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  • Commentaries
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West Virginia Case Commentaries

Mulugeta v. Misailidis: Reversal of Spousal Support Award Due to Abuse of Discretion

Mulugeta v. Misailidis: Reversal of Spousal Support Award Due to Abuse of Discretion

Date: Jun 14, 2017
Mulugeta v. Misailidis: Reversal of Spousal Support Award Due to Abuse of Discretion Introduction Mulugeta v. Misailidis (801 S.E.2d 282, 2017) is a landmark case adjudicated by the Supreme Court of...
West Virginia Supreme Court Rules Pooling of NPRI Interests in Oil and Gas Leases Does Not Create Joint Ownership

West Virginia Supreme Court Rules Pooling of NPRI Interests in Oil and Gas Leases Does Not Create Joint Ownership

Date: Jun 1, 2017
West Virginia Supreme Court Rules Pooling of NPRI Interests in Oil and Gas Leases Does Not Create Joint Ownership Introduction The case of Gastar Exploration, Inc. v. Joyce Contraguerro, et al. (800...
Interpretation of Royalty Deductions under W. Va. Code § 22-6-8(e): Insights from Patrick D. Leggett v. EQT

Interpretation of Royalty Deductions under W. Va. Code § 22-6-8(e): Insights from Patrick D. Leggett v. EQT

Date: May 31, 2017
Interpretation of Royalty Deductions under W. Va. Code § 22-6-8(e): Insights from Patrick D. Leggett v. EQT Introduction In the case of Patrick D. Leggett, et al. v. EQT (800 S.E.2d 850), decided on...
NFPA 921 Standards Do Not Constitute Newly Discovered Evidence: Anstey v. Da

NFPA 921 Standards Do Not Constitute Newly Discovered Evidence: Anstey v. Da

Date: Jun 3, 2016
NFPA 921 Standards Do Not Constitute Newly Discovered Evidence: Anstey v. Da 1. Introduction In State v. Samuel Anstey (787 S.E.2d 864), the Supreme Court of Appeals of West Virginia addressed the...
STATE v. DUNN: Affirmation Upheld on Continuance Denial, Testimony Exclusion, and Jury Instructions

STATE v. DUNN: Affirmation Upheld on Continuance Denial, Testimony Exclusion, and Jury Instructions

Date: Apr 14, 2016
STATE v. DUNN: Affirmation Upheld on Continuance Denial, Testimony Exclusion, and Jury Instructions Introduction In STATE of West Virginia v. Donald Dunn, 786 S.E.2d 174 (West Virginia Supreme Court...
Establishing Abuse Through Clear and Convincing Evidence: Comprehensive Commentary on In re C.M., D.M., and E.M.

Establishing Abuse Through Clear and Convincing Evidence: Comprehensive Commentary on In re C.M., D.M., and E.M.

Date: Feb 12, 2016
Establishing Abuse Through Clear and Convincing Evidence: Comprehensive Commentary on In re C.M., D.M., and E.M. Introduction In re C.M., D.M., and E.M. (782 S.E.2d 763) is a pivotal decision by the...
Termination of Custodial Rights Upholding Child Welfare Standards in In re: M.W., A.T., & J.T. III

Termination of Custodial Rights Upholding Child Welfare Standards in In re: M.W., A.T., & J.T. III

Date: Nov 24, 2015
Termination of Custodial Rights Upholding Child Welfare Standards in In re: M.W., A.T., & J.T. III Introduction The case of In re: M.W., A.T., & J.T. III adjudicated by the Supreme Court of Appeals...
Admissibility of Rule 404(b) Evidence in Felony Murder Convictions: Insights from State v. White

Admissibility of Rule 404(b) Evidence in Felony Murder Convictions: Insights from State v. White

Date: Nov 21, 2015
Admissibility of Rule 404(b) Evidence in Felony Murder Convictions: Insights from State of West Virginia v. White Introduction The case of State of West Virginia v. Thomas M. White, Jr. serves as a...
Affirmation of Denied Qualified Immunity in Deputy Maston v. Wagner

Affirmation of Denied Qualified Immunity in Deputy Maston v. Wagner

Date: Nov 11, 2015
Affirmation of Denied Qualified Immunity in Deputy Maston v. Wagner Introduction The case of Deputy J.K. Maston, Tyler County Sheriff's Department, Trooper S. Curran, and West Virginia State Police...
Prioritizing Child's Best Interests and Permanency in Guardianship Cases: Insights from In re S.W.

Prioritizing Child's Best Interests and Permanency in Guardianship Cases: Insights from In re S.W.

Date: Nov 6, 2015
Prioritizing Child's Best Interests and Permanency in Guardianship Cases: Insights from In re S.W. Introduction The case of In re S.W., adjudicated by the Supreme Court of Appeals of West Virginia in...
Supreme Court of Appeals Upholds Termination of Parental Rights in Persistent Abuse Case

Supreme Court of Appeals Upholds Termination of Parental Rights in Persistent Abuse Case

Date: Nov 5, 2015
Supreme Court of Appeals Upholds Termination of Parental Rights in Persistent Abuse Case Introduction The case In re M.M., B.M., C.Z., and C.S. (236 W. Va. 108) adjudicated by the Supreme Court of...
Termination of Parental Rights in Cases Involving Sexual Offenses: Analysis of In Re: N.U.

Termination of Parental Rights in Cases Involving Sexual Offenses: Analysis of In Re: N.U.

Date: Oct 21, 2015
Termination of Parental Rights in Cases Involving Sexual Offenses: Analysis of In Re: N.U. Introduction The case of In Re: N.U. adjudicated by the Supreme Court of Appeals of West Virginia on October...
Silence as Affirmative Evidence in Child Abuse Proceedings: Reversal in In re K.P., I.C., G.C., and I.C.

Silence as Affirmative Evidence in Child Abuse Proceedings: Reversal in In re K.P., I.C., G.C., and I.C.

Date: May 16, 2015
Silence as Affirmative Evidence in Child Abuse Proceedings: Reversal in In re K.P., I.C., G.C., and I.C. Introduction In the case of In re K.P., I.C., G.C., and I.C. (235 W. Va. 221), decided on May...
Recognition of Psychological Parent Status and Visitation Rights in In re K.H.

Recognition of Psychological Parent Status and Visitation Rights in In re K.H.

Date: Apr 11, 2015
Recognition of Psychological Parent Status and Visitation Rights in In re K.H. Introduction In re K.H. is a pivotal judgment delivered by the Supreme Court of Appeals of West Virginia on April 10,...
Recognition of Psychological Parent Rights in Custody Proceedings: Analysis of In re K.H.

Recognition of Psychological Parent Rights in Custody Proceedings: Analysis of In re K.H.

Date: Apr 11, 2015
Recognition of Psychological Parent Rights in Custody Proceedings: Analysis of In re K.H. Introduction In re K.H. (No. 14–0363), adjudicated by the Supreme Court of Appeals of West Virginia on April...
Affirmation of Parental Rights Termination under Aggravated Circumstances in In Re: A.D., O.T., & L.T.

Affirmation of Parental Rights Termination under Aggravated Circumstances in In Re: A.D., O.T., & L.T.

Date: Nov 25, 2014
Affirmation of Parental Rights Termination under Aggravated Circumstances in In Re: A.D., O.T., & L.T. Introduction The case of In Re: A.D., O.T., & L.T. presents a significant judicial decision by...
Clarifying Governmental Immunity and Vicarious Liability: West Virginia Regional Jail Authority v. A.B.

Clarifying Governmental Immunity and Vicarious Liability: West Virginia Regional Jail Authority v. A.B.

Date: Nov 19, 2014
Clarifying Governmental Immunity and Vicarious Liability: West Virginia Regional Jail Authority v. A.B. Introduction In the landmark case of West Virginia Regional Jail and Correctional Facility...
West Virginia Supreme Court Establishes Three-Tiered Precedent System, Discontinues Per Curiam Opinions

West Virginia Supreme Court Establishes Three-Tiered Precedent System, Discontinues Per Curiam Opinions

Date: Sep 30, 2014
West Virginia Supreme Court Establishes Three-Tiered Precedent System, Discontinues Per Curiam Opinions Introduction The case of State of West Virginia v. Marcus Patrele McKinley (234 W. Va. 143)...
Enhanced Standards for Evaluating Clear and Convincing Evidence in Child Abuse Cases: In re F.S. and Z.S.

Enhanced Standards for Evaluating Clear and Convincing Evidence in Child Abuse Cases: In re F.S. and Z.S.

Date: May 10, 2014
Enhanced Standards for Evaluating Clear and Convincing Evidence in Child Abuse Cases: In re F.S. and Z.S. Introduction In re F.S. and Z.S. (759 S.E.2d 769) is a pivotal decision by the Supreme Court...
West Virginia Supreme Court Expands Interpretation of 'Period of Armed Conflict' for PERS Military Service Credit

West Virginia Supreme Court Expands Interpretation of 'Period of Armed Conflict' for PERS Military Service Credit

Date: Mar 29, 2014
West Virginia Supreme Court Expands Interpretation of 'Period of Armed Conflict' for PERS Military Service Credit Introduction In the case of West Virginia Consolidated Public Retirement Board v....
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