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  • Commentaries
  • Judgments

West Virginia Case Commentaries

Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence

Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence

Date: Aug 6, 2025
Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence 1. Introduction In State of West Virginia v. Argie L. Jeffers,...
“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (W. Va. 2025)

“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (W. Va. 2025)

Date: Aug 5, 2025
“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (Supreme Court of West Virginia, 2025) I. Introduction State of West Virginia v. Robert I. Brown Jr., Nos. 24-576, 24-578, and 24-579,...
“Record Sufficiency over Formality” – The West Virginia Supreme Court Narrows the Need for Written Findings in Habeas Appeals

“Record Sufficiency over Formality” – The West Virginia Supreme Court Narrows the Need for Written Findings in Habeas Appeals

Date: Aug 1, 2025
“Record Sufficiency over Formality”: West Virginia Supreme Court Clarifies When Oral and Incorporated Findings Can Sustain a Habeas Denial Introduction Robert C. v. Searls, No. 24-61 (W. Va. Jul. 30,...
State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion

State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion

Date: Aug 1, 2025
State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion Introduction State of West Virginia v. Michael E. Brown, Supreme Court of...
Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (W. Va. 2025)

Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (W. Va. 2025)

Date: Aug 1, 2025
Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (Supreme Court of Appeals of West Virginia, 2025) Introduction The Supreme Court...
Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025)

Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025)

Date: Aug 1, 2025
Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025) Introduction In re K.S. and K.K-1, No. 24-439 (July 30, 2025), marks...
Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations

Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations

Date: Aug 1, 2025
Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations Introduction In...
“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation”:  A Commentary on In re P.F. and S.H.,  No. 24-354 (W. Va. 2025)

“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation”: A Commentary on In re P.F. and S.H., No. 24-354 (W. Va. 2025)

Date: Aug 1, 2025
“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation” A Structured Commentary on the Supreme Court of Appeals of West Virginia’s Memorandum Decision in In re P.F. and S.H....
“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases (In re B.S-S. and N.S., 2025)

“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases (In re B.S-S. and N.S., 2025)

Date: Aug 1, 2025
“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases Commentary on In re B.S.-S. and N.S., Supreme Court of West Virginia, July 30 2025 1....
Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025)

Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025)

Date: Aug 1, 2025
Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025) Introduction The...
Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025)

Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025)

Date: Aug 1, 2025
Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025) 1....

        Denial Equals Non-Compliance: West Virginia Supreme Court Re-Affirms that 
        A Parent’s Failure to Acknowledge Abuse Makes Conditions “Uncorrectable”
        (In re B.B., A.B., K.B., & E.P., 2025)

Denial Equals Non-Compliance: West Virginia Supreme Court Re-Affirms that A Parent’s Failure to Acknowledge Abuse Makes Conditions “Uncorrectable” (In re B.B., A.B., K.B., & E.P., 2025)

Date: Aug 1, 2025
Denial Equals Non-Compliance: West Virginia Supreme Court Re-Affirms that A Parent’s Failure to Acknowledge Abuse Makes Conditions “Uncorrectable” (Commentary on In re B.B., A.B., K.B., & E.P., No....

Clarifying “Dangerousness” and the “Least-Restrictive Alternative” in Civil Commitments of Permanently Incompetent Defendants – Comment on State of West Virginia v. William O. (2025)

Clarifying “Dangerousness” and the “Least-Restrictive Alternative” in Civil Commitments of Permanently Incompetent Defendants – Comment on State of West Virginia v. William O. (2025)

Date: Aug 1, 2025
Clarifying “Dangerousness” and the “Least-Restrictive Alternative” in Civil Commitments of Permanently Incompetent Defendants – Commentary on State of West Virginia v. William O., 2025 WL —— (W. Va....
“Conflicting Trial Testimony Is Not ‘Newly-Discovered’ Evidence” – Commentary on State of West Virginia v. Michael E. Brown (2025)

“Conflicting Trial Testimony Is Not ‘Newly-Discovered’ Evidence” – Commentary on State of West Virginia v. Michael E. Brown (2025)

Date: Aug 1, 2025
“Conflicting Trial Testimony Is Not ‘Newly-Discovered’ Evidence” – A Comprehensive Commentary on State of West Virginia v. Michael E. Brown (W. Va. July 30 2025) Introduction State of West Virginia...
The Brown Doctrine: Reinforcing the Waiver of Grand-Jury Challenges and the Harmless-Error Shield in West Virginia

The Brown Doctrine: Reinforcing the Waiver of Grand-Jury Challenges and the Harmless-Error Shield in West Virginia

Date: Aug 1, 2025
The Brown Doctrine: Reinforcing the Waiver of Grand-Jury Challenges and the Harmless-Error Shield in West Virginia 1. Introduction State of West Virginia v. Michael E. Brown (Sup. Ct. of Appeals of...
“Not a Critical Stage”: Supreme Court of West Virginia Re-Affirms Strict Frazier Test and Denies Right to Counsel or Hearing on Post-Sentence Motions to Withdraw Guilty Pleas

“Not a Critical Stage”: Supreme Court of West Virginia Re-Affirms Strict Frazier Test and Denies Right to Counsel or Hearing on Post-Sentence Motions to Withdraw Guilty Pleas

Date: Aug 1, 2025
“Not a Critical Stage”: Supreme Court of West Virginia Re-Affirms Strict Frazier Test and Denies Right to Counsel or Hearing on Post-Sentence Motions to Withdraw Guilty Pleas 1. Introduction In State...
Inherent Violence & Proportionality in Recidivist Life Sentences: A Commentary on State v. Cottingham (W. Va. 2025)

Inherent Violence & Proportionality in Recidivist Life Sentences: A Commentary on State v. Cottingham (W. Va. 2025)

Date: Aug 1, 2025
Inherent Violence & Proportionality in Recidivist Life Sentences: A Comprehensive Commentary on State of West Virginia v. Antonio Devon Cottingham (2025) 1. Introduction In State v. Cottingham, the...
State v. Harrison: No Pre-Habeas Right to Grand-Jury Transcripts After a Guilty Plea

State v. Harrison: No Pre-Habeas Right to Grand-Jury Transcripts After a Guilty Plea

Date: Aug 1, 2025
State v. Harrison: No Pre-Habeas Right to Grand-Jury Transcripts After a Guilty Plea Introduction State of West Virginia v. Joshua James Harrison (Supreme Court of Appeals of West Virginia, 30 July...
Circumstantial Sufficiency: Supreme Court of West Virginia Clarifies Standard for “Concealment of a Deceased Human Body” – Commentary on State v. Anthony Yester (2025)

Circumstantial Sufficiency: Supreme Court of West Virginia Clarifies Standard for “Concealment of a Deceased Human Body” – Commentary on State v. Anthony Yester (2025)

Date: Aug 1, 2025
Circumstantial Sufficiency: Supreme Court of West Virginia Clarifies Standard for “Concealment of a Deceased Human Body” – Commentary on State of West Virginia v. Anthony Yester Introduction The...
State v. Robinson: Re-Affirming the Limited Scope of Appellate Review over Statutorily-Bound Sentences and Jury Verdicts in West Virginia

State v. Robinson: Re-Affirming the Limited Scope of Appellate Review over Statutorily-Bound Sentences and Jury Verdicts in West Virginia

Date: Aug 1, 2025
State v. Robinson: Re-Affirming the Limited Scope of Appellate Review over Statutorily-Bound Sentences and Jury Verdicts in West Virginia 1. Introduction In State of West Virginia v. Marques Robinson...
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