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  • Commentaries
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West Virginia Case Commentaries

State v. Grant S.: Testimonial Evidence Alone Can Sustain Revocation of Home Incarceration in West Virginia

State v. Grant S.: Testimonial Evidence Alone Can Sustain Revocation of Home Incarceration in West Virginia

Date: Aug 1, 2025
State v. Grant S.: Testimonial Evidence Alone Can Sustain Revocation of Home Incarceration in West Virginia Introduction In State of West Virginia v. Grant S. (Supreme Court of Appeals of West...
“The Voluntary-Acceptance Rule”: Supreme Court of West Virginia Clarifies When Failure to File Financial Disclosure Will Not Upset a Divorce Settlement (Anne Y. v. Daniel Y., 2025)

“The Voluntary-Acceptance Rule”: Supreme Court of West Virginia Clarifies When Failure to File Financial Disclosure Will Not Upset a Divorce Settlement (Anne Y. v. Daniel Y., 2025)

Date: Jul 3, 2025
“The Voluntary-Acceptance Rule” Supreme Court of West Virginia Clarifies When Failure to File Financial Disclosure Will Not Upset a Divorce Settlement Introduction Anne Y. v. Daniel Y., decided on 27...
In re A.T., B.T., and N.T.:  Harmless-Error Review of Improperly Dismissing Parents Who Have Retained Rights from Post-Disposition Permanency Proceedings

In re A.T., B.T., and N.T.: Harmless-Error Review of Improperly Dismissing Parents Who Have Retained Rights from Post-Disposition Permanency Proceedings

Date: Jul 3, 2025
In re A.T., B.T., and N.T.: The Supreme Court of West Virginia Clarifies that Erroneously Excluding Parents (Whose Rights Are Intact) from Abuse-and-Neglect Permanency Hearings May Constitute...
Gilhuys v. Hardy County 911 Center: When Lack of Comparators Justifies Summary Judgment Despite Ongoing Discovery in WVHRA Actions

Gilhuys v. Hardy County 911 Center: When Lack of Comparators Justifies Summary Judgment Despite Ongoing Discovery in WVHRA Actions

Date: Jul 3, 2025
Gilhuys v. Hardy County 911 Center: When Lack of Comparators Justifies Summary Judgment Despite Ongoing Discovery in WVHRA Actions Introduction In Gilhuys v. Hardy County 911 Center, the Supreme...
“In re A.H.” – Reaffirming the Constitutional Presumption of Fit Parental Custody and Defining the Bounds of Non-Parent Intervention in West Virginia

“In re A.H.” – Reaffirming the Constitutional Presumption of Fit Parental Custody and Defining the Bounds of Non-Parent Intervention in West Virginia

Date: Jul 3, 2025
“In re A.H.” – Reaffirming the Constitutional Presumption of Fit Parental Custody and Defining the Bounds of Non-Parent Intervention in West Virginia 1. Introduction In In re A.H., No. 23-596 (W. Va....
Reinstatement of the Parental-Fitness Presumption After Rehabilitation – Commentary on In re A.H. (W. Va. 2025)

Reinstatement of the Parental-Fitness Presumption After Rehabilitation – Commentary on In re A.H. (W. Va. 2025)

Date: Jul 3, 2025
Reinstatement of the Parental-Fitness Presumption After Rehabilitation – Commentary on In re A.H. (Supreme Court of Appeals of West Virginia, 2025) 1. Introduction In re A.H. presented the Supreme...

        “When Protection Outweighs Rehabilitation” –  Supreme Court of West Virginia Affirms Immediate Termination of Parental Rights Where the Abusing Parent Persistently Maintains a Violent Relationship and Rejects Offered Services

“When Protection Outweighs Rehabilitation” – Supreme Court of West Virginia Affirms Immediate Termination of Parental Rights Where the Abusing Parent Persistently Maintains a Violent Relationship and Rejects Offered Services

Date: Jul 3, 2025
“When Protection Outweighs Rehabilitation” – Supreme Court of West Virginia Affirms Immediate Termination of Parental Rights Where the Abusing Parent Persistently Maintains a Violent Relationship and...
From Presumption to Discretion: Clarifying the Standard for Post-Dispositional Improvement Periods in West Virginia – A Commentary on In re D.S. (2025)

From Presumption to Discretion: Clarifying the Standard for Post-Dispositional Improvement Periods in West Virginia – A Commentary on In re D.S. (2025)

Date: Jul 3, 2025
From Presumption to Discretion: Clarifying the Standard for Post-Dispositional Improvement Periods in West Virginia – A Commentary on In re D.S. (Supreme Court of Appeals, 2025) Introduction In re...
“Denial, Continued Association, and the Futility Test” – Supreme Court of West Virginia Clarifies When Improvement Periods May Be Refused in Abuse-and-Neglect Cases

“Denial, Continued Association, and the Futility Test” – Supreme Court of West Virginia Clarifies When Improvement Periods May Be Refused in Abuse-and-Neglect Cases

Date: Jul 3, 2025
“Denial, Continued Association, and the Futility Test” – Supreme Court of West Virginia Clarifies When Improvement Periods May Be Refused in Abuse-and-Neglect Cases I. Introduction In In re E.H.,...
“Reasonable, Not Specialized”: West Virginia Affirms that Child-Welfare Agencies Need Not Provide Specialized ADA Training When Accommodating Parents with Autism

“Reasonable, Not Specialized”: West Virginia Affirms that Child-Welfare Agencies Need Not Provide Specialized ADA Training When Accommodating Parents with Autism

Date: Jul 3, 2025
“Reasonable, Not Specialized”: West Virginia Affirms that Child-Welfare Agencies Need Not Provide Specialized ADA Training When Accommodating Parents with Autism Introduction In In re E.K., S.C., and...

        “Re-evaluating Post-Termination Contact: The West Virginia Supreme Court
        Declares Specific Findings Mandatory Before Denying Visitation”

“Re-evaluating Post-Termination Contact: The West Virginia Supreme Court Declares Specific Findings Mandatory Before Denying Visitation”

Date: Jul 3, 2025
“Re-evaluating Post-Termination Contact: The West Virginia Supreme Court Declares Specific Findings Mandatory Before Denying Visitation” Introduction In In re J.N.-1 (2025), the Supreme Court of...
“Denial as Non-Compliance” – West Virginia High Court Confirms that a Parent’s Failure to Acknowledge Abuse Justifies Early Termination of Improvement Periods and Parental Rights

“Denial as Non-Compliance” – West Virginia High Court Confirms that a Parent’s Failure to Acknowledge Abuse Justifies Early Termination of Improvement Periods and Parental Rights

Date: Jul 3, 2025
“Denial as Non-Compliance” – West Virginia Supreme Court Clarifies that Failure to Acknowledge Abuse Constitutes Grounds for Terminating Both Improvement Periods and Parental Rights Introduction The...
The “Equal-Probability” Threshold: West Virginia Supreme Court Clarifies the Clear-and-Convincing Standard in Child-Sexual-Abuse Adjudications

The “Equal-Probability” Threshold: West Virginia Supreme Court Clarifies the Clear-and-Convincing Standard in Child-Sexual-Abuse Adjudications

Date: Jul 3, 2025
The “Equal-Probability” Threshold: West Virginia Supreme Court Clarifies the Clear-and-Convincing Standard in Child-Sexual-Abuse Adjudications Introduction On 26 June 2025 the Supreme Court of...
“Significant-Connection Jurisdiction” and Incarceration-Based Neglect: A Comprehensive Commentary on In re L.H. (W. Va. 2025)

“Significant-Connection Jurisdiction” and Incarceration-Based Neglect: A Comprehensive Commentary on In re L.H. (W. Va. 2025)

Date: Jul 3, 2025
“Significant-Connection Jurisdiction” and Incarceration-Based Neglect: Commentary on the Supreme Court of Appeals of West Virginia’s Decision in In re L.H. (2025) 1. Introduction In re L.H., No....
“In re L.M.”: The West Virginia Supreme Court Confirms that Parental Rights May Be Terminated Without Lesser Alternatives When the Parent Fails to Acknowledge Abuse or Comply with an Improvement Period

“In re L.M.”: The West Virginia Supreme Court Confirms that Parental Rights May Be Terminated Without Lesser Alternatives When the Parent Fails to Acknowledge Abuse or Comply with an Improvement Period

Date: Jul 3, 2025
In re L.M.: The West Virginia Supreme Court Confirms that Parental Rights May Be Terminated Without Lesser Alternatives When the Parent Fails to Acknowledge Abuse or Comply with an Improvement Period...
In re L.M.: Balancing Grandparent and Sibling Placement Preferences Under West Virginia Law—The Primacy of the Child’s Best Interests

In re L.M.: Balancing Grandparent and Sibling Placement Preferences Under West Virginia Law—The Primacy of the Child’s Best Interests

Date: Jul 3, 2025
In re L.M.: Balancing Grandparent and Sibling Placement Preferences Under West Virginia Law—The Primacy of the Child’s Best Interests Introduction In In re L.M., No. 24-426 (W. Va. June 26 2025), the...
“Good-Cause” Requires Genuine Engagement: The West Virginia Supreme Court Affirms Trial-Court Discretion to Deny Continuances in Abuse & Neglect Dispositions

“Good-Cause” Requires Genuine Engagement: The West Virginia Supreme Court Affirms Trial-Court Discretion to Deny Continuances in Abuse & Neglect Dispositions

Date: Jul 3, 2025
“Good-Cause” Requires Genuine Engagement: The West Virginia Supreme Court Affirms Trial-Court Discretion to Deny Continuances in Abuse & Neglect Dispositions Introduction In In re T.D., H.D., A.D.,...
“Reaffirming the Futility Doctrine” – In re D.F. and the Requirement of Credible Parental Acknowledgment Before Granting Improvement Periods in West Virginia Abuse & Neglect Cases

“Reaffirming the Futility Doctrine” – In re D.F. and the Requirement of Credible Parental Acknowledgment Before Granting Improvement Periods in West Virginia Abuse & Neglect Cases

Date: Jul 3, 2025
“Reaffirming the Futility Doctrine” – In re D.F. and the Requirement of Credible Parental Acknowledgment Before Granting Improvement Periods in West Virginia Abuse & Neglect Cases 1. Introduction In...
“Stay in Your Lane”: The Supreme Court of West Virginia Clarifies that a Limited Remand Bars New Challenges to a Guilty Plea – Comment on State v. Christopher McDonald (2025)

“Stay in Your Lane”: The Supreme Court of West Virginia Clarifies that a Limited Remand Bars New Challenges to a Guilty Plea – Comment on State v. Christopher McDonald (2025)

Date: Jul 3, 2025
“Stay in Your Lane”: The Supreme Court of Appeals of West Virginia Confirms that a Limited Remand Precludes Post-Remand Withdrawal of a Guilty Plea (Commentary on State of West Virginia v....
“From Missing Pages to Missing Prejudice” – The Specific-Prejudice Rule for Transcript Omission Claims in State v. Jeffers

“From Missing Pages to Missing Prejudice” – The Specific-Prejudice Rule for Transcript Omission Claims in State v. Jeffers

Date: Jul 3, 2025
“From Missing Pages to Missing Prejudice” – The Specific-Prejudice Rule for Transcript Omission Claims in State of West Virginia v. Edward Jeffers (2025) 1. Introduction The Supreme Court of Appeals...
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