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  • Commentaries
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West Virginia Case Commentaries

Affirming the Standards for Guilty Plea Validity and Effective Counsel in Moore v. Frame

Affirming the Standards for Guilty Plea Validity and Effective Counsel in Moore v. Frame

Date: Nov 27, 2024
Affirming the Standards for Guilty Plea Validity and Effective Counsel in Moore v. Frame Introduction In the landmark case of DeAndre Moore v. Jonathan Frame, the West Virginia Supreme Court of...
West Virginia Supreme Court Establishes New Burden of Proof for Apportionment in Workers' Compensation Cases: Barker v. Rescare

West Virginia Supreme Court Establishes New Burden of Proof for Apportionment in Workers' Compensation Cases: Barker v. Rescare

Date: Nov 27, 2024
West Virginia Supreme Court Establishes New Burden of Proof for Apportionment in Workers' Compensation Cases: Barker v. Rescare Introduction In the landmark case Jerrald Barker v. Rescare, the West...
Affirmation of Family Court Discretion in Custody Modifications: Rimdaugas K. v. Gerda K.

Affirmation of Family Court Discretion in Custody Modifications: Rimdaugas K. v. Gerda K.

Date: Nov 27, 2024
Affirmation of Family Court Discretion in Custody Modifications: Rimdaugas K. v. Gerda K. Introduction The case of Rimdaugas K. v. Gerda K. presents a significant examination of family court...
Establishing Standards for Termination of Parental Rights Amid Incarceration: In re N.W.-1 and N.W.-2

Establishing Standards for Termination of Parental Rights Amid Incarceration: In re N.W.-1 and N.W.-2

Date: Nov 27, 2024
Establishing Standards for Termination of Parental Rights Amid Incarceration: In re N.W.-1 and N.W.-2 Introduction The case of In re N.W.-1 and N.W.-2 addresses the critical issue of terminating...
Finality in Habeas Corpus Proceedings: Insights from Cecil v. Frame

Finality in Habeas Corpus Proceedings: Insights from Cecil v. Frame

Date: Nov 27, 2024
Finality in Habeas Corpus Proceedings: Insights from Cecil v. Frame Introduction Cecil v. Frame is a seminal judgment delivered by the Supreme Court of Appeals of West Virginia on November 26, 2024....
West Virginia Supreme Court Upholds Indictment Sufficiency and Evidence Admissibility in Child Sexual Assault Case

West Virginia Supreme Court Upholds Indictment Sufficiency and Evidence Admissibility in Child Sexual Assault Case

Date: Nov 27, 2024
West Virginia Supreme Court Upholds Indictment Sufficiency and Evidence Admissibility in Child Sexual Assault Case Introduction In the landmark case of State of West Virginia, Plaintiff Below,...
Affirmation of Circuit Court's Authority on Court Cost Repayment Obligations

Affirmation of Circuit Court's Authority on Court Cost Repayment Obligations

Date: Nov 27, 2024
Affirmation of Circuit Court's Authority on Court Cost Repayment Obligations Introduction In the case State of West Virginia v. Duane Leroy Eckard, the West Virginia Supreme Court of Appeals...
Shift in Apportionment Burden in Workers' Compensation: Nelson v. Alpha Metallurgical Resources

Shift in Apportionment Burden in Workers' Compensation: Nelson v. Alpha Metallurgical Resources

Date: Nov 27, 2024
Shift in Apportionment Burden in Workers' Compensation: Nelson v. Alpha Metallurgical Resources Introduction In the case of Alpha Metallurgical Resources, Inc. v. Charles E. Nelson, the State of West...
Affirmation of Denial for Home Incarceration in First-Degree Sexual Assault Sentencing

Affirmation of Denial for Home Incarceration in First-Degree Sexual Assault Sentencing

Date: Nov 27, 2024
Affirmation of Denial for Home Incarceration in First-Degree Sexual Assault Sentencing Introduction In the landmark case State of West Virginia, Plaintiff Below, Respondent v. Joshua Blair Pugh,...
Supreme Court Affirms WVSSAC’s Authority Over School Activities Classification

Supreme Court Affirms WVSSAC’s Authority Over School Activities Classification

Date: Nov 26, 2024
Supreme Court Affirms WVSSAC’s Authority Over School Activities Classification Introduction In the landmark case of State of West Virginia ex rel. West Virginia Secondary School Activities Commission...
Objective Reasonableness in Mistake of Law: Analysis of State v. Taylor

Objective Reasonableness in Mistake of Law: Analysis of State v. Taylor

Date: Nov 24, 2024
Objective Reasonableness in Mistake of Law: Analysis of State of West Virginia v. Sean Allen Taylor Introduction In the landmark case State of West Virginia v. Sean Allen Taylor, decided on November...
Annulment of Legal License in Greer v. Lawyer Disciplinary Board Establishes Strict Standards for Misappropriation of Client Funds

Annulment of Legal License in Greer v. Lawyer Disciplinary Board Establishes Strict Standards for Misappropriation of Client Funds

Date: Nov 19, 2024
Annulment of Legal License in Greer v. Lawyer Disciplinary Board Establishes Strict Standards for Misappropriation of Client Funds Introduction The West Virginia Supreme Court of Appeals addressed a...
West Virginia Supreme Court Upholds Termination of Guardianship and Reinforces Parental Rights in In re I.S.

West Virginia Supreme Court Upholds Termination of Guardianship and Reinforces Parental Rights in In re I.S.

Date: Nov 19, 2024
West Virginia Supreme Court Upholds Termination of Guardianship and Reinforces Parental Rights in In re I.S. Introduction The case of In re I.S., adjudicated by the West Virginia Supreme Court of...
West Virginia Supreme Court Reaffirms 'Point of Sale' Rule in Oil and Gas Royalty Calculations, Extends to Natural Gas Liquids

West Virginia Supreme Court Reaffirms 'Point of Sale' Rule in Oil and Gas Royalty Calculations, Extends to Natural Gas Liquids

Date: Nov 19, 2024
West Virginia Supreme Court Reaffirms 'Point of Sale' Rule in Oil and Gas Royalty Calculations, Extends to Natural Gas Liquids Introduction In the case of Jacklin Romeo, Susan S. Rine, and Debra...
West Virginia Supreme Court Affirms Broad Anti-Suit Injunction in Insurance Coverage Litigation

West Virginia Supreme Court Affirms Broad Anti-Suit Injunction in Insurance Coverage Litigation

Date: Nov 19, 2024
West Virginia Supreme Court Affirms Broad Anti-Suit Injunction in Insurance Coverage Litigation Introduction The case of ACE American Insurance Company v. AmerisourceBergen Drug Corporation marks a...
Reaffirmation of Best Interest Analysis Over Kinship Preference in Child Custody: In re M.M.

Reaffirmation of Best Interest Analysis Over Kinship Preference in Child Custody: In re M.M.

Date: Nov 19, 2024
Reaffirmation of Best Interest Analysis Over Kinship Preference in Child Custody: In Re M.M. Introduction The case of In Re: M.M. (23-506), decided by the State of West Virginia Supreme Court of...
Clarification of Vicarious Liability and Punitive Damages Immunity under W.Va. Governmental Tort Claims Act

Clarification of Vicarious Liability and Punitive Damages Immunity under W.Va. Governmental Tort Claims Act

Date: Nov 19, 2024
Clarification of Vicarious Liability and Punitive Damages Immunity under W.Va. Governmental Tort Claims Act Introduction The case of Monongalia County Commission A/K/A Monongalia County Sheriff's...
Sexual Abuse Adjudication Standards in Child Welfare: An Analysis of In re I.J., O.J., A.J., and S.J.

Sexual Abuse Adjudication Standards in Child Welfare: An Analysis of In re I.J., O.J., A.J., and S.J.

Date: Nov 19, 2024
Sexual Abuse Adjudication Standards in Child Welfare: An Analysis of In re I.J., O.J., A.J., and S.J. Introduction The case of In re I.J., O.J., A.J., and S.J. presents critical insights into the...
West Virginia Supreme Court Affirms Qualified Immunity for DHS in Child Protective Services Negligence Case

West Virginia Supreme Court Affirms Qualified Immunity for DHS in Child Protective Services Negligence Case

Date: Nov 19, 2024
West Virginia Supreme Court Affirms Qualified Immunity for DHS in Child Protective Services Negligence Case Introduction In the case of WEST VIRGINIA DEPARTMENT OF HUMAN SERVICES v. DAVID B., et al.,...
Eligibility Standards for Varsity Athletics: Insights from State of West Virginia ex rel. WVSSAC v. Fry and Gasaj

Eligibility Standards for Varsity Athletics: Insights from State of West Virginia ex rel. WVSSAC v. Fry and Gasaj

Date: Nov 19, 2024
Eligibility Standards for Varsity Athletics: Insights from State of West Virginia ex rel. WVSSAC v. Fry and Gasaj Introduction The case of State of West Virginia ex rel. West Virginia Secondary...
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