“In Exchange For” and Expungement Eligibility under West Virginia Code § 61‑11‑25(a): A Commentary on Justice Trump’s Dissent in In re: Petition of D.K. for Expungement of Record I. Introduction This...
Death of a Legal Guardian as a Material Change Justifying Termination of Parental Rights on Modification of Disposition: Commentary on In re R.B. 1. Introduction The decision in In re R.B., No....
Issue Preservation and the Limits of Judicial Modification in Administrative Appeals: Commentary on Lydia Downs‑Jamal v. West Virginia Department of Human Services I. Introduction The Supreme Court...
In re Petition of D.K.: Plea-and-Diversion Dismissals Are “In Exchange for a Guilty Plea” and Not Expungeable Under Former W. Va. Code § 61‑11‑25(a) I. Introduction The Supreme Court of Appeals of...
In re M.B.: The Foster Child Bill of Rights as Best‑Interest Factors and the Permissibility of Amish Foster Placements 1. Introduction The Supreme Court of Appeals of West Virginia’s decision in In...
No Abuse or Neglect Without Proof of Parental Knowledge of Pregnancy: Commentary on the West Virginia Supreme Court’s Decision in In re J.B. 1. Introduction The Supreme Court of Appeals of West...
Specific Adjudicatory Findings as Statutory, Not Jurisdictional, Requirements in West Virginia Abuse and Neglect Law Commentary on In re R.M., B.M., and H.M., Supreme Court of Appeals of West...
In re J.H.: Waiver of Venue Objections and Implicit “Welfare of the Child” Findings in West Virginia Termination of Parental Rights I. Introduction The Supreme Court of Appeals of West Virginia’s...
Calibrating Sanctions for Intentional Fee Conversion and Systemic Neglect: Commentary on Lawyer Disciplinary Board v. Benjamin R. Freeman (Ewing, J., Concurring in Part and Dissenting in Part) I....
In re D.T.: Statutory Limits on Successive Improvement Periods and the Parent’s Duty to Proactively Remedy Noncompliance I. Introduction The Supreme Court of Appeals of West Virginia’s memorandum...
Refining the Misappropriation–Disbarment Presumption: Commentary on Lawyer Disciplinary Board v. Benjamin R. Freeman I. Introduction The Supreme Court of Appeals of West Virginia’s decision in Lawyer...
Non-Imputation of Neglect Among Siblings and the Role of Adjudicatory Findings in West Virginia Abuse and Neglect Proceedings Commentary on In re H.B., R.B., B.S., P.S., O.S., & I.S., No. 24-206 (W....
Mandatory Consideration of “Battered Parent” Status in West Virginia Abuse and Neglect Proceedings: Commentary on In re J.F.-1, C.F., and L.H. Case: In re J.F.-1, C.F., and L.H., No. 24-306 (W. Va....
Constraining Warrantless Container Searches Incident to Arrest in West Virginia: A Commentary on State of West Virginia v. Michael Keith Allman I. Introduction In State of West Virginia v. Michael...
Non‑Statutory Grandparent Visitation Does Not Survive Stepparent Adoption in West Virginia: Commentary on In re Adoption of K.J. I. Introduction The Supreme Court of Appeals of West Virginia’s...
State v. Dolen: Independent Expert Use of Fusion Center Cell‑Site Mapping and the Scope of “Concession” Kidnapping in West Virginia I. Introduction The Supreme Court of Appeals of West Virginia’s...
State ex rel. Urban v. Hardy: West Virginia Adopts the Sell Test and a Clear-and-Convincing Standard for Involuntary Medication to Restore Competency I. Introduction In State of West Virginia ex rel....
Implied Addition of Compensable Conditions and the Moore Presumption in West Virginia Workers’ Compensation Law: Commentary on Comas v. Bass Pro Group, LLC I. Introduction The Supreme Court of...
Certified Questions and Disputed Facts: Stafford Glenn Poff v. Wayne County Commission and the Jurisdictional Limits of the West Virginia Supreme Court I. Introduction The memorandum decision in...
Hardy v. 3M Company: Clarifying the Discovery Rule and Accrual of Latent Disease Products Liability Claims in West Virginia I. Introduction In Ronald Hardy v. 3M Company, the Supreme Court of Appeals...