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  • Commentaries
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West Virginia Case Commentaries

Reaffirming the Non‑Reviewability of Statutorily Compliant Sentences and Appellate Briefing Standards: Commentary on State v. Dustin Scott Gibson

Reaffirming the Non‑Reviewability of Statutorily Compliant Sentences and Appellate Briefing Standards: Commentary on State v. Dustin Scott Gibson

Date: Nov 30, 2025
Reaffirming the Non‑Reviewability of Statutorily Compliant Sentences and Appellate Briefing Standards: Commentary on State v. Dustin Scott Gibson I. Introduction The memorandum decision in State of...
Reaffirming the Evidentiary Burden for Defense Jury Instructions and Limited Sentencing Review in Sex Offender Registration Cases: Commentary on State v. Cook

Reaffirming the Evidentiary Burden for Defense Jury Instructions and Limited Sentencing Review in Sex Offender Registration Cases: Commentary on State v. Cook

Date: Nov 30, 2025
Reaffirming the Evidentiary Burden for Defense Jury Instructions and Limited Sentencing Review in Sex Offender Registration Cases: Commentary on State v. West Virginia v. Christopher T. Cook I....
Reaffirming Separate Sexual Assault Counts and Deference to Jury Credibility Findings: Commentary on State v. Eanes

Reaffirming Separate Sexual Assault Counts and Deference to Jury Credibility Findings: Commentary on State v. Eanes

Date: Nov 30, 2025
Reaffirming Separate Sexual Assault Counts and Deference to Jury Credibility Findings: Commentary on State v. Eanes I. Introduction In State of West Virginia v. Ronald Eanes, No. 23-512 (Nov. 25,...
State v. Wodzinski: Circumstantial Proof and Inconsistent Codefendant Verdicts in “Knowingly Allowing” Child Abuse Homicide

State v. Wodzinski: Circumstantial Proof and Inconsistent Codefendant Verdicts in “Knowingly Allowing” Child Abuse Homicide

Date: Nov 30, 2025
State v. Wodzinski: Circumstantial Proof and Inconsistent Codefendant Verdicts in “Knowingly Allowing” Child Abuse Homicide Introduction The Supreme Court of Appeals of West Virginia’s memorandum...
Permanent vs. Temporary Foster Placement and Appellate Review in West Virginia: Commentary on In re M.B. (Ewing, J., concurring)

Permanent vs. Temporary Foster Placement and Appellate Review in West Virginia: Commentary on In re M.B. (Ewing, J., concurring)

Date: Nov 15, 2025
Permanent vs. Temporary Foster Placement and Appellate Review in West Virginia: Commentary on In re M.B. (Ewing, J., concurring) I. Introduction This commentary analyzes Justice Ewing’s concurring...
No Yoder for Foster Parents: The Primacy of the Child’s Best Interests in Religious Foster Placements – Commentary on Justice Trump’s Concurrence in In re M.B.

No Yoder for Foster Parents: The Primacy of the Child’s Best Interests in Religious Foster Placements – Commentary on Justice Trump’s Concurrence in In re M.B.

Date: Nov 14, 2025
No Yoder for Foster Parents: The Primacy of the Child’s Best Interests in Religious Foster Placements – Commentary on Justice Trump’s Concurrence in In re M.B. Introduction The concurring opinion by...
In re W.M.: Enforcing Rule 26(a)’s Two‑Part Standard for Stipulated Adjudications in West Virginia Child Abuse and Neglect Proceedings

In re W.M.: Enforcing Rule 26(a)’s Two‑Part Standard for Stipulated Adjudications in West Virginia Child Abuse and Neglect Proceedings

Date: Nov 14, 2025
In re W.M.: Enforcing Rule 26(a)’s Two‑Part Standard for Stipulated Adjudications in West Virginia Child Abuse and Neglect Proceedings I. Introduction The Supreme Court of Appeals of West Virginia’s...
Beyond the Triggering Event: Best‑Interests‑Focused Modification of Disposition under W. Va. Code § 49‑4‑606(a) — Commentary on In re R.B. (Bunn, J., concurring)

Beyond the Triggering Event: Best‑Interests‑Focused Modification of Disposition under W. Va. Code § 49‑4‑606(a) — Commentary on In re R.B. (Bunn, J., concurring)

Date: Nov 14, 2025
Beyond the Triggering Event: Best‑Interests‑Focused Modification of Disposition under W. Va. Code § 49‑4‑606(a) Commentary on In re R.B. (Bunn, J., concurring) I. Introduction The concurring opinion...
Interstate Adoptions and the UCCJEA: Jurisdictional Limits and Post‑Transfer Termination of Parental Rights in In re R.D. and S.D.

Interstate Adoptions and the UCCJEA: Jurisdictional Limits and Post‑Transfer Termination of Parental Rights in In re R.D. and S.D.

Date: Nov 14, 2025
Interstate Adoptions and the UCCJEA: Jurisdictional Limits and Post‑Transfer Termination of Parental Rights in In re R.D. and S.D. I. Introduction The Supreme Court of Appeals of West Virginia’s...
Erecting a New Hospital as “Construction of a Health Care Facility”: A Comprehensive Commentary on St. Joseph’s Hospital of Buckhannon v. Stonewall Jackson Memorial Hospital Co.

Erecting a New Hospital as “Construction of a Health Care Facility”: A Comprehensive Commentary on St. Joseph’s Hospital of Buckhannon v. Stonewall Jackson Memorial Hospital Co.

Date: Nov 14, 2025
Erecting a New Hospital as “Construction of a Health Care Facility” Under West Virginia’s Certificate-of-Need Law: Commentary on St. Joseph’s Hospital of Buckhannon, Inc. v. Stonewall Jackson...
"In Exchange For" and Expungement Eligibility: Justice Trump's Textualist Dissent in In re D.K.

"In Exchange For" and Expungement Eligibility: Justice Trump's Textualist Dissent in In re D.K.

Date: Nov 14, 2025
“In Exchange For” and Expungement Eligibility under West Virginia Code § 61‑11‑25(a): A Commentary on Justice Trump’s Dissent in In re: Petition of D.K. for Expungement of Record I. Introduction This...
Death of a Legal Guardian as a Material Change Justifying Termination of Parental Rights on Modification of Disposition: Commentary on In re R.B.

Death of a Legal Guardian as a Material Change Justifying Termination of Parental Rights on Modification of Disposition: Commentary on In re R.B.

Date: Nov 14, 2025
Death of a Legal Guardian as a Material Change Justifying Termination of Parental Rights on Modification of Disposition: Commentary on In re R.B. 1. Introduction The decision in In re R.B., No....
Issue Preservation and the Limits of Judicial Modification in Administrative Appeals: Commentary on Lydia Downs‑Jamal v. West Virginia Department of Human Services

Issue Preservation and the Limits of Judicial Modification in Administrative Appeals: Commentary on Lydia Downs‑Jamal v. West Virginia Department of Human Services

Date: Nov 14, 2025
Issue Preservation and the Limits of Judicial Modification in Administrative Appeals: Commentary on Lydia Downs‑Jamal v. West Virginia Department of Human Services I. Introduction The Supreme Court...
In re Petition of D.K.: Plea-and-Diversion Dismissals Are “In Exchange for a Guilty Plea” and Not Expungeable Under Former W. Va. Code § 61‑11‑25(a)

In re Petition of D.K.: Plea-and-Diversion Dismissals Are “In Exchange for a Guilty Plea” and Not Expungeable Under Former W. Va. Code § 61‑11‑25(a)

Date: Nov 14, 2025
In re Petition of D.K.: Plea-and-Diversion Dismissals Are “In Exchange for a Guilty Plea” and Not Expungeable Under Former W. Va. Code § 61‑11‑25(a) I. Introduction The Supreme Court of Appeals of...
In re M.B.: The Foster Child Bill of Rights as Best‑Interest Factors and the Permissibility of Amish Foster Placements

In re M.B.: The Foster Child Bill of Rights as Best‑Interest Factors and the Permissibility of Amish Foster Placements

Date: Nov 14, 2025
In re M.B.: The Foster Child Bill of Rights as Best‑Interest Factors and the Permissibility of Amish Foster Placements 1. Introduction The Supreme Court of Appeals of West Virginia’s decision in In...
No Abuse or Neglect Without Proof of Parental Knowledge of Pregnancy: Commentary on In re J.B.

No Abuse or Neglect Without Proof of Parental Knowledge of Pregnancy: Commentary on In re J.B.

Date: Nov 13, 2025
No Abuse or Neglect Without Proof of Parental Knowledge of Pregnancy: Commentary on the West Virginia Supreme Court’s Decision in In re J.B. 1. Introduction The Supreme Court of Appeals of West...
Specific Adjudicatory Findings as Statutory, Not Jurisdictional, Requirements in West Virginia Abuse and Neglect Law: Commentary on In re R.M., B.M., and H.M.

Specific Adjudicatory Findings as Statutory, Not Jurisdictional, Requirements in West Virginia Abuse and Neglect Law: Commentary on In re R.M., B.M., and H.M.

Date: Nov 13, 2025
Specific Adjudicatory Findings as Statutory, Not Jurisdictional, Requirements in West Virginia Abuse and Neglect Law Commentary on In re R.M., B.M., and H.M., Supreme Court of Appeals of West...
In re J.H.: Waiver of Venue Objections and Implicit “Welfare of the Child” Findings in West Virginia Termination of Parental Rights

In re J.H.: Waiver of Venue Objections and Implicit “Welfare of the Child” Findings in West Virginia Termination of Parental Rights

Date: Nov 13, 2025
In re J.H.: Waiver of Venue Objections and Implicit “Welfare of the Child” Findings in West Virginia Termination of Parental Rights I. Introduction The Supreme Court of Appeals of West Virginia’s...
Calibrating Sanctions for Intentional Fee Conversion and Systemic Neglect: Commentary on Lawyer Disciplinary Board v. Freeman (Ewing, J., Concurring in Part and Dissenting in Part)

Calibrating Sanctions for Intentional Fee Conversion and Systemic Neglect: Commentary on Lawyer Disciplinary Board v. Freeman (Ewing, J., Concurring in Part and Dissenting in Part)

Date: Nov 13, 2025
Calibrating Sanctions for Intentional Fee Conversion and Systemic Neglect: Commentary on Lawyer Disciplinary Board v. Benjamin R. Freeman (Ewing, J., Concurring in Part and Dissenting in Part) I....
Non-Imputation of Neglect Among Siblings and the Role of Adjudicatory Findings in West Virginia Abuse and Neglect Proceedings: Commentary on In re H.B., R.B., B.S., P.S., O.S., & I.S.

Non-Imputation of Neglect Among Siblings and the Role of Adjudicatory Findings in West Virginia Abuse and Neglect Proceedings: Commentary on In re H.B., R.B., B.S., P.S., O.S., & I.S.

Date: Nov 13, 2025
Non-Imputation of Neglect Among Siblings and the Role of Adjudicatory Findings in West Virginia Abuse and Neglect Proceedings Commentary on In re H.B., R.B., B.S., P.S., O.S., & I.S., No. 24-206 (W....
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