West Virginia Supreme Court of Appeals

Writ Conference

Wednesday, April 8, 2009

1.  State of West Virginia v. Walter Scott Sparks, No. 090025 (Filed 1/17/09)

Defendant, convicted of two counts of Delivery of a Controlled Substance by jury, appeals circuit court order sentencing him to serve consecutive terms of 1-15 years, arguing Double Jeopardy, Due Process, and Insufficiency of the Evidence. Refuse 5 - 0

2.  State of West Virginia v. Shelia Toland, No. 090055 (Filed 1/13/09)

Defendant, convicted of multiple counts of Forgery by guilty plea, appeals circuit court order sentencing her to serve 4-40 year prison term, arguing that her sentence was disproportionate and excessive. Refuse 5 - 0

3.  State of West Virginia v. William R. Spears, No. 090195 (Filed 2/4/09)

Defendant, convicted of three First Degree Murders, First Armed Robbery, Conspiracy by jury, appeals circuit court order denying his pro se motion for post-trial DNA testing. Refuse 5 - 0

4.  State of West Virginia v. Lee Roy Harron, No. 090343 (Filed 3/6/09)

Defendant, convicted of two counts of Attempted Murder by guilty plea, appeals circuit court order sentencing him to serve two three to fifteen (3-15) year sentences in prison, arguing that the circuit court erred in denying his motion for reduction of sentence as his medical condition cannot be adequately treated in prison. Refuse 5 - 0

5.  J. Herman Isner v. Maplewood Cemetery Co., No. 090016 (Filed 1/6/09)

Corporation appeals circuit court order following bench trial as to rules which control disinterment of bodies from cemetery. Refuse 5 - 0

6.  SER Leroy P. Mower v. David Ballard, Warden, No. 090087 (Filed 1/20/09)

Habeas petitioner appeals circuit court order denying his habeas petition. Refuse 5 - 0

7.  Craig and Paula Erhard v. Gregory Drabnis et. al., No. 090153 (Filed 1/28/09)

Plaintiffs below appeal circuit court order granting summary judgment to lender, arguing that summary judgment was granted precipitously as discovery was ongoing, that the trial court erroneously granted summary judgment based upon the exculpatory language contained in the bank’s construction loan agreement, and that a genuine issue of material fact existed as to whether the bank breached its contract with Plaintiffs. Refuse 5 - 0

8.  SER Vernon H. Dunlap, Sr. v. Thomas McBride, Warden, No. 090199 (Filed 2/5/09)

Habeas petitioner, convicted of First Degree Murder by jury and sentenced to Life without Mercy, appeals circuit court order denying his habeas corpus petition following omnibus hearing. Grant 5 - 0

9.  Mary Jane Carpenter (Yorty) v. Glen Carpenter, No. 081593 (Filed 8/6/08)

Husband in divorce case appeals circuit court order affirming Family Judge Born’s decision equally dividing funds held by the couple which resulted from a personal injury settlement award to the husband. Refuse 5 - 0

10.  The marriage of: Michael A. Whetzel and Amelia Whetzel, No. 081878 (Filed 9/19/08)

Husband appeals circuit court order dismissing his appeal of Family Court order as untimely filed. Grant & Remand 5 - 0

11.  SER Bobby Roddy v. David Ballard, Warden, No. 090044 (Filed 1/12/09)

Defendant seeks issuance of a writ of habeas corpus asking for protection against prison staff. Refuse 5 - 0

12.  SER Roger P. Parsons v. Teresa Waid, Warden, No. 090048 (Filed 1/13/09)

Habeas petitioner seeks issuance of habeas corpus allowing immediate discharge from incarceration due to allegations of lack of subject matter jurisdiction of the circuit court in his underlying habeas corpus currently pending in circuit court. Refuse 5 - 0

13.  SER Jerry Rose v. David Ballard, Warden, No. 090062 (Filed 1/13/09)

Prisoner seeks issuance of a writ of habeas corpus, alleging that prison has improperly placed him in a shared cell. Refuse 5 - 0

14.  SER Bradley O. Lester v. Hon. Michael Thornsbury, Judge, No. 090036 (Filed 1/7/09)

Habeas petitioner below seeks issuance of a writ of mandamus against circuit court alleging improper delay in the adjudication of his underlying habeas corpus petition. Deferred

15.  SER Desmond Whited v. James Rubenstein, Comm’r, No. 090040 (Filed 1/12/09)

Regional Jail inmate seeks issuance of a writ of mandamus against the Department of Corrections to transfer him to a DOC facility. Refuse 5 - 0

16.  SER Brandon Rieder v. James Rubenstein, Comm’r, No. 090168 (Filed 1/22/09)

Regional Jail inmate seeks issuance of a writ of mandamus against the Department of Corrections to transfer him to a DOC facility. Refuse 5 - 0

17.  In the Matter of: Daniel C. and Ariees M., No. 090168 (Filed 2/2/09)

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

18.  In the Matter of: William James S., No. 090212 (Father’s Appeal) (Filed 2/9/09)

Father appeals circuit court order terminating his parental rights. Refuse 5 - 0

19.  In the Matter of: William James S., No. 090219 (Mother’s Appeal) (Filed 2/11/09)

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

20.  In the Matter of: Peter L., Jason G., Jr, and Tristan E. G., No. 090238 (Filed 2/18/09)

Mother and Father appeal circuit court order terminating their parental rights. Refuse 5 - 0

21.  In the Matter of: Bryanna D., No. 090242 (Filed 2/18/09)

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

22.  In the Matter of: Haleigh M. and Dylan M., No. 090281 (Filed 2/23/09)

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

23.  In the Matter of: Adrian Dylan C., No. 090314 (Filed 3/2/09)

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

24.  In the Matter of: Mystic B. and Cody J., No. 090381 (Filed 3/16/09)

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

25.  In the Matter of: Elizabeth T., No. 090395 (Filed 3/17/09)

Mother appeals circuit court order terminating her parental rights. Refuse 5 - 0

26.  State of West Virginia v. William Andrew James, No. 081737 (Filed 8/27/08)

Petitioner appeals his 2003 conviction on one count of sexual assault in the first degree, one count of sexual abuse by a custodian, and one count of failure to timely register an address change as a sex offender. His sentence is 25 to 55 years in prison. Refuse 5 - 0

27.  State of West Virginia v. Gary Paul Ferrell, No. 090053 (Filed 1/13/09)

Petitioner appeals his conviction of driving on a suspended or revoked license and failure to wear a seatbelt and the denial of his motion for judgment notwithstanding the verdict. Refuse 5 - 0

28.  State of West Virginia v. Teresa Richardson, No. 090211 (Filed 2/9/09)

Petitioner appeals her conviction of obtaining money by false pretenses, arguing that the circuit court erred in admitting certain e-mails into evidence. Refuse 5 - 0

29.  SER Crystal Renee Patterson v. Adrian Hoke, Warden, No. 082264 (Filed 12/1/08)

Petitioner files this original jurisdiction petition for writ of habeas corpus alleging ineffective assistance of counsel, failure to credit for time served on home confinement, double jeopardy, and violation of a plea agreement. Refuse 5 - 0

30.  SER Willie B. McGee, Jr. v. David Ballard, Warden, No. 082271 (Filed 12/2/08)

Petitioner files this original jurisdiction petition for writ of habeas corpus alleging that this Court has refused to grant Petitioner full appellate review of his direct appeal and his appeal of a denied petition for writ of habeas corpus, denying Petitioner his right to Due Process; that the trial court committed reversible error in denying Petitioner’s motion for judgment of acquittal; that the trial court committed reversible error in refusing to give the requested defense of provocation instruction and related instructions on manslaughter; that the trial court committed reversible error in granting the State’s motion to prohibit the introduction of a WCHS videotape of Petitioner’s oral statements made while being transported to magistrate court; that Petitioner’s conviction was obtained as a direct result of ineffective assistance of counsel; that the trial court committed reversible error in denying Petitioner a fair and impartial trial; and that the trial court abused its discretion and erroneously denied Petitioner habeas relief in failing to make appropriate findings and conclusions. Refuse 5 - 0

 31.  SER James D. Hutchinson v. Edgar Lawson, Administrator, No. 082291 (Filed 12/9/08)

Petitioner files this original jurisdiction petition for writ of habeas corpus asserting that he was coerced into confessing, that the State failed to disclose exculpatory evidence, and that he was denied effective assistance of counsel. Refuse 5 - 0

32.  Cedeal Harper v. David Ballard, Warden, No. 090061 (Filed 1/13/09)

Petitioner files this original jurisdiction petition for writ of habeas corpus alleging errors in the instructions to the jury, an insufficient indictment, denial of a speedy trial, ineffective assistance of counsel, denial of a separate trial, and error in allowing the victim’s mother and aunt to testify. Refuse 5 - 0

 33.  SER Joshua Collier v. James Rubenstein, Commissioner, No. 082297 (Filed 12/5/08)

Petitioner seeks a transfer from the regional jail to a DOC facility. Refuse 5 - 0

34.  SER Larry Williams v. Jennifer Bailey-Walker, Chief Judge, No. 082293 (Filed 12/8/08)

Petitioner seeks to compel the court to take action on a petition for writ of habeas corpus, which he filed below on June 23, 2008. Refuse as Moot

35.  SER Lorenzo Smiley v. James Rubenstein, Commissioner, No. 082403 (Filed 12/17/09)

Petitioner seeks a transfer from the regional jail to a DOC facility. Refuse 5 - 0

36.  SER Jubel Ross v. James Rubenstein, Commissioner, No. 082407 (Filed 12/19/08)

Petitioner seeks a transfer from the regional jail to a DOC facility. Refuse 5 - 0

37.  SER Daniel Maxwell v. James Rubenstein, Commissioner, No. 082410 (Filed 12/23/08)

Petitioner seeks a transfer from the regional jail to a DOC facility. Refuse 5 - 0

38.  SER Robert Stewart v. James Rubenstein, Commissioner, No. 090006 (Filed 1/5/09)

Petitioner seeks a transfer from the regional jail to a DOC facility. Refuse 5 - 0

 39.  SER Daniel Dykes v. James Rubenstein, Commissioner, No. 090037 (Filed 1/7/09)

Petitioner seeks a transfer from the regional jail to a DOC facility. Refuse 5 - 0

40.  SER Ryan Edwards v. James Rubenstein, Commissioner, No. 090038 (Filed 1/9/09)

Petitioner seeks a transfer from the regional jail to a DOC facility. Refuse 5 - 0

41.  SER James Williams v. James Rubenstein, Commissioner, No. 090039 (Filed 1/9/09)

Petitioner seeks a transfer from the regional jail to a DOC facility. Refuse 5 - 0

42.  In the Matter of: Richard L.O., II, and Kimberly D.O., No. 090089 (Filed 1/20/09)

Petitioner/Mother appeals the denial of her motion for an improvement period and appeals the termination of her parental rights. Refuse 5 - 0

43.  In the Matter of: Richard L.O., II, and Kimberly D.O., No. 090090 (Filed 1/20/09)

Petitioner/Father appeals the denial of his motion for an improvement period and appeals the termination of his parental rights. Refuse 5 - 0

44.  In the Matter of: Michael Douglas J., Ashley, J., and Alyssa Grace J., No. 090136 (Filed 1/26/09)

Petitioner/Mother appeals the termination of her parental rights and the denial of post-termination visitation. Refuse 5 - 0

45.  In the Matter of: Shawntel W. and Dakota W., No. 090151 (Filed 1/28/09)

Petitioner/Father appeals the termination of his parental rights and the denial of his motion for an improvement period. Refuse 5 - 0

 


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