Defendant, convicted of three counts of First Degree Sexual Assault and three counts of Incest by jury, appeals circuit court order sentencing him to serve consecutive sentence of 15-35 and 5-15 years, arguing that there was insufficient evidence to support jury conviction.

Refuse 5 - 0 

2.  State of West Virginia v. Leroy T. Mikles, No. 072857 (Filed 9/25/07)

Defendant, convicted of Aggravated Robbery by guilty plea, appeals circuit court order sentencing him to serve 45 years in prison, arguing that the circuit court erred and abused its discretion by not giving Defendant an alternative sentence or granting a stay for the completion of medical testing and that his placement in the Regional Jails rather than a DOC facility has violated Defendant’s constitutional rights. 

Refuse 5 - 0 

Former husband appeals circuit court order denying his appeal of Family Court Order making distribution of marital assets and debt and awarding permanent spousal support to Wife, arguing multiple errors in such distribution.

Grant  5 - 0 

Defendant, convicted by jury of Recidivism and sentenced to Life, seeks issuance of a writ of habeas corpus alleging failure to provide needed dental care. 

Deferred

5.  SER Brandon Cantrell v. John McKay, Administrator, No. 072627 (Filed 8/16/07)

Defendant, who entered guilty plea to Burglary and Possession of Stolen Motor Vehicle, seeks issuance of a writ of habeas corpus arguing that his guilty plea should be withdrawn based upon prosecutor’s breach of plea agreement requirement to stand silent at sentencing or in the alternative, concurrent sentencing.

Refuse 5 - 0 

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.

Deferred

Petitioners, pro se inmates at St. Marys' Correctional Center, seek issuance of a writ of habeas corpus, appointment of counsel and guaranty of freedom from retaliation from prison, claiming that their Constitutional rights are being violated due to over-crowding, inadequate grievance system; inadequate law library, censorship on mail; failure to maintain facility infrastructure; and insufficient rehabilitative services. 

Refuse 5 - 0 

Mount Olive inmates seek issuance of a writ of mandamus against Department of Corrections, alleging that DOC is not adhering to this Court’s directive in SER James Berry v. James Rubenstein, WVSCA No. 30696.

Deferred

9.  SER Misty Louise Cabral v. Kanawha County Circuit Court, No. 072742 (Filed 9/4/07)

Defendant seeks issuance of a writ of mandamus against court reporter arguing failure to prepare transcripts from underlying criminal proceedings which Defendant seeks to perfect her appeal. 

Grant 5 - 0 
Unless Sooner Mooted

10.  In the Matter of: John R., Shawn M. and Alexis M., No. 072776 (Filed 9/11/07)

Mother appeals circuit court order terminating her parental rights. 

Refuse 5 - 0 

11.  In the Matter of: Samantha S., Robert R., Brittany R., & Heather R., No. 072780 (Filed 9/12/07)

Mother appeals circuit court order terminating her parental rights.

Refuse 5 - 0 

12.  In the Matter of: Camron R., No. 072796 (Filed 9/12/07)

Maternal Grandparents appeal circuit court order awarding custody of child to paternal grandmother. 

Refuse 5 - 0 

Father appeals circuit court order terminating his parental rights.

Refuse 5 - 0 

Petitioner appeals his sentence following his conviction on three counts of sexual assault in the first degree. 

Refuse 5 - 0 

Petitioner appeals his conviction on one count of obtaining money by false pretenses by use of a fraudulent scheme and the court’s subsequent denial of his Motion to Set Aside Verdict.

Refuse 5 - 0 

Petitioner appeals the court’s denial of his Motion for Reconsideration of Sentence after he was sentenced to two consecutive terms of ten to twenty-five years in prison for two counts of second degree sexual assault. 

Refuse 5 - 0 

Plaintiffs/Petitioners appeal the Order Denying Plaintiff’s Motion to Alter or Amend Judgment, which followed the court’s Order Granting Motion for Summary Judgment of Defendant Eastern Associated Coal, LLC.

Refuse 5 - 0 

Petitioner files this petition for writ of habeas corpus raising several errors, many of which were raised in his direct appeal.

Refuse 5 - 0 

19.  SER Kenneth E. Chance, Jr. v. Thomas McBride, Warden, No. 072561 (Filed 8/9/07)

Petitioner seeks issuance of writ of habeas corpus arguing that he and other inmates are denied proper medical care by both Correctional Medical Services and Mount Olive’s warden.

Refuse 5 - 0 

Petitioner seeks issuance of writ of habeas corpus, arguing that he has been denied credit for time served.

Refuse 5 - 0 

Petitioners seek issuance of writ of mandamus compelling the Commissioner of the DOC to transfer them from a regional jail to a DOC facility.

Refuse 5 - 0 

Petitioner seeks issuance of writ of mandamus to compel the circuit court to produce certain requested documents.

Deferred

Petitioner seeks issuance of writ of mandamus to compel the circuit court to take action on his petition for writ of habeas corpus and the related motions.

Grant 5 - 0 
Unless Sooner Mooted

Petitioner/Father appeals the termination of his parental rights to Serenity M. and the court’s refusal to reverse his relinquishment of parental rights to George M.

Refuse 5 - 0