*** SupCo calendar for 10/18 issue

Argument Docket
Tuesday, Oct. 26

1. SER Darrell E. Holmes and Gregory M. Gray v. Hon. Russell M. Clawges, Jr., Judge - 35628

2. State of West Virginia v. Kenneth E. McIntyre - 091772 - Petitioner appeals his conviction on four counts of sexual assault in the first degree, four counts of sexual abuse by a parent, and four counts of incest.

3. SER Dana December Smith v. Hon. Jennifer Bailey, Judge - 35683 - Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to timely rule upon pending motions in his underlying habeas corpus proceeding.- To be presented on briefs only without oral argument.

4. SER Brandon Poe v. Hon. William S. Thompson, Judge - 35686- Petitioner seeks issuance of a writ of mandamus, arguing that the circuit court has failed to rule upon his Motion for Formal Resentencing and has failed to appoint new appellate counsel. - To be presented on briefs only without oral argument.

5. SER Isaac Reed v. Hon. Robert Burnside, Judge - 35687 - Petitioner, convicted by guilty plea of Attempted Murder and sentenced to 3 to 15 years, seeks issuance of a writ of mandamus, as the circuit court has failed to rule on his habeas petition, which has been pending for over a year. - To be presented on briefs only without oral argument.

6. SER Gregory Ivan Settle v. Hon. Jennifer Bailey, Judge - 35688 - Habeas petitioner seeks issuance of a writ of mandamus arguing that circuit court has failed to rule upon his underlying habeas corpus petition. - To be presented on briefs only without oral argument.

7. SER Alvin Lee Gregory v. Hon. Mark A. Karl, Judge - 35689 - To be presented on briefs only without oral argument.

8. SER WV Dept. of Health and Human Resources v. Hon. John C. Yoder, Judge - 35693 - The Guardian Ad Litem and the DHHR in separate petitions for writs of prohibition, challenge a circuit court order granting a dispositional improvement period to the mother of a 19-month old infant.

SER Lawrence A. v. Hon. John C. Yoder, Judge - 35694

9. SER Jason M. Payne v. Hon. John C. Yoder, Judge - 35697- Defendant seeks issuance of a writ of mandamus arguing that he filed a Writ of Mandamus and a Motion for Transcript below over a year ago, and the circuit court has failed to make rulings on either of these motions. - Dismissed.