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Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine Introduction This commentary examines the concurring opinion in State of West Virginia v. David Hunter...
Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings Introduction This commentary analyzes the Supreme Court of West Virginia’s May 30,...
Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance Introduction In State of West Virginia v. Douglas G. Hill, Jr., No. 23-368 (W. Va. May 28,...
Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release Introduction In Ryan Lloyd Montgomery v. Timothy King, Superintendent, Southwestern Regional Jail and...
Plain-Language Recidivist Enhancement and Harmless-Error Limits on Post-Arrest Silence Cross-Examination Introduction State of West Virginia v. Andrew Miller is a criminal appeal decided by the...
Prohibition on Prosecutorial Impeachment by Post-Arrest Silence: State of West Virginia v. Miller Introduction In State of West Virginia v. Andrew Miller, the Supreme Court of Appeals of West...
Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer Introduction State of West Virginia v. William Trampus Widmyer is a 2025 decision of the West...
Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209 Introduction This case arises from a domestic-relations dispute between James M. (the father and...
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d) Introduction In State of West Virginia v. Shawn Douglas Newman, the Supreme Court of Appeals of West Virginia...
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher Introduction In State of West Virginia v. Robert Peacher, the Supreme Court of Appeals of West...
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10 Introduction In State of West Virginia v. Cornell Lee Smith, Supreme Court of Appeals of West...
State of West Virginia v. Phillips: Upholding Fair Trial Standards and Clarifying Imperfect Self-Defense Introduction State of West Virginia v. Joshua Marcellus Phillips was decided by the Supreme...
Strict Application of Six-Factor Test under WV Code § 23-4-1(f) for Ordinary Disease Compensation Introduction This commentary examines the dissenting opinion in Brittany Foster v. PrimeCare Medical...
Work-Related COVID-19 as a Compensable Occupational Disease Under W. Va. Code §23-4-1(f) Introduction In Brittany Foster v. PrimeCare Medical of West Virginia, Inc., 247 W. Va. 590, 885 S.E.2d 171...
Affirmation of PSC’s Continuing Jurisdiction and Criteria for Acquisition Under the Distressed and Failing Utilities Act 1. Introduction In Huntington Sanitary Board v. Public Service Commission of...
Harmless Error and Judicial Questioning: Affirming Conviction in State v. Eldredge Introduction In State of West Virginia v. Chad M. Eldredge, the Supreme Court of Appeals (2025) faced a challenge to...
State v. Hartwell: Narrowly Tailoring the Public-Safety Exception to Miranda in West Virginia Introduction In State of West Virginia v. Monica Hartwell, No. 23-7 (W. Va. May 22, 2025), the Supreme...
Preserving Witness Impartiality and Exclusion of Unadjudicated Charges in Criminal Trials Introduction State of West Virginia v. Chad M. Eldredge involved allegations that Chad Eldredge, acting as...
Denial of Reinstatement for Public-Office Misconduct and Inconsistent Admissions Undermining Rehabilitation Introduction In the matter of In re Petition for Reinstatement of C. Michael Sparks, the...
Mandating Commission-Structured Operation & Maintenance Agreements under the Distressed and Failing Utilities Improvement Act Introduction Gauley River Public Service District (“Gauley River”)...