Defendant, convicted of probation violation and incarcerated for 1- 5 years, appeals circuit court order denying Defendant’s motion for probation, home confinement or alternative sentencing.

Refuse 5 - 0 

Defendant, convicted of Driving upon License suspended for DUI and Assault by guilty plea and sentenced to serve concurrent six month jail term for those two offenses to run consecutively with parole revocation for a prior Breaking and Entering conviction, appeals circuit court order denying his motion for reduction of his sentence.

Refuse 5 - 0 

Defendant, convicted by magistrate court jury of Third Degree Sexual Abuse, appeals circuit court order denying his appeal from magistrate court conviction. 

Defendant, convicted of Third Offense Domestic Assault by guilty plea appeals circuit court order denying his motion for reduction of his prison sentence of 1-5 years, arguing that he should have received alternative sentencing or alternatively, a prison term of 1-3 years.

Refuse 5 - 0

5.  Donnie Knight v. CSX Transportation, Inc., No. 063397 (Filed 12/15/06)

Plaintiff in FELA action appeals circuit court order granting defendant’s motion for new trial based upon after-acquired evidence.

Refuse 5 - 0

 6.  Warren Thornhill, III & Donald Hodson v. EMCO Glade Springs Hospitality, LLC, No. 063556 (Filed 12/20/06)

Glade Springs residents, pro se, apply for injunction to bar motorcycles from resort area.

Refuse 3 - 2
 ( Starcher, J, & Albright, J.)

Habeas petitioner appeals circuit court order denying his habeas petition following omnibus hearing, arguing that he received ineffective assistance of his trial counsel who failed to inform him of the correct penalty for the crime charged causing him to proceed to trial rather than taking a favorable plea agreement offered by the State.

Refuse 3 - 2
 ( Starcher, J, & Albright, J.)

Plaintiff in land dispute appeals circuit court order granting summary judgment to Defendants and dismissing Plaintiff’s complaint, arguing that the Division of Highways violated his Due Process rights by failing to follow legal requirements for the transfer of excess property.

Refuse 5 - 0

9.  Billie Trautwein and Gary Phil Trautwein v. Bill Parsley and Peggy E. Parsley, No. 070168 (Filed 1/17/07)

Defendants in property suit brought by Plaintiffs to obtain prescriptive easement appeals circuit court order finding Defendants liable for encumbering and damaging Plaintiffs’ property and awarding a prescriptive easement to Plaintiffs across Defendants’ property.

Refuse 5 - 0

10.  Louis Penley v. Brenda Penley, No. 063493 (Filed 12/28/06)

Husband appeals circuit court order denying his appeal of Family Court order dealing with equitable distribution issues.

Refuse 5 - 0

11.  Nancy J. Kemp v. Richard H. Kemp, No. 070009 (Filed 1/3/07)

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 5 - 0

12.  SER Darla Danielle Massie v. Dale Humphreys, Warden, No. 063439 (Filed 12/18/06)

Prisoner seeks issuance of a writ of habeas corpus.

Refuse As Moot

13.  SER Lovell Griffin v. William Haines, Warden, No. 063554 (Filed 12/29/06)

Defendant seeks issuance of a writ of habeas corpus arguing that he was denied credit for time served.

Refuse 3 - 2
 ( Starcher, J, & Albright, J.)

Prisoner, convicted of Death of Child by Parent, seeks issuance of a writ of habeas corpus challenging terms of confinement. 

Defendant, convicted of Operating a Clandestine Drug Lab and two counts of Possession of Child Pornography by Alford plea, seeks issuance of a writ of habeas corpus.

Refuse 5 - 0

16.  SER Marcus Cockerham & Ronald Williams v. Thomas McBride, Warden, No. 070154 (Filed 1/16/07)

Mt. Olive inmates seeks issuance of a writ of habeas corpus alleging that Department of Corrections owes them reimbursement for personal property destroyed by Department of Corrections Personnel.

Refuse 5 - 0

17.  SER Jaremy Adkins v. Teresa Waid, Warden , No. 070196 (Filed 1/18/07)

Huttonsville inmate seeks a writ of habeas corpus arguing that prison officials violated his Double Jeopardy protections by sentencing him twice for drug infraction which occurred in one transaction.

Defendant seeks issuance of a writ of mandamus arguing that the circuit court has not promptly held a hearing regarding his underlying habeas petition.

Refuse As Moot

19.  SER Oscar Finley v. Hon. Alfred Ferguson, Judge No. 063386 (Filed 12/7/06)

Defendant seeks issuance of a writ of mandamus arguing that circuit court has failed to rule upon his pending motions for appointment of counsel in underlying habeas corpus action. 

Defendant convicted of second degree murder and sentenced to 35 years in prison seeks issuance of a writ of mandamus arguing that the circuit court failed to rule in his prior two habeas actions on certain issues raised therein. 

Prisoner, convicted of Death of Child by Parent, seeks issuance of a writ of mandamus to transfer him to a DOC facility. 

Refuse 5 - 0

22.  SER David S. Branham v. Hon. Irene Berger, Judge, No. 070058 (Filed 1/8/07)

Defendant seeks issuance of a writ of mandamus arguing that the circuit court had failed to act promptly in his underlying habeas corpus petition.

Father appeals circuit court order terminating his parental rights. 

Refuse 5 - 0

24.  In the Matter of: Kenneth, Betty & Audrey K., No. 063434 (Father’s Appeal)
(Filed 12/20/06)

Father appeals circuit court order terminating his parental rights.

Refuse 3 - 2
 ( Starcher, J, & Albright, J.)

Mother appeals circuit court order which terminated her parental rights. 

Mother appeals circuit court order denying her motion to reopen abuse and neglect proceeding and denying her request to present her own testimony in support of that motion as to the circumstances of duress alleged to have occurred in the voluntary relinquishment of her parental rights to child.

Grant 5 - 0

27.  In the Matter of: Adam Joseph W., No. 070022 (Filed 1/4/07)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

Father, pro se, appeals circuit court order granting his voluntary relinquishment of parental rights and requests appointment of a new counsel.

Refuse 5 - 0

Petitioner seeks an appeal of his jury conviction for four (4) counts of Sexual Abuse in the 1^st degree of a seven (7) year old victim. He was sentenced to consecutive 1-5 year sentences on each count.

Refuse 5 - 0

31.  State of West Virginia v. Bradley Justin Giffen, No. 063398 (Filed 12/15/06)

Petitioner seeks an appeal of his guilty plea to 2^nd offense domestic battery, 2^nd offense domestic assault and indecent exposure. He was sentenced to 6 months in jail on the domestic battery, 6 months in jail on the domestic assault, and 90 days on the indecent exposure. All the sentences were ran consecutive and consecutive to another sentence.

Refuse 5 - 0

32.  State of West Virginia v. Michael Lee Mercer, No. 063507 (Filed 12/28/06)

Petitioner seeks an appeal of his conviction by a jury of failing to provide support to a minor. He was sentenced to 1-3 years in the penitentiary. His sentence was suspended and he was placed on probation for 5 years. He seeks a new trial.

Refuse 3 - 2
 ( Starcher, J, & Albright, J.)

Petitioner seeks an appeal of his criminal conviction based on his guilty plea to two (2) counts of 1^st degree sexual abuse. He was sentenced to consecutive 1-5 year sentences. 

Petitioner seeks an appeal of his guilty plea to 1^st degree robbery with a firearm. He was sentenced to 15 years.

Refuse 3 - 2
 ( Starcher, J, & Albright, J.)

Petitioners seek an appeal of the circuit court’s order that denied their request for permanent relief. Petitioners had earlier sought an injunction to require the Secretary of State to place Simon McClure on the ballot as the Libertarian candidate for Governor of the State of West Virginia in 2004. The court initially denied preliminary relief and then entered an order denying permanent relief on August 4, 2006. They seek a finding that W.Va. Code § 3-5-23 and § 3-5-24 are unconstitutional as to the requirements of having to file nomination signatures of 2% of the number of votes cast in the proceeding election and as to the deadline for filing the signatures. 

The Petitioner seeks an appeal of the circuit court's (August 28, 2006) order that denied Petitioner's motion for a new trial based on his assertion that the jury verdict form improperly apportioned responsibility on his FELA claim. The jury had found that CSX and the Petitioner were both negligent and that alternative causes contributed to the injuries. 

Petitioner seeks an appeal of the circuit court’s (June 27, 2006) order that denied his habeas petition.

The Petitioner seeks an appeal of the circuit court’s summary judgment (September 20, 2006) order that granted a declaratory judgment finding that the contested land reverted back to the respondent. 

Petitioner seeks an appeal of the circuit court’s (October 10, 2006) order that denied the Petitioner’s request for appeal from the family court’s order denying her alimony. 

Petitioner seeks an appeal of the family court’s order that denied his request for credit on child support payments. 

Petitioner claims he was convicted falsely and no appeal has been filed for him by the Public Defenders Office. 

Petitioner seeks habeas relief claiming that his wife is not allowed to visit him. He also seeks to be placed back on parole because of prison overcrowding, or to be sent to another facility.

Petitioner seeks habeas relief from his conviction and sentence for manufacturing methamphetamine. 

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.

Petitioner seeks a transfer to the penitentiary.

Petitioner seeks a writ of mandamus to require the circuit court to take action on his habeas petition.

Petitioner seeks a mandamus to require the circuit court to review his habeas petition.

Petitioner seeks a writ of mandamus to stop the circuit court from granting any more extensions of time for the State to file an answer in the Petitioner’s habeas motion and to compel the circuit court to make a ruling on the Petitioner’s habeas. 

Petitioner seeks a writ of prohibition to compel the circuit court to permit his civil appeal to be sent to this Court based on his affidavit stating he does not have the funds to pay for copying the file.

Petitioner seeks an appeal of the circuit court’s (March 21, 2006) order that denied his motion to modify the disposition in an abuse and neglect case.

Petitioners/Parents seek an appeal of the circuit court’s (September 29, 2006) order that terminated their rights to the child. 

Petitioner mother seeks an appeal of the circuit court’s (October 24, 2006) order that terminated her parental rights to James W., II, and the (November 9, 2006) order that denied post termination visitation with both children. 

The Petitioner seeks an appeal of the circuit court’s (July 31, 2006) order that terminated her parental rights. 

Petitioner/Mother seeks an appeal of the circuit court’s (September 28, 2006) order that terminated her parental rights to her children.

The Petitioner/Mother seeks an appeal of the circuit court’s (October 25, 2006) order that terminated the Petitioner’s post-termination visitation with one of her daughters.

Petitioner/father seeks an appeal of the circuit court’s (September 15, 2006) order that terminated his parental rights.

Refuse 5 - 0

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