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  • Commentaries
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West Virginia Case Commentaries

No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6)

No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6)

Date: May 7, 2025
No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6) Introduction This commentary examines the Supreme Court of West...
In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct

In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct

Date: May 7, 2025
In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct Introduction In In re P.M. (No. 24-215, W. Va. May 6, 2025), the Supreme Court...
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Date: May 7, 2025
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6) Introduction The Supreme Court of Appeals of West Virginia issued a memorandum decision in In...
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Date: May 7, 2025
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings Introduction In In re C.S., A.B., and G.K., the Supreme Court of Appeals of...
Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings

Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings

Date: May 7, 2025
Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings Introduction In “In re E.V. and J.H.” (No. 24-216, May 6, 2025), the Supreme Court of West...
Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2

Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2

Date: May 7, 2025
Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2 Introduction In the May 6, 2025 memorandum decision of the Supreme Court of Appeals of...
Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings

Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings

Date: May 7, 2025
Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings Introduction In In re E.W., N.W., and R.W., the Supreme Court of Appeals of West Virginia...
Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination

Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination

Date: May 7, 2025
Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination Introduction This memorandum decision arises from the appeal of Father A.W....
In re E.W., N.W., and R.W.: Jurisdictional Specificity and Rule 32(b) Safeguards in West Virginia Abuse and Neglect Cases

In re E.W., N.W., and R.W.: Jurisdictional Specificity and Rule 32(b) Safeguards in West Virginia Abuse and Neglect Cases

Date: May 7, 2025
In re E.W., N.W., and R.W.: Jurisdictional Specificity and Rule 32(b) Safeguards in West Virginia Abuse and Neglect Cases I. Introduction In In re E.W., N.W., and R.W., No. 23-689 (W. Va. May 6,...
In re D.B.: Defective Rule 26 Stipulations as Jurisdictional Defects in West Virginia Abuse and Neglect Proceedings

In re D.B.: Defective Rule 26 Stipulations as Jurisdictional Defects in West Virginia Abuse and Neglect Proceedings

Date: May 7, 2025
In re D.B.: Defective Rule 26 Stipulations as Jurisdictional Defects in West Virginia Abuse and Neglect Proceedings I. Introduction The Supreme Court of Appeals of West Virginia’s memorandum decision...
Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings

Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings

Date: May 7, 2025
Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings Introduction This memorandum decision arises from the appeal in In re D.B.,...
Kinship Caregivers, Foster-Care Time Limits, and Intervention Rights in West Virginia:
Commentary on In re J.W.

Kinship Caregivers, Foster-Care Time Limits, and Intervention Rights in West Virginia: Commentary on In re J.W.

Date: May 7, 2025
Kinship Caregivers, Foster-Care Time Limits, and Intervention Rights in West Virginia: Commentary on In re J.W. I. Introduction This commentary analyzes the Supreme Court of Appeals of West...
Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B.

Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B.

Date: May 6, 2025
Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B. Introduction In In re K.A., Jr., N.A. and J.B., the Supreme Court of Appeals of West Virginia...
Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent

Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent

Date: May 3, 2025
Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent Introduction In John J. Delsignore v. Timberline Logging Enterprises, LLC, the Supreme Court of...
Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies

Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies

Date: May 3, 2025
Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies Introduction In Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer...
Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a

Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a

Date: May 3, 2025
Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a Introduction State of West Virginia v. Brian Allen Merchant Jones (No. 23-13, decided May 2, 2025) is a...
Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W.

Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W.

Date: May 2, 2025
Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W. Introduction In In re J.W., D.W.-1, and W.W., the Supreme Court of Appeals of West Virginia...
Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims

Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims

Date: May 2, 2025
Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims Introduction This commentary examines the Supreme Court of West Virginia’s decision in State ex rel....
Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified

Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified

Date: May 2, 2025
Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified Introduction In State of West Virginia v. Aron Freeland, the Supreme Court of Appeals of West Virginia...
Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal

Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal

Date: May 2, 2025
Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal Introduction State of West Virginia v. Aron Freeland arose from Monongalia County Circuit Court proceedings in...
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