West Virginia Supreme Court of Appeals

Writ Conference

Thursday, September 7, 2006

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. - Refuse 5- 0

2.  State of West Virginia v. Joshua Charlton, No. 061532 (Filed 6/12/06) 
Defendant, convicted of three counts of possession of pornography involving minors by conditional guilty plea to allow this appeal, challenging the circuit court order sentencing him to serve three consecutive two year terms, arguing that the prosecution could only charge him with one count, not the 20 counts he was indicted on, since the images were all stored within one hard drive on the same computer. - Refuse 5- 0

3.  State of West Virginia v. Trinity Jewell , No. 06 1551 (Filed 6/23/06)
Defendant, convicted of First Degree Murder, two counts of Child Abuse by a Parent Resulting in Serious Bodily Injury and two counts of Providing False Information to a Medical Provider Concerning a Child’s injuries by jury, appeals circuit court order sentencing her to serve Life without Mercy, and two consecutive 2-10 year sentences, and 1 year in jail to be served concurrently with another year in jail, arguing insufficiency of the evidence. - Refuse 5- 0

4.  State of West Virginia v. Virgil Kincaid, No. 062103 (Filed 7/26/06)
Defendant, convicted by guilty plea of sexual abuse crimes and sentenced to 35 years in prison, appeals circuit court order denying his pro se Motion for Correction and Reconsideration of Sentence. - Refuse 5- 0

5.  Estle Harrison v. Talon Mfg. Co. v. Caliber One Indemnity, No. 061437 (Filed 5/26/06)
Defendant seeking declaration of insurance coverage appeals circuit court order granting motion to dismiss third party complaint for declaratory judgment against insurer, arguing that the insurer raised matters outside the pleadings requiring the circuit court to convert the motion to dismiss to a motion for summary judgment which the circuit court failed to do, arguing that the circuit court should have applied the standard of review provided for summary judgment to its consideration of the motion and permitted discovery, and arguing that the circuit court erred in holding that the doctrine of reasonable expectations does not apply to this case because the policy language is not ambiguous.
 - Refuse 5- 0

6.  Brian Wayne Shaffer v. Thomas McBride, Warden, No. 061461 (Filed5/31/06) 
Habeas petitioner below, convicted by guilty plea of one count of First Degree Sexual Assault and sentenced to 15-35 years in prison, appeals circuit court order denying habeas corpus relief. - Refuse 5- 0

7.  State of West Virginia v. David Lechiara, No. 061493 (Filed 6/6/06)
Criminal Defendant appeals circuit court order (following omnibus hearing) granting in part, and denying in part his habeas petition which challenged magistrate court order following guilty plea to Domestic Battery in which magistrate sentenced him to “8760 hrs w/credit for 672 hrs NO WORK!”; the circuit court granted habeas relief based upon the “NO WORK” portion of the sentence. - Refuse 5- 0

8.  SER Ricky Lee Penwell v. Thomas McBride, Warden, No. 061881 (Filed 7/10/06)
Defendant appeals circuit court order dismissing his second petition for a writ of habeas corpus which alleged among other errors that he received ineffective assistance of his counsel in his first habeas action; defendant had omnibus hearing in his prior habeas action.  - Refuse 5- 0

9. Barry Dale White v. Thomas McBride, Warden, No. 061992 (Filed 7/21/06)
Defendant, convicted by jury of 105 counts of First Degree Sexual Assault and Sexual Abuse by a Custodian and sentenced to serve between 100 and 220 years in prison, appeals circuit court order denying his underlying habeas petition.  - Refuse 5- 0

10.  William “Bill” Sullivan v. Angela Sullivan, No. 062120 (Filed 8/2/06)
Plaintiff appeals circuit court order granting summary judgment to all defendants in Plaintiff’s suit for wrongful or tortious interference with his employment contract.  - Refuse 5- 0

11.  Pelma Rose Wolfe v. WV Consolidated Public Retirement Systems, No. 052666 (Filed 11/29/05)
Teacher appeals circuit court order affirming the WV Consolidated Public Retirement Board decision. - Deferred

12.  International Industries, Inc. v. Virgil T. Helton, Comm’r, No. 061360 (Filed 5/22/06)
Coal seller appeals circuit court order affirming Tax Commissioner’s order denying seller’s petition for refund of coal severance taxes assessed on seller’s exported coal sales to customers in foreign countries. - Refuse 4-1 (Maynard, J.)

13.  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.
 - Refuse 5- 0

14.  SER Joe Black v. Evelyn Seifert, Warden, No. 061057 (Filed 4/14/06)
Inmate seeks issuance of a writ of habeas corpus arguing that prison classification committee is illegally relying upon an escape by inmate which is more than five years old to deny him a lowered classification rating so that he would be eligible to transfer to a less secure facility. - Refuse 5-0

15. SER Pernell Deck v. William Haines, Warden, No. 061061 (Filed 4/18/06)
Defendant, convicted by jury of Second Degree Sexual Assault, seeks issuance of a writ of habeas corpus arguing that he was denied a fair trial due to circuit court’s failure to strike for cause two jurors who had expressed in voir dire moral opinions which he argues would have biased his case, forcing Defendant to use two of his peremptory strikes to remove them from the jury panel.  - Refuse 5- 0

16.  SER Jerri Yates v. Dale Humphrey, Warden, No. 061176 (Filed 4/28/06)
Defendant, convicted by guilty pleas of false pretenses and fraudulent schemes, seeks issuance of a writ of habeas corpus arguing that she is entitled to immediate discharge from custody because Parole Board failed to hold a timely parole hearing in her case; in addition, she seeks issuance of a writ of habeas corpus against the circuit court for failure to grant her credit for jail time served prior to her sentencing. - Refuse As Moot

17.  SER Lawrence Scible v. William Haines, Warden, No. 061187 (Filed 5/1/06)
Prisoner seeks issuance of a writ of habeas corpus arguing that prison barber shop is in violation of WV Code 30-27-1 regarding barbers and cosmetologists because the prison does not have a health permit/license to cut hair, and wants health officials to enforce licensing requirement, conduct inspections and to close the barber shop. - Refuse 5- 0

18. SER Thomas S. Talbert v. Larry Parsons, Administrator, No. 061277 (Filed 5/5/06)
Defendant, convicted by jury of DUI, seeks issuance of a writ of habeas corpus arguing that he has been improperly tried twice for DUI.  - Refuse 5- 0

19.  SER Thomas Talbert v. Larry Parsons, Administrator, No. 061873 (Filed 6/29/06)
Defendant, convicted by jury of DUI, seeks issuance of a writ of habeas corpus arguing that he has been improperly tried twice for DUI.  - Refuse 5- 0

20.  SER Shannon Marie Johnson v. Dale Humphreys, Warden, No. 061279 (Filed 5/5/06) Defendant, convicted by guilty plea of First Degree Murder and sentenced to Life with Mercy, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel. - Returnable Below for Appt. of Counsel

21.  SER James Berry, Sr. v. Thomas McBride, Warden, No. 061488 (Filed 5/31/06)
Defendant, who has previously had an omnibus hearing and denial of prior habeas petition, seeks issuance of a writ of habeas corpus arguing that he is entitled to immediate release from incarceration based upon multiple errors during his prosecution.  - Refuse 5- 0

22.  SER Michael Breeden v. Evelyn Seifert, Warden, No. 061489 (Filed 6/2/06)
Defendant, pro se, seeks issuance of a writ of habeas corpus, arguing that WV Code Section 61-8D-5 is unconstitutional because it denies any parole consideration before discharge of sentence once good time credit is applied.  - Refuse 5- 0

23. SER Keith Dement v. Stevens Correctional Center, No. 061685 (Filed 6/16/06)
Defendant seeks issuance of a writ of habeas corpus arguing that the circuit court is improperly denying his motions for reduction of sentence and raising issue regarding facility’s failure to provide needed medication for his eye condition. - Deferred

24.  SER Robert F. Bowman v. Betty Hardin, Warden, Stevens Correctional Center, No. 061735 (Filed 6/22/06) 
Defendant, convicted by jury of Malicious Assault, seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel. - Returnable Below for Appt. of Counsel

25.  SER Henry Ruff v. Evelyn Seifert, Warden, No. 061872 (Filed 6/28/06)
Defendant seeks issuance of a writ of habeas arguing that he is being provided with poor food, housed in dirty, overcrowded conditions, and being denied prompt dental and medical care.
 - Refuse 5- 0

26.  SER Donald Roger Layne v. Evelyn Seifert, Warden, No. 061971 (Filed 7/17/06)
Prisoner seeks issuance of a writ of habeas corpus arguing that prison is obstructing his calls to his counsel.  - Refuse 5- 0

27.  SER Alvin Lee Gregory v. Evelyn Seifert, Warden, No. 061967 (Filed 7/18/06)
Defendant seeks issuance of a writ of habeas corpus challenging the legality of the revocation of his parole.  - Refuse 5- 0

28.  SER Myron D. Daniels v. Hon. Jennifer Bailey Walker, No. 061084 (Filed 4/20/06)
Defendant seeks issuance of a writ of mandamus arguing unreasonable delay by the circuit court in addressing his petition for writ of habeas corpus relief. - Grant 5- 0 Unless Sooner Mooted

29.  SER Robert A. Hall v. Kanawha County Circuit Court, No. 061214 (Filed 5/4/06)
Defendant seeks issuance of a writ of mandamus arguing that circuit court should provide him with a copy of his criminal file and transcripts. - Refuse As Moot

30.  SER Jason L. Snyder v. James Rubenstein, Commissioner of DOC,  No. 061255 (Filed 5/10/06) 
Prisoner confined to Regional Jail seeks issuance of a writ of mandamus arguing that he is entitled to transfer to a Department of Corrections facility.  - Refuse 5- 0

31.  SER Joseph Howard v. Pocahontas Circuit Court, No. 061501 (Filed 5/15/06)
Defendant seeks issuance of a writ of mandamus arguing that court reporters have not provided requested transcripts. - Refuse As Moot

32.  SER Joseph Howard v. Pocahontas Circuit Court, No. 062139 (Filed 8/2/06)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to rule upon a pending motion for appointment of new habeas counsel and a motion for extension of time.
Withdrawn

33.  SER Brian K. Markley v. Hon. Andrew Frye, Judge, No. 061502 (Filed 5/22/06)
Defendant seeks issuance of a writ of mandamus to require the circuit court to send transcript of mistrial in Grant County criminal case with the Berkeley County record to WVSCA for consideration with his appeal of denial of his third habeas corpus petition.   - Refuse 5- 0

34.  SER Danette Pauley v. Boone County Circuit Court, No. 061580 (Filed 6/13/06)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court has not acted on her underlying habeas petition despite 2004 order of this Court to proceed with same. - Grant 5-0 
Unless Sooner Mooted

35. SER Victor Nutter v. Lynde Baker, Wirt County Court Reporter, No. 061715 (Filed 6/21/06)
Defendant seeks mandamus arguing that court reporter has not timely prepared a requested transcript. - Refuse As Moot

36.  SER Hudon E. Nicholes v. James Rubenstein, DOC Commissioner, No. 061810 (Filed 6/28/06)
Huttonsville inmate, serving 1-15 years for Delivery of Crack Cocaine, seeks mandamus against DOC Commissioner based upon refusal of DOC to grant him good time credit.  - Deferred

37.  SER Patrick Few et al. v. Hon. John Henning, Judge, No. 062082 (Filed 7/26/06)
Huttonsville inmates, who have filed underlying habeas petition challenging terms and conditions of their confinement with the circuit court, seek issuance of a mandamus against circuit court citing unreasonable delay in the resolution of the pending habeas action. - Deferred

38.  SER Patricia W. Jones v. James Rowe, Judge No. 060967 (Filed 4/10/06)
Defendant seeks issuance of a writ for extraordinary relief against circuit court to prevent enforcement of orders granting foreclosure, and sole possession of her former property to mortgagor and new purchaser at foreclosure.  - Refuse 5- 0

39.  In the Matter of: Channa Lauren R., No. 061395 (Filed 5/24/06)
Mother appeals circuit court order terminating her parental rights, arguing the circuit court clearly erred in terminating Mother’s parental rights and in denying Mother’s motion for post-adjudicatory improvement period.  - Refuse 5- 0

40.  In the Matter of: Desiree T.C, Sheena C., Destiny C., Sierra C. and Launa C.,No. 061433 (Filed 5/26/06) 
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court erred in terminating her parental rights and by not giving her an improvement period.  - Refuse 5- 0

41.  In the Matter of: Jessica Marie C., No. 061442 (Filed 5/30/06)
Father appeals circuit court order terminating his parental rights.  - Refuse 5- 0

42.  In the Matter of: Ashley M. & Alyssa G., No. 061527 (Filed 6/8/06) 
Mother appeals circuit court order terminating her parental rights.  - Refuse 5- 0

43.  In the Matter of: Danny P., II, No. 061571 (Filed 6/13/06)
Father appeals circuit court order terminating his parental rights.  - Refuse 5- 0

44.  In the Matter of: Shawn B., Brandon M., and Cheyenna M., No. 061593 (Filed 6/15/06)
Mother appeals circuit court order terminating her parental rights, arguing that circuit court abused its discretion in denying her motion for dispositional improvement period.  - Refuse 5- 0

45.  In the Matter of: Stacy, Michael, and Austin W., No. 051595 (Filed 6/15/06)
Mother appeals circuit court order terminating her parental rights.  - Refuse 5- 0

46.  In the Matter of: Jedidiah, Zedechiah & Zephania T., No. 061596 (Filed 6/15/06)
Mother appeals circuit court order terminating her parental rights.  - Refuse 5- 0

47.  In the Matter of: Joshua C. and Jonathan C., , No. 061689 (Filed 6/19/06)
Mother appeals circuit court order terminating her parental rights.   - Refuse 5- 0

48.  In the Matter of: Kaya Alana F., No. 061851 (Filed 7/5/06) 
Father appeals circuit court order terminating his parental rights.  - Refuse 5- 0

49.  In the Matter of: Christina W., Sissy W. & Lisa W., No. 061876 (Filed 7/10/06) 
Father appeals circuit court order terminating his parental rights.  - Refuse 5- 0

50.  In the Matter of: Keylee S., No. 061884 (Filed 7/10/06) 
Mother appeals circuit court order terminating her parental rights.  - Refuse 5- 0

51.  In the Matter of: Jamie M., Katie M., Sally O., and Daniel C., No. 061984 (Father’s Petition) (Filed 7/19/06)
Father appeals circuit court order terminating his parental rights.  - Refuse 5- 0

52.  In the Matter of: Jamie M., Katie M., Sally O., and Daniel C., No. 061985 (Mother’s Petition) (Filed 7/19/06)
Mother appeals circuit court order terminating her parental rights.  - Refuse 5- 0

53.  State of West Virginia v. Jerry Lee Wigal, No. 061441 (Filed 5/30/06)
The Petitioner seeks an appeal of his conviction and sentence (by a bench trial) for Failure to Provide Notice of Registration Change as a Sexual Predator and two counts of Providing False Registration Information as a Sexual Predator. The Petitioner was sentenced to serve three concurrent terms of 2-10 years in the penitentiary.  - Refuse 5- 0

54.  State of West Virginia v. Kelly Custer, No. 061568 (Filed 6/13/06)
The Petitioner seeks an appeal of her sentence following her guilty plea to burglary and grand larceny. She was sentenced to concurrent sentences of 1-15 years on the burglary and 1-10 years on the grand larceny and also required to pay $48,000 in restitution.   - Refuse 5- 0

55.  State of West Virginia v. Larry Ray, No. 061798 (Filed 6/27/06) 
The Petitioner seeks an appeal of his conviction of Attempt to Commit a Felony and Battery. He was sentenced on March 10, 2006, to 1-5 years on the Attempt and one year on the Battery. 
 - Refuse 5- 0


56.  Fern M. Meadows v. Columbia Gas Transmission, No. 061054 (Filed 4/17/06) 
The Petitioners seek an appeal of the circuit court’s (December 6, 2005) order that granted summary judgment for Columbia Gas Transmission. The Petitioners claim that the circuit court was barred by res judicata from changing a earlier ruling. - Refuse 4-1 (Albright, J.)

57. Jefferson Orchards v. Jefferson County Zoning Bd. of Appeals, No. 061391 (Filed 5/24/06)
The Petitioners seek an appeal of the circuit court’s (December 12, 2005) order that granted a mandamus to the Respondent requiring that the Board of Zoning Appeals hold a Compatibility Assessment Meeting on the Respondents CUP (Conditional Use Permit).  - Refuse 5- 0

58.  Gary Jenkins v. CSX Transportation, Inc., No. 061569 (Filed 6/13/06)
The Petitioner seeks an appeal of the circuit court’s (February 17, 2006) order that denied a motion for a new trial in a case under the Federal Employer’s Liability Act. - Grant 3-2 (Maynard, J., Benjamin, J.)

59.  Jennifer Ann Blake v. William Yurcina, No. 061801 (Filed 6/27/06) 
Habeas petitioner appeals circuit court order denying habeas corpus relief following omnibus hearing.  - Refuse 5- 0

60.  James E. Ott v. Mary Ellen Ott, No. 060776 (Filed 3/24/06)
The Petitioner/Husband seeks an appeal of the circuit court’s (January 31, 2006) order that affirmed the family court’s order involving marital property.  - Refuse 5- 0

61. SER Christopher E. Simons, et al. v. Thomas McBride, Warden, No. 060638 (Filed 3/14/06)
The Petitioners seek habeas relief from segregation in the “Quality of Life” program. They claim that their rights were violated by being placed in segregation and that they should have outdoor recreation. They seek a return to the general population.  - Refuse 5- 0

62.  SER Jason S. Hicks v. James Huppenthal, Warden, No. 060668 (Filed 3/16/06)
The Petitioner seeks a habeas claiming that he was unlawfully induced into pleading guilty, that the judge was the same judge he had previously, that the conviction was a violation of double jeopardy, and that he had ineffective assistance of counsel. - Refuse 5- 0

63.  SER Amy G. Dolly v. Dale Humphries, Warden, No. 060815 (Filed 3/28/06)
The Petitioner seeks habeas relief claiming ineffective assistance of counsel. She claims that she was denied the right to appeal, that she did not knowingly receive stolen goods, and was required to pay excessive restitution.  - Refuse 5- 0

64.  SER Robert W. Moats v. Thomas McBride, Warden, No. 060916 (Filed 4/4/06)
The Petitioner seeks a habeas claiming that his sentence of 34 years for 2nd degree murder was too harsh taking into account his age, his part in the crime, the sentence of his co-defendant and his addiction to drugs. He seeks a hearing and a sentence to Anthony Center or to be sentenced to the same amount of time as his co-defendant (4 years).  - Refuse 5- 0

65.  SER Larry Wert v. E.I. Wensell, Administrator, No. 061074 (Filed 4/19/06)
The Petitioner seeks a writ of mandamus to compel the jail authorities to fulfill their duties to him as a inmate.  - Refuse 5- 0

66.  SER Bannar C. Catlett v. Thomas McBride, Warden, No. 061112 (Filed 4/24/06)
The Petitioner seeks habeas relief from his murder conviction claiming that the victim is not dead, but is incarcerated with the Petitioner.  - Refuse 5- 0

67.  SER Terry Walter v. William Haines, Warden, No. 061347(Filed 5/19/06)
The Petitioner seeks habeas relief from his conviction for second degree murder following his guilty plea.  - Refuse 5- 0

68.  SER Paul D. Brumfield v. Thomas McBride, Warden, No. 061487 (Filed 5/31/06) 
The Petitioner seeks a writ of habeas corpus claiming that his sentences for a burglary and a unrelated robbery were illegal and excessive.  - Refuse 5- 0

69.  SER Henry Persinger v. Thomas McBride, Warden, No. 061490 (Filed 6/1/06) 
The Petitioner seeks habeas relief from his jury convictions for two counts of 1st degree sexual assault and two counts of incest where he was sentenced to 25-65 years in the penitentiary. 
 - Refuse 5- 0

70.  SER James L. Reed v. William Fox, Warden, No. 061503 (Filed 6/6/06) 
The Petitioner seeks habeas relief by requesting good time for time he allegedly spent in jail awaiting his parole revocation. - Deferred

71.  SER Pamela J. Sheaves v. Dale Humphries, Administrator, No. 061716 (Filed 6/21/06)
The Petitioner seeks habeas relief challenging her conviction for Taking the Identity of Another and Fraudulent Schemes. - Refuse 5- 0

72.  SER Charles B. Franklin v. WV Bd. of Probation & Parole, No. 061734 (Filed 6/22/06)
The Petitioner seeks a writ of mandamus to compel the parole board to transcribe a copy of the parole hearings he had on April 1, 2002, and April 1, 2003.   - Refuse 5- 0

73.  SER Crystal Eagle v. WV Board of Probation and Parole, No. 060745 (Filed 3/22/06)
The Petitioner seeks a order to the West Virginia Parole Board correcting her minimum parole eligibility date.   - Refuse 5- 0

74.  SER 1Starr Dalton v. WV Board of Probation and Parole, No. 060971 (Filed 4/7/06)
The Petitioner requests a mandamus that compels the Parole Board to provide him with transcripts of his March 1, 2006 hearing.  - Refuse 5- 0

75.  SER Carl Gillian v. John Hutchison, Judge, No. 061194 (Filed 5/3/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to act on his habeas petition. 
Refuse As Moot

76.  SER Richard D. Murray, Sr. v. Gray Silver, III, Judge, No. 060966 (Filed 4/10/06)
The Petitioner sought a writ of prohibition to prevent his sentencing on his perjury convictions. Per his request, this Court held that petition in abeyance. The Petitioner now requests that this petition be released from abeyance and restored, or to be treated as a mandamus.  - Refuse 5- 0

77.  SER Richard D. Murray, Sr. v. Christopher Wilkes, Judge, No. 061212 (Filed 5/4/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to give him credit for time he advised he served. - Deferred

78.  SER Charles Falcone v. Ohio County Circuit Court, No. 061349 (Filed 5/16/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to act on his habeas petition.
- Deferred

79.  SER James F. Pipes v. Berkeley County Circuit Court, No. 061581 (Filed 6/13/06) 
The Petitioner seeks a mandamus requiring the circuit court to take action on his motions and to have a habeas hearing. He requests that an out of state attorney be appointed or one not in the Eastern Panhandle. - Deferred

80.  SER Charles Nelson v. Logan County Circuit Court, No. 061644 (Filed 6/15/06)
The Petitioner seeks writ of mandamus to compel the circuit court to take action on his habeas corpus petition.  - Refuse 5- 0

81.  SER Charles Haynes v. Greenbrier County Circuit Court, No. 061736 (Filed 6/15/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to send him copies of his criminal cases that he requested under the Freedom of Information Act.   - Refuse 5- 0

82.  SER Mark Hosea v. Raleigh County Circuit Court , No. 061865 (Filed 6/26/06)
The Petitioner seeks a writ of mandamus to compel the circuit court to file his motion for credit for time served and to issue a decision on the motion. - Deferred

83.  SER James Reynolds v. Robert Waters, Judge, No. 060747 (Filed 3/20/06) 
The Petitioner seeks a writ of mandamus to compel the circuit court to issue a ruling in his case. 
Grant 5- 0 Unless Sooner Mooted

84.  William Cunningham, John Doe v. Joe Manchin, Governor, No. 060940 (Filed 4/6/06)
The Petitioners are registered sex offenders who seek an Injunction to prevent the Child Abuse Protection Act of 2006 from taking effect in October of 2006.   - Refuse 5- 0

85.  In the Matter of: Leanne Nichole M.; Travis C. & Ashley C., No. 061452 (Filed 5/30/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (March 14, 2006) order that terminated her parental rights to three children. She seeks an appeal of the termination of her rights to one child (Travis C.).  - Refuse 5- 0

86.  In the Matter of: Nichole Dawn K., No. 061514 (Filed 6/8/06)
The Petitioner father seeks an appeal of the circuit court’s (November 18, 2004) order that terminated his parental rights. The Petitioner advised that he was not aware of the proceedings or even that the child existed at that time. He seeks reinstatement of his parental rights.   - Refuse 5- 0

87. In the Matter of: Toshia R. & Walda Shantell B., No. 061530 (Filed 6/12/06) 
The Petitioner/Mother seeks an appeal of the circuit court’s (February 16, 2006) order that terminated her parental rights. - Refuse 5- 0

88.  In the Matter of: Arthur; Nathanial; Allen; Chris; & Kevin W., No. 061566 (Filed 6/13/06)
The Petitioner/Father seeks an appeal of the circuit court’s (March 2, 2006) order that terminated his parental rights to his 3 children. He seeks a remand requiring the Department to develop a family case plan for a post-dispositional improvement period with a goal of reunification. - Refuse 5- 0

89.  In the Matter of: Arthur; Nathanial; Allen; Chris; & Kevin W., No. 061567 (Filed 6/13/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (March 2, 2006) order that terminated her parental rights to her five children. She seeks a reversal and remand for further disposition, with instructions to consider less drastic alternatives.  - Refuse 5- 0

90.  In the Matter of: Devon H. and Angelica H., No. 061591 (Filed 6/15/06)
The Petitioner/parents seek an appeal of the circuit court’s (February 10, 2006) order that terminated their parental rights. The parents seek a reversal and a dismissal of the case. - Refuse 5- 0

91.  In the Matter of: Nancy B. & Marie B., No. 061668 (Filed 6/19/06)
The Petitioner/Mother seeks a appeal of the circuit court’s (March 23, 2006) order that terminated her parental rights and denied her post-termination visitation.  - Refuse 5- 0

92.  In the Matter of: Siera C. & Salena C., No. 061755 (Filed 6/23/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (April 12, 2006) order that terminated her parental rights. She seeks restoration of her parental rights and to be reunited  with her children. She also seeks a stay of the termination order and restoration of visitation pending appeal.  - Refuse 5- 0

93.  In the Matter of: Siera C. & Salena C., No. 061756 (Filed 6/23/06)
The Petitioner/Father seeks an appeal of the circuit court’s (April 12, 2006) order that terminated his parental rights. He seeks restoration of his parental rights and to be reunited with his children. 
 - Refuse 5- 0

94.  In the Matter of: Devon, Sierra, Teckeyla N. & Austin R., No. 061901 (Filed 7/12/06)
The Petitioner/Mother seeks an appeal of the circuit court’s (May 1, 2006) order that terminated her parental rights and denied post-termination visitation. She seeks a reversal of the termination order and a remand for a further hearing on post-termination visitation.  - Refuse 5- 0

95.   In the Matter of: Bill T., Jr., No. 061986 (Filed 7/19/06)
The Petitioner/Father seeks an appeal of the circuit court’s (May 1, 2006) order that terminated his parental rights.  - Refuse 5- 0


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