Writ Conference
Wednesday, November 7, 2007
1. State of West Virginia v. Phillip A. Gray, No. 072939 (Filed 10/2/07)
Defendant, convicted of Delivery of a Controlled Substance by conditional guilty plea, appeals circuit court order denying his Motion to Dismiss based upon the argument that his indictment was secured by use of illegally seized evidence via audio and video surveillance in Defendant’s home without a search warrant in violation of Defendant’s constitutional rights as determined by this Court in State v. Mullins.
Refuse 5-0
2. State of West Virginia v. Robert Allen Nickols, No. 072956 (Filed 10/4/07)
Defendant, convicted of Failure to Register as a Sex Offender by conditional guilty plea, appeals circuit court order denying his motion to dismiss which was based upon his argument that indictment violated his Ex Post Facto Clause protections.
Refuse 5-0
3. SER James Reynolds v. Timothy Bowen
, No. 073001 (Filed 10/9/07)Habeas petitioner appeals circuit court order denying his petition for habeas corpus following omnibus hearing, arguing that ineffective assistance of trial counsel led Petitioner to enter into an Alford plea which caused him to be convicted of crimes which were not substantiated by the record.
Refuse 5-0
4. SER Michael Nelson v. Teresa Waid, Warden, No. 072323 (Filed 7/19/07)
Huttonsville inmate seeks issuance of a writ of habeas corpus stating he received cruel and unusual punishment, and claims respondent has violated the principle of double jeopardy when inmate was charged with multiple rule violations for multiple tattoos. Inmate claims that white inmates with multiple tattoos were given one write-up, while he received four consecutive 90 days loss of good-time and 120 days in punitive segregation.
Refuse 5-0
5. SER Sammy Lee Davis, Sr. v. David Ballard, Warden, No. 072799 (Filed 9/7/07)
Petitioner, convicted by a jury on First Degree Murder; Sexual Assault of a Spouse; Conspiracy to Commit Murder in the First Degree; Aiding and Abetting Sexual Assault in the First Degree; and Conspiracy to Commit Sexual Assault in the First Degree seeks issuance of a writ of habeas corpus based on the serology issues in the Zain cases.
Refuse 5-0 (Premature)
6. SER Dean Eugene Gamble , Sr. v. Tom B. Scott, Administrator
, No. 072827 (Filed 9/17/07)Defendant seeks issuance of a writ of habeas corpus seeking appointment of new counsel to appeal his guilty plea to Failure to Register as a Sex Offender.
Refuse 5-0
7. SER Mary Greene v. West Virginia Division of Corrections, No. 072865 (Filed 9/4/07)
Defendant, convicted by jury of four counts of uttering and convicted by Alford plea to another separate count of uttering, seeks issuance of a writ of mandamus against the Parole Board to obtain copies of documents relating to denial of parole.
Deferred
8. SER Paul Robinson v. Brooke County Magistrate Court, No. 072841 (Filed 9/11/07)
Petitioner seeks issuance of a writ of mandamus against magistrate and magistrate clerk arguing that they have failed to act upon a criminal complaint he filed against circuit clerk for alleged failure to carry out legal duties of clerk.
Refuse 5-0
9. SER Robert V. Brown v. Hon. Joseph C. Pomponio, Jr., No. 072798 (Filed 9/12/07)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court has refused to appoint counsel to represent him in the filing of a habeas corpus petition.
Returnable below for appointment of counsel & omnibus hearing
10. ER Roger Cline v. Hon. Joseph Pomponio, No. 072836 (Filed 9/19/07)
Defendant, convicted of First Degree Murder by jury and sentenced to Life with Mercy, seeks issuance of a writ of mandamus seeking ruling on his habeas corpus petition which alleges newly discovered evidence.
Grant 5-0
Unless Sooner Mooted
11. SER John R. Arbogast v. Harrison County Circuit Court, No. 072835 (Filed 9/21/07)
Defendant seeks issuance of a writ of mandamus arguing that he has not been provided with a complete copy of his underlying criminal case.
Refuse 5-0
12. In the Matter of: Kaila H., Josslyn E., Holly P., and Taylee T., No. 072811 (Filed 9/19/07)
Mother appeals circuit court order terminating her parental rights and denying post-termination visitation.
Refuse 5-0
13. In the Matter of: Cesar Alejandro, No. 072885 (GAL’s appeal) (Filed 9/27/07)
GAL appeals circuit court order denying DHHR’s motion for modification of the disposition of Father who voluntarily relinquished his custodial and guardianship rights to infant. GAL argues for modification in order to terminate Father’s parental rights, contending that there has been a change in circumstances since prior disposition due to Father’s continued failure to visit with infant and to participate materially in infant’s life.
Refuse 5-0
14. In the Matter of: Cesar Alejandro, No. 072886 (Filed 9/27/07)
DHHR appeals circuit court order denying DHHR’s motion for modification of the disposition of Father who voluntarily relinquished his custodial and guardianship rights to infant. DHHR seeks modification in order to terminate Father’s parental rights, arguing change in circumstances since prior disposition due to Father’s continued failure to visit with infant and to participate materially in infant’s life.
Refuse 5-0
15. In the Matter of: Danielle C. & Dereck C., No. 072937 (Filed 10/2/07)
Mother appeals circuit court order terminating her parental rights.
Refuse 5-0
16. In the Matter of: Walter Lee G., No. 072943 (Filed 10/2/07)
Mother appeals circuit court order terminating her parental rights and denying post-termination visitation.
Refuse 5-0
17. In the Matter of: Jordan H., Olliena H. and Dakota W., No. 072944 (Filed 10/2/07)
Father appeals circuit court order terminating his parental rights.
Refuse 5-0
18. In the Matter of: Dallas L., Katelynn E. & Wesley E., No. 072959 (Filed 10/4/07)
Father appeals circuit court order terminating his post-relinquishment visitation with his children.
Refuse 5-0
19. In the Matter of: Dallas L., Katelynn E. & Wesley E., No. 072960 (Filed 10/4/07)
Mother appeals circuit court order terminating her post-termination visitation with her children.
Refuse 5-0
20. In the Matter of: Hallie C. & James S., No. 072963 (Filed 10/4/07)
Mother appeals circuit court order terminating her parental rights.
Refuse 5-0
21. In the Matter of: Kenisha Ann B., No. 072999 (Filed 10/9/07)
Mother appeals circuit court order terminating her parental rights.
Refuse 5-0
22. In the Matter of: Samantha S. & Hope S., No. 073022 (Filed 10/10/07)
Paternal grandparents appeal circuit court order allowing Maternal grandparents to have unsupervised overnight visits with children.
Grant 5-0
23. In the Matter of: Shantell, Natasha, & Nickoles L., No. 073082 (Filed 10/16/07)
Mother appeals circuit court order terminating her parental rights.
Refuse 5-0
24. Christopher Roper v. Corp. of Shepherdstown, WV, No. 072569 (Filed 8/16/07)
Petitioner appeals the circuit court’s Order affirming the decision of the Police Department Hearing Board which upheld his termination as a police officer in Shepherdstown.
Refuse 5-0
25. SER Steven L. Howard v. Michael Coleman, Warden, No. 072712 (Filed 8/30/07)
Petitioner appeals the denial of his petition for writ of habeas corpus.
Refuse 5-0
26. SER Shannon M. Johnson v. Dale Humphreys, Warden
, No. 072784 (Filed 9/12/07)Petitioner appeals the denial of her petition for writ of habeas corpus.
Refuse 5-0
27. Darrell Brown v. Thomas McBride, Warden, No. 072790 (Filed 9/12/07)
Petitioner appeals the denial of his petition for writ of habeas corpus.
Refuse 5-0
28. SER Harvey P. Short v. John McKay, Administrator, No. 072866 (Filed 9/19/07)
Petitioner seeks issuance of writ of habeas corpus, arguing that he is being denied his rights to a separate trial and to a preliminary hearing.
Refuse 5-0
29. SER Skilo Grisby v. William Fox, Warden, No. 072918 (Filed 9/27/07)
Petitioner seeks issuance of writ of habeas corpus alleging that Respondent is using punitive segregation as a punishment for even the most simple of write-up offenses.
Deferred
30. SER Joseph Grondin v. Wood County Circuit Court, No. 072843 (Filed 8/31/07)
Petitioner seeks the issuance of a writ of mandamus to compel the circuit court to produce the Grand Jury transcripts in his criminal case.
Deferred
31. State of West Virginia v. Joseph Grondin, No. 072919 (Filed 9/26/07)
Petitioner seeks to be granted post-conviction bail.
Refuse 5-0
32. SER Rodger Mitchell v. Jackson County Circuit Court, No. 072741 (Filed 9/4/07)
Petitioner seeks issuance of writ of mandamus to compel the court to rule on a Motion to Withdraw as counsel.
Grant 5-0
Unless Sooner Mooted
33. SER David Nice, et al. v. James Rubenstein, Commissioner, No. 072837 (Filed 9/4/07)
Petitioners seek issuance of writ of mandamus to compel the Commissioner of the DOC to transfer them from the regional jail to a prison.
Refuse 4-1
(Albright, J.)
34. SER Randall J. Lockhart v. Mercer County Circuit Court, No. 072797 (Filed 9/17/07)
Petitioner seeks issuance of writ of mandamus to compel the court to rule on his Motion for Production of Documents.
Grant 5-0
Unless Sooner Mooted
35. In the Matter of: Ashley H., No. 072778 (Filed 9/12/07)
Petitioner/Mother appeals the termination of her parental rights.
Refuse 5-0
36. In the Matter of: Jamijah A., No. 072779 (Filed 9/12/07)
Petitioner/Mother appeals the termination of her parental rights.
Refuse 5-0
37. In the Matter of: Jamijah A., No. 072806 (Filed 9/18/07)
Petitioner/Father appeals the termination of his parental rights.
Refuse 5-0
38. In the Matter of: Hannah P. and Chloee P., No. 072781 (Filed 9/12/07)
Petitioner/Mother appeals the termination of her parental rights.
Refuse 5-0
39. In the Matter of: Chandler, Tiffany, Zachary & Makayla S., No. 072856 (Filed 9/26/07)
Petitioner/Father appeals the termination of his parental rights.
Refuse 5-0
40. In the Matter of: Abbigail Faye B., No. 072878
(Filed 9/27/07)Petitioners/Grandparents appeal the order of the circuit court denying their petition for guardianship over their infant grandchild.
Grant 5-0
41. In the Matter of: Champagne S.; Danielle, Melvin, and Alonzo A.; and Aneas H., No. 072889 (Filed 9/27/07)
Petitioner/Mother appeals the termination of her parental rights.
Refuse 5-0
42. In the Matter of: Joshua C., No. 072940 (Filed 10/2/07)
Petitioner/Mother appeals the termination of her parental rights.
Refuse 5-0
43. State of West Virginia v. Donald Christopher C., No. 073083 (Filed 10/16/07)
Petitioner/Defendant appeals denial of his Motion to Reconsider the court’s transfer of his case from juvenile jurisdiction to the court’s criminal jurisdiction.
Refuse 5-0
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