November 20, 2007 Writ Conference

West Virginia Supreme Court of Appeals

Writ Conference
Tuesday, November 20, 2007

1. State of West Virginia v. Dan L. Johnson & Barbara Johnson, No. 073163 (Filed 10/23/07)

Defendant, convicted of Delivery of a Schedule IV Controlled substance (Xanax) by guilty plea, appeals circuit court order sentencing him to serve 1-3 years in prison, arguing improprieties in the underlying criminal investigation.

Refuse 5 - 0

2. SER John A. Scites, Jr. v. Jay Hoke, Judge, No. 071676 (Filed 5/22/07)

Defendant whose direct criminal appeal of his conviction of Second Degree Sexual Assault was granted by this Court and remanded for consideration of juror disqualification error by circuit court, appeals circuit court’s order finding no merit in the issue remanded for decision.

Refuse 5 - 0

3. SER Kevin Cart v. Evelyn Seifert, Warden, No. 072614 (Filed 8/20/07)

Petitioner, pro se, petitions for credit for time served as a juvenile. Petitioner was convicted of First Degree Sexual Assault and Nighttime Burglary, and sentenced 15-35 years and 1-15 to run consecutively. Petitioner was charged as an adult but wants credit for time served as a juvenile.

Remand to Circuit Court for Appointment of Counsel, Hearing
& Order on Credit for Time Served Issue

4. In the Matter of: Jennifer D. F., Juvenile, No. 073094 (Filed 10/17/07)

Father appeals circuit court order terminating his parental rights arguing that proper disposition was legal guardianship.

Refuse 5 - 0

5. In the Matter of: Gary Wayne H. and Brandon H., No. 073144 (Filed 10/22/07)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

6. In the Matter of: Allen Y., William Y., Rebecca Y., and Amanda Y., No. 073172 (Filed 10/24/07)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

7. In the Matter of: Brandon L., No. 073214 (Filed 10/26/07)

Guardian-ad-litem appeals circuit court order granting Mother a post-dispositional improvement period.

Defer

8. In the Matter of: Olliena H. and Dakota W., No. 073215 (Filed 10/26/07)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0

9. State of West Virginia v. Christopher J., No. 072958(Filed 10/4/07)

Petitioner, a juvenile, appeals his sentence to the Industrial Home for Youth, arguing that the court abused its discretion in not choosing a less restrictive alternative.

Refuse 3 -2
( Starcher, Albright)

10. In the Matter of: Catherine H., No. 072962 (Filed 10/4/07)

Petitioner/Father appeals the termination of his parental rights, arguing that he was denied his due process right to a meaningful hearing because his invocation of his 5^th Amendment privilege against self-incrimination placed him at a significant disadvantage at the abuse and neglect proceedings and that the termination of his parental rights violated his fundamental right to have custody of his children.

Refuse 5 - 0

11. In the Matter of: Donovan L. L. & Jade L., No. 073000 (Filed 10/9/07)

Petitioners appeal the termination of their parental rights, arguing that the court failed to follow the mandates of West Virginia Code § 49-6-5(a)(6), that DHHR failed to prove that Petitioners’ parental rights should be terminated, and that the termination of Petitioners’ parental rights violated the ADA.

Refuse 5 - 0

12. In the Matter of: Baylen R., Haley R., & Kemper R., No. 073020 (Filed 10/10/07)

Petitioners/Parents appeal the termination of their parental rights, arguing that the court erred in ruling that there is no reasonable likelihood that the circumstances which led to the removal of the children can be corrected in the foreseeable future.

Refuse 5 - 0

13. In the Matter of: Bryan D., No. 073081 (Filed 10/16/07)

Petitioner/Mother appeals the termination of her parental rights, arguing that the court should have granted her an improvement period.

Refuse 5 - 0

14. In the Matter of: Tiffany, John & David G., No. 072955 (Filed 10/17/07)

Petitioner/Mother appeals the termination of her parental rights and argues that the court should have chosen a less drastic alternative to termination.

Refuse 3 -2
( Starcher, Albright)

15. In the Matter of: Megan A. M. & Mariah N. M., No. 073089 (Filed 10/17/07)

Petitioner/Father appeals the courts denial of post-termination visitation with his children, arguing that there is no evidence to support the court’s finding that the denial of visitation is in the best interests of the children.

Refuse 5 - 0

16. In the Matter of: Anthony E. M., No. 073216 (Filed 10/26/07)

Petitioner/Father appeals the termination of his parental rights, arguing that he should have been granted an improvement period as he was not the abuser.

Refuse 5 - 0