty plea, seeks issuance of a writ of habeas corpus arguing that he should be allowed to withdraw guilty plea when circuit court sentenced him to consecutive rather than the recommended concurrent sentences of 1-10 years in prison. 

Refuse 5 - 0

18. SER Angela Cook v. Hon. John T. Madden, Judge, No. 060130 (Filed 1/12/06)
Mother seeks to prohibit enforcement of a family court order regarding custody of her minor daughter.

Refuse 5 - 0

 19. SER Paul Farmer v. Hon. Robert A. Burnside, No. 061500 (Filed 5/22/06)
Defendant seeks issuance of writ of prohibition to compel the circuit court to dismiss criminal charges against him, arguing that the State has not conducted retrial in a timely fashion following federal habeas order granting such new trial.

Refuse 5 - 0

 20. In the Matter of: Christina W., Sissy W. & Lisa W., No. 060904 (Filed 4/5/06)
DHHR appeals circuit court order denying DHHR’s Motion to Remove Guardian-ad-litem for failure to breach confidentiality of a child client and holding that a Guardian-ad-litem owes a duty of confidentiality to children when such confidentiality is not in the children’s best interest.

Grant  4 - 1
(Albright, J.)

 21. In the Matter of: Jasmine C., No. 060951 (Filed 4/10/06)
Mother appeals circuit court order terminating her custodial rights to children and placing the children in permanent guardianships.

Refuse 5 - 0

22. In the Matter of: Dempsey W., Daniel W., & Ernie W., No. 061001 (Filed 4/13/06)
Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

23. In the Matter of: Autumn F., Sadie F., & Trinity D., No. 061087 (Filed 4/21/06)
Mother appeals circuit court order terminating her parental rights to children. 

Refuse 5 - 0

24. In the Matter of: Austin G. and Breona R., No. 061196 (Mother’s Appeal) (Filed 5/3/06)
Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

25. In the Matter of: Austin G. and Breona R., No. 061199 (Father’s Appeal) (Filed 5/3/06)
Father appeals circuit court order terminating her parental rights.

Grant  4 - 1
(Benjamin, J.)

26. In the Matter of: Brandon L., Christopher L., and Jonathon L., No. 061207 (Filed 5/4/06)
Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

27. In the Matter of: Denver S., Jr., No. 061232 (Filed 5/8/06)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court abused its discretion by refusing to grant Mother an improvement period for not admitting the allegations in the petition. 

Refuse 5 - 0

28. In the Matter of: Connie Louise W., & Harold W., IV, No. 061246 (Filed 5/10/06)
Father appeals circuit court order terminating his parental rights, arguing that the circuit court erred in denying Father a post-adjudicatory improvement period and that the circuit court erred by terminating Father’s parental rights.

Refuse 5 - 0

29. In the Matter of: Aaliyah G., Hannah S., & Sierra T., No. 061354 (Filed 5/22/06)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court abused its discretion in denying mother’s motion for a post-adjudicatory improvement period and by terminating the mother’s parental rights based in part on the mother’s lack of mental and/or psychological capacity when no evidence of the Mother’s mental and/or psychological capacity was entered in evidence. 

Refuse 5 - 0

30. State of West Virginia v. Andrew Douglass Wenmoth, No. 060735 (Filed 3/21/06)
The Petitioner seeks an appeal of the circuit court’s (September 12, 2005) order that sentenced the Petitioner to not less than 10 nor more than 25 years to the penitentiary for his jury conviction on Second Degree Sexual Assault. The Petitioner seeks either a new trial, dismissal of the indictment, or re-sentencing to grant the Petitioner probation, placement at Anthony Center or home confinement. 

Refuse 5 - 0

31. State of West Virginia v. Christopher A.-juvenile, No. 060999 (Filed 4/13/06)
The Petitioner seeks an appeal of the circuit court’s (December 7, 2005) order that sentenced the Petitioner to the penitentiary after the Petitioner was found to be unfit for Anthony Center. The circuit court sentenced the Petitioner to the penitentiary according to the guilty plea on Grand Larceny (1-10 years) and Burglary (1-15 years) and ran the sentences consecutively. 

Refuse 5 - 0

32. State of West Virginia v. Jermaine Hill, No. 061067 (Filed 4/19/06)
The Petitioner seeks an appeal of the circuit court’s (November 23, 2005) order that denied his request for a new trial. 

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

33. In Re: Michelle C., No. 061242 (Filed 5/10/06)
The Petitioner (juvenile) seeks an appeal of the circuit court’s (February 13, 2006) order that placed her in a out of home placement following her probation revocation. 

Refuse 5 - 0

34. State of West Virginia v. Marsha Lynn O’Dell, No. 061276 (Filed 5/11/06)
The Petitioner seeks an appeal of the circuit court’s (October 25, 2005) order sentencing her on five (5) counts of possession of controlled substances after her jury conviction. She seeks a reversal claiming that the contraband was seized as a result of an unlawful search on her vehicle.

Refuse 5 - 0

35. State of West Virginia v. Brian Keith Miller, No. 061430 (Filed 5/26/06)
The Petitioner seeks an appeal of the circuit court’s (November 16, 2005) order that sentenced him to serve two sentences of not less than one nor more than five years for failing to provide notice of registration changes as a sex offender. Both counts were to run concurrent to each other, but not with any other sentence. 

Refuse 5 - 0

36. Ronald Reed v. City of Sistersville, No. 060491 (Filed 3/1/06)
The Petitioner seeks an appeal of the circuit court’s (October 7, 2005) order that denied the Petitioner’s claim for $1,000.00 rent from the City of Sistersville for landing their ferry on his property.

Refuse 5 - 0

37. Robin Thompson v. S. Chevathanarat, M.D., No. 060597 (Filed 3/10/06)
The Petitioner seeks an appeal of the circuit court’s (September 28, 2005) order that granted summary judgment for the Respondent. The Petitioner seeks a remand.

Refuse 5 - 0

 38. SER Richard L. Lawson v. Michael Coleman, Warden, No. 060644 (Filed 3/14/06)
The Petitioner seeks an appeal of the circuit court’s (February 13, 2006) order that denied his habeas petition that was seeking relief from his life sentence without parole as a result of his first degree murder conviction. He seeks a reversal, or in the alternative, a new trial.

Refuse 4 - 1
(Albright, J.)

39. James W. Gordon v. Jerry Detrick, Administrator, No. 060820 (Filed 3/29/06)
The Petitioner seeks an appeal of the circuit court’s (February 24, 2006) order that denied his habeas petition. He claimed ineffective assistance of counsel, violation of a plea agreement and advised that the court inappropriately denied his motion for probation. He had plead no contest to Sexual Abuse by a Custodian and had been sentenced to 10-20 years in the penitentiary. 

Refuse 5 - 0

40. SER Lillie Mae Trail v. James J. Ielapi, Warden, No. 052389 (Filed 10/20/05)
The Petitioner seeks a habeas after her 1997 conviction of First Degree Murder where she was sentenced to life without mercy. 

Deferred

41. SER Cordell Parrack v. Thomas McBride, Warden, No. 060602 (Filed 3/10/06)
The Petitioner seeks a Writ of Habeas Corpus alleging that his rights were violated when the circuit court sentenced him to 80 years for Aggravated Robbery. He also claims ineffective assistance of counsel. 

Refuse 5 - 0

42. In the Matter of: Skylean H.; Earl K.; Mersadies K.; Cody K., No. 060285 (Filed 2/2/06)
The Petitioner/GAL seeks an appeal of the circuit court’s order that dismissed the abuse and neglect petition and ordered the children to be returned to the care of the mother. The GAL also seeks to overturn the circuit court’s denial of a stay pending appeal.

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

43. In the Matter of: June F. & Jessie F., No. 060859 (Filed 4/3/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (January 13, 2006) order that terminated her parental rights and denied her post-termination visitation.

Refuse 5 - 0

44. In the Matter of: Emily B. and Amos B., No. 060925 (Filed 4/6/06)
The Petitioner father seeks an appeal of the circuit court’s (November 4, 2005) order that terminated the Petitioner’s parental rights. The Petitioner seeks to have the Dispositional order stayed and reversed for further proceedings. 

Refuse 5 - 0

45. In the Matter of: Maraya A. & Chaeten A., No. 060926 (Filed 4/6/06)
The Petitioner/Father seeks an appeal of the circuit court’s (February 17, 2006) order that terminated his parental rights and denied him any post-termination visitation. The Petitioner requests that this Court reverse and remand the case with instructions to extend his post-adjudicatory improvement period. 

Refuse 5 - 0

46. In the Matter of: Maraya A. & Chaeten A., No. 061065 (Filed 4/19/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (February 17, 2006) order that terminated her parental rights and denied her any post-termination visitation. The Petitioner requests that this Court reverse and remand the case with instructions to extend her post-adjudicatory improvement period. 

Refuse 5 - 0

47. In the Matter of: Raymond N., Jr.; Cody N.; Connie W.; Brittney M., No. 060927 (Filed 4/6/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (February 3, 2006) order that terminated her parental rights. She seeks a reversal of the lower court’s decision. 

Refuse 5 - 0

48. In the Matter of: Herman, Kenneth, Kyle and Courtney M., No. 061055 (Filed 4/17/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (February 27, 2006) order that terminated her parental rights. She seeks a re-institution of her parental rights or, in the alternative, post-termination visitation. 

Refuse 5 - 0

49. In the Matter of: Herman, Kenneth, Kyle and Courtney M., No. 061138 (Filed 4/26/06)
The Petitioner/Father seeks an appeal of the circuit court’s (February 27, 2006) order that terminated his parental rights. He seeks a re-institution of his parental rights. 

Refuse 5 - 0

50. In the Matter of: Caylee and Alexis S., No. 061064 (Filed 4/18/06)
The Petitioners (Lorna K. who is the paternal grandmother and Denver K. her husband who is not related to the children) seek an appeal of the circuit court’s (January 25, 2006) order that denied their request for placement/custody of the children after the children’s parents lost their parental rights to the children. 

Refuse 5 - 0

51. In the Matter of: Simone L. and Jerome Tyrel M., No. 061236 (Filed 5/8/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (February 6, 2006) order that terminated her parental rights. She seeks a remand to the circuit court for dismissal of the petition and return of the children, or, in the alternative, a dispositional improvement period. 

Refuse 5 - 0

52. In the Matter of: Alexandria C., No. 061392 (Filed 5/24/06)
The Petitioner/father seeks an appeal of the circuit court’s (December 21, 2005) order that found that the Petitioner abused his daughter and terminated his parental rights. He requests that this Court set aside the finding of abuse and remand this case for reinstatement of his parental rights. 

Refuse 5 - 0

53. In the Matter of: Catrenia Love M., No. 061394 (Filed 5/24/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (March 2, 2006) order that terminated her parental rights. She seeks a reversal of the decision so she can have visitation with her daughter, or, in the alternative, a remand with instructions that the court inquire of the child’s desire.

Refuse 5 - 0

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