Writ Conference
Thursday, April 19, 2007
1. Allen Johnson v. William Haynes, Warden, No. 070872 (Filed 3/20/07)
Habeas petition, convicted by jury of First Degree Sexual Abuse, Abduction of a person, Assault during the commission of a felony, and Sexual Assault in the Second Degree and sentenced to consecutive sentences, appeals circuit court order denying his habeas petition, following omnibus hearing, arguing multiple constitutional error in his underlying criminal trial.
Refuse 4 - 0
(Starcher, J., Not Participating)
2. Nancy J. Kemp v. Richard H. Kemp, No. 070595 (Filed 2/21/07)
Wife appeals circuit court order affirming Family Court order that ruled that Husband’s obligation for child’s college expenses was $100 per month and that the 18 year old daughter was not allowed to be party to the proceedings.
Refuse 4 - 0
(Starcher, J., Not Participating)
3. SER Shawn Hill v. Thomas McBride, Warden, No. 070593 (Filed 12/22/06)
Prisoner, pro se, appeals circuit court order dismissing his civil action against police officers for alleged constitutional rights violations.
Refuse 4 - 0
(Starcher, J., Not Participating)
4. SER David Carr v. Teresa Waid, Warden, No. 070290 (Filed 1/26/07)
Huttonsville inmate seeks issuance of a writ of habeas corpus requiring warden to allow use of library computer and discs for preparation of a Zain III habeas writ.
Refuse 3 - 1
(Albright, J.)
(Starcher, J., Not Participating)
5. SER Joseph Terrance Grodin v. Jerry Detrick, Admin., No. 070574 (Filed 2/26/07)
Defendant seeks issuance of a writ of habeas corpus arguing ineffective assistance of counsel.
Refuse As Moot
6. SER James Berry, William Swiger, Lloyd Buckhannon v. Thomas McBride, Warden, No. 070749 (Filed 3/7/07)
Inmates at the Mt. Olive Correctional Complex seek extraordinary relief challenging the total tobacco ban that they claim is to be instituted on July 1, 2007.
Refuse 4 - 0
(Starcher, J., Not Participating)
7. SER Aaron Michael Pankey v. Hon. Alfred Ferguson, Judge, No. 070306 (Filed 1/30/07)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court has acted with unreasonable delay in conducting an omnibus hearing in his underlying habeas corpus petition.
Grant 4 - 0
Unless Sooner Mooted
(Starcher, J., Not Participating)
8. SER James Sigley v. Marion County Circuit Court, No. 070719 (Filed 3/6/07)
Defendant seeks issuance of a writ of mandamus arguing that he wants a fair and complete copy of record of habeas proceedings below.
Refuse 4 - 0
(Starcher, J., Not Participating)
9. In the Matter of: Charles M., No. 070565 (Filed 2/26/07)
Mother appeals circuit court order terminating her parental rights.
Refuse 4 - 0
(Starcher, J., Not Participating)
10. In the Matter of: Brandon W. and James W., No. 070627 (Filed 3/1/07)
Mother and Father appeal circuit court order terminating their parental rights.
Refuse 4 - 0
(Starcher, J., Not Participating)
11. In the Matter of: Quincy S., Tylor S. and Dylon S., No. 070669 (Filed 3/5/07)
Father appeals circuit court order terminating his parental rights.
Refuse 4 - 0
(Starcher, J., Not Participating)
12. In the Matter of: Lexington D., Dylan D., and Yonni P., No. 070763 (Mother’s Appeal)
(Filed 3/12/07)Mother appeals circuit court order terminating her parental rights.
Refuse 4 - 0
(Starcher, J., Not Participating)
13. In the Matter of: Lexington D., Dylan D., and Yonni P., No. 070764 (Father’s Appeal) (Filed 3/12/07)
Father appeals circuit court order terminating his parental rights.
Refuse 4 - 0
(Starcher, J., Not Participating)
14. In the Matter of: Brandon Lee W., & Austen Nicholas S., No. 070766 (Filed 3/12/07)
Mother appeals circuit court order terminating her parental rights.
Refuse 4 - 0
(Starcher, J., Not Participating)
15. In the Matter of: Katie Marie N., No. 070767 (Filed 3/12/07)
Possible adoptive mother appeals circuit court order refusing to place infant in abuse and neglect case with Petitioner/adoptive parents of her sibling and instead placing her with other foster parents who desire to adopt her.
Refuse 3 - 1
(Albright, J.)
(Starcher, J., Not Participating)
16. In the Matter of: Samuel C. and Alexis C., No. 070867 (Filed 3/20/07)
Father appeals circuit court order terminating his parental rights.
Refuse 4 - 0
(Starcher, J., Not Participating)
17. In the Matter of: William C., Corey C., and Jacob C., No. 070870 (Filed 3/20/07)
Mother appeals circuit court order terminating her parental rights.
Refuse 4 - 0
(Starcher, J., Not Participating)
18. State of West Virginia v Jeffrey Melvin, No. 070564 (Filed 2/26/07)
Petitioner (who pled guilty) seeks an appeal of his consecutive sentences of five years for Felon in Possession of a firearm, 30 years for 1st degree robbery and one year for battery.
Refuse 4 - 0
(Starcher, J., Not Participating)
19. State of West Virginia v. Stephen Lee Kilborn, No. 070730 (Filed 3/7/07)
Petitioner seeks an appeal of his sentence for uttering and petit larceny after he pled guilty to those charges.
Refuse 4 - 0
(Starcher, J., Not Participating)
20. State of West Virginia v. Duncan Burress, No. 070808 (Filed 3/14/07)
Defendant seeks an appeal of his seventy-five (75) year sentence for 1st degree robbery based on his guilty plea.
Refuse 4 - 0
(Starcher, J., Not Participating)
21. State of West Virginia v. Jeffrey S. Ball, No. 070886 (Filed 3/23/07)
Petitioner seeks an appeal of his conviction and sentence for three (3) counts of obtaining money under false pretenses.
Refuse 4 - 0
(Starcher, J., Not Participating)
22. SER David William Courtney v. Edward J. Rudloff, Administrator, No. 070599 (Filed 2/28/07)
Petitioner seeks an appeal of the circuit court’s (October 16, 2006) order that denied the Petitioner habeas relief.
Refuse 4 - 0
(Starcher, J., Not Participating)
23. Terri Pauley v. WV Physicians for Women, No. 070673 (Filed 3/5/07)
Petitioner seeks an appeal of the circuit court’s (October 24, 2006) order that denied the Petitioner’s motion for a new trial after a jury verdict in favor of the respondents in this medical malpractice claim.
Refuse 4 - 0
(Starcher, J., Not Participating)
24. Warren D. Wamsley v. Thomas McBride, Warden, No. 070760 (Filed 3/9/07)
Petitioner seeks an appeal of the circuit court’s (September 13, 2006) order that denied his habeas corpus petition that challenged his conviction for multiple sexual offenses.
Refuse 4 - 0
(Starcher, J., Not Participating)
25. James Lee Grass v. Huttonsville Correctional Facility, No. 070890 (Filed 3/23/07)
Petitioner/Inmate seeks an appeal of the circuit court’s order that denied his habeas petition.
Refuse 4 - 0
(Starcher, J., Not Participating)
26. SER Harvey Patrick Short v. William J. Charnock, Pros. Atty., No. 070594 (Filed 2/22/07)
Petitioner seeks a writ of prohibition to prevent the prosecutor from prosecuting him for 2nd degree robbery.
Refuse 4 - 0
(Starcher, J., Not Participating)
27. SER Harvey P. Short v. John McKay, Administrator, No. 070958 (Filed 3/29/07)
Petitioner seeks to prevent his upcoming trial for 2nd degree robbery.
Refuse 4 - 0
(Starcher, J., Not Participating)
28. SER Jack L. Barker v. Thomas McBride, Warden, No. 070572 (Filed 2/26/07)
Petitioner seeks habeas relief from his life sentence for recidivism.
Refuse 3 - 1
(Albright, J.)
(Starcher, J., Not Participating)
29. SER Phillip Reese Bush v. Circuit Court of Ohio County, No. 062273 (Filed 8/18/06)
The Petitioner seeks a mandamus requiring the circuit court to take action on his petition.
Grant 4 - 0
Unless Sooner Mooted
(Starcher, J., Not Participating)
30. SER James G. Woodson v. James Rowe, Judge, No. 070750 (Filed 3/5/07)
Petitioner seeks a writ of prohibition to prevent the circuit court from taking any further action on his case.
Refuse 4 - 0
(Starcher, J., Not Participating)
31. SER Bruce White, et al. v. Court of Claims & Cheryl Hall, No. 070823 (Filed 3/13/07)
Petitioners seek a writ of mandamus to compel payment of the awards granted to them by the Court of Claims.
Refuse 4 - 0
(Starcher, J., Not Participating)
32. SER Edward R. Jones v. James Rubenstein, Commissioner, No. 070936 (Filed 3/16/07)
Petitioner seeks transferred to the penitentiary.
Refuse 4 - 0
(Starcher, J., Not Participating)
33. SER Israel Davis v. James Rubenstein, Commissioner, No. 070937 (Filed 3/16/07)
Petitioner seeks transferred to the penitentiary.
Refuse 4 - 0
(Starcher, J., Not Participating)
34. SER Craig L. Craft v. Janey Wigal, Wirt County Magistrate, et al., No. 070573 (Filed 2/26/07)
Petitioner seeks a writ of prohibition to prevent the magistrate court from proceeding on his driving offense charges, to have a 1996 DUI conviction expunged, and to be issued a new license.
Refuse 4 - 0
(Starcher, J., Not Participating)
35. In the Matter of: Christopher C., No. 070672 (Filed 3/5/07)
Petitioner seeks an appeal of the circuit court’s (November 9, 2006) order that terminated her parental rights.
Refuse 4 - 0
(Starcher, J., Not Participating)
36. In the Matter of: Summer D., No. 070871 (Filed 3/20/07)
Petitioner/GAL seeks an appeal of the circuit court’s (January 18, 2007) order that denied the GAL’s motion to file an amended petition and that ordered the father should have custody of the child.
Grant 4 - 0
(Starcher, J., Not Participating)
37. In the Matter of: Alysia Erin C. & Clarissa Ann C., No. 070865 (Filed 3/20/07)
Petitioner (grandmother of Alysia and Clarissa C.) seeks an appeal of the circuit court’s (September 12, 2006) order that denied her motion to intervene in the abuse and neglect case.
Refuse 4 - 0
(Starcher, J., Not Participating)
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