In re R.W., H.S., and W.S.: Waiver of Rule 32 Timing Claims and “Futility” Justifying Termination After Recurrent Neglect Court: Supreme Court of Appeals of West Virginia Date: March 3, 2026...
Substantial-Change Requirement for Successive Improvement Periods After FTC Noncompliance 1. Introduction Case: In re S.A.-1, D.A.-1, S.A.-2, K.A., and R.A. Court: Supreme Court of Appeals of West...
Competent Medical Causation Required to Add Conditions; TTD Denied Where Wage Loss Is Unrelated to the Compensable Injury; Reopening Requires Prima Facie New Facts in the Record 1. Introduction In...
Supervised-Release Revocation Proportionality Turns on Breach of Trust, Not the Standalone Gravity of New Offenses 1. Introduction Case: State of West Virginia v. Devon Woodward Court: Supreme Court...
Permanency Over Delay: A Circuit Court May Proceed to Termination When a Parent and Newly Retained Counsel Fail to Appear for Final Disposition After Notice 1. Introduction In In re Z.T., C.G., and...
Merits-First Review of Rule 35(b) Leniency Motions: No Need to Decide Home-Incarceration Authority When Denial Rests on Totality of Circumstances Case: State of West Virginia v. Charlton A. Horton,...
Public-Interest Discretion to Reject Late, Sentencing-Limiting Pleas and to Uphold Sexual-Abuse Convictions and Extended Supervised Release Within Statutory Limits Introduction In State of West...
Reaffirming Limits on Post‑Trial Enhancements: Bad‑Faith Fee Shifting, Taxable Deposition Costs, Prejudgment Interest, and Punitive-Damages Instructions 1. Introduction In John D. Chaudron and Linda...
Dismissed Charges Listed in a Rule 32 PSI Are Not an Impermissible Sentencing Factor Absent Proof of Reliance or Inaccuracy Introduction In State of West Virginia v. Anthony Hairston, No. 23-674...
No Fourth Amendment “Standing” to Suppress Evidence from a Stolen Vehicle; Welfare-Check Entry Sustained Under the Community Caretaker Doctrine Introduction In State of West Virginia v. William...
In re A.O. and J.O.: Guilty-Plea Admissions and Statutory Imputation Permit Adjudication of Siblings (Including After-Born Children) Without Creating a Jurisdictional Defect Supreme Court of Appeals...
Persistent Denial After Prior Improvement Periods Establishes “No Reasonable Likelihood” and Supports Termination of Parental Rights Introduction In re E.L. and N.L. (W. Va. Jan. 29, 2026) is a...
In re G.W. (W. Va. Jan. 29, 2026): Recent Relapse After Prior Improvement Periods Justifies Denial of Another Improvement Period and Termination Without Less Restrictive Alternatives 1. Introduction...
Amended Abuse-and-Neglect Petitions and “Child in the Home” Sexual-Abuse Adjudications: In re J.E. Supreme Court of Appeals of West Virginia (Memorandum Decision), issued January 29, 2026 1....
Harmless Error in Missing Family Case Plan: Termination Affirmed Absent Prejudice Where Improvement-Period Requirements Were Clear Case: In re M.P. and D.S. (No. 25-26, W. Va. Jan. 29, 2026) | Court:...
Termination of an Incarcerated Parent’s Rights Without Less Restrictive Alternatives When Longstanding Non-Support and Non-Contact Show a Settled Purpose to Forego Parental Duties 1. Introduction...
In re G.W.: Denial of a Successive Improvement Period and Termination Where Prior Services Failed and Relapse Followed Reunification 1. Introduction In In re G.W., Petitioner Mother A.H. appealed the...
Intermittent Treatment and Defiance of Court Orders Justify Denial of an Improvement Period and Termination Where Domestic Violence Exposure Causes Serious Emotional Injury 1. Introduction In re J.C....
Accountability as a Prerequisite to a Post-Adjudicatory Improvement Period in Abuse-and-Neglect Cases Introduction In re K.C.-1, K.C.-2, and K.C.-3 is a memorandum decision from the Supreme Court of...
Clear-and-Convincing Proof of Likely Participation Required for Post-Adjudicatory Improvement Period; Termination Appropriate When Parenting Deficits Persist and Child’s Need for Permanency Prevails...