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  • Commentaries
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West Virginia Case Commentaries

Pretrial Home Incarceration as a Condition of Bond Constitutes “Custody” Under West Virginia’s Escape Statute

Pretrial Home Incarceration as a Condition of Bond Constitutes “Custody” Under West Virginia’s Escape Statute

Date: Mar 26, 2025
Pretrial Home Incarceration as a Condition of Bond Constitutes “Custody” Under West Virginia’s Escape Statute Introduction In State of West Virginia v. Corbett Maurice Carter (No. 23-277), the...
Waiver of Double Jeopardy Claims and the Multiple‑Victim Distinction in Malicious Assault and Wanton Endangerment: Justice Armstead’s Partial Dissent in State v. Anthony M.

Waiver of Double Jeopardy Claims and the Multiple‑Victim Distinction in Malicious Assault and Wanton Endangerment: Justice Armstead’s Partial Dissent in State v. Anthony M.

Date: Mar 26, 2025
Waiver of Double Jeopardy Claims and the Multiple‑Victim Distinction in Malicious Assault and Wanton Endangerment: Justice Armstead’s Partial Dissent in State v. Anthony M. Introduction This...
No Case Plan, No Termination: West Virginia High Court Requires an Individualized Family Case Plan for Each Parent Before Disposition

No Case Plan, No Termination: West Virginia High Court Requires an Individualized Family Case Plan for Each Parent Before Disposition

Date: Mar 26, 2025
No Case Plan, No Termination: West Virginia High Court Requires an Individualized Family Case Plan for Each Parent Before Disposition Introduction In In re L.P., No. 24-74 (W. Va. Mar. 25, 2025), the...
Permitting Unsupervised Contact with a Registered Sex Offender as Neglect: Clear-and-Convincing Evidence and Specific Findings Requirement

Permitting Unsupervised Contact with a Registered Sex Offender as Neglect: Clear-and-Convincing Evidence and Specific Findings Requirement

Date: Mar 26, 2025
Permitting Unsupervised Contact with a Registered Sex Offender as Neglect: Clear-and-Convincing Evidence and Specific Findings Requirement Introduction In re B.E., E.W., R.S., and O.S. (No. 23-540)...
Victim-Specific Clarity Required to Avoid Double Jeopardy When Malicious Assault and Wanton Endangerment Arise from a Single Gunshot

Victim-Specific Clarity Required to Avoid Double Jeopardy When Malicious Assault and Wanton Endangerment Arise from a Single Gunshot

Date: Mar 26, 2025
Victim-Specific Clarity Required to Avoid Double Jeopardy When Malicious Assault and Wanton Endangerment Arise from a Single Gunshot Introduction In State of West Virginia v. Anthony M., the Supreme...
Mandatory Dispositional Hearings in All Abuse-and-Neglect Dispositions and the Child’s Non‑Waivable Right to Counsel: Commentary on In re C.E. (W. Va. 2025)

Mandatory Dispositional Hearings in All Abuse-and-Neglect Dispositions and the Child’s Non‑Waivable Right to Counsel: Commentary on In re C.E. (W. Va. 2025)

Date: Mar 26, 2025
Mandatory Dispositional Hearings in All Abuse-and-Neglect Dispositions and the Child’s Non‑Waivable Right to Counsel: Commentary on In re C.E. (W. Va. 2025) Introduction This commentary examines the...
No generalized adjudications: West Virginia high court requires child-specific findings and upholds neglect finding for extended, unsupervised visits with a registered child sex offender

No generalized adjudications: West Virginia high court requires child-specific findings and upholds neglect finding for extended, unsupervised visits with a registered child sex offender

Date: Mar 26, 2025
No generalized adjudications: West Virginia high court requires child-specific findings and upholds neglect finding for extended, unsupervised visits with a registered child sex offender Introduction...
Pretrial Home Incarceration Is “Custody” Under West Virginia’s Escape Statute: State v. Carter

Pretrial Home Incarceration Is “Custody” Under West Virginia’s Escape Statute: State v. Carter

Date: Mar 26, 2025
Pretrial Home Incarceration Is “Custody” Under West Virginia’s Escape Statute Commentary on State of West Virginia v. Corbett Maurice Carter, No. 23-277 (W. Va. Mar. 25, 2025) Introduction In State...
State v. Anthony M. and the Victim-Specific Requirement to Avoid Double Jeopardy in Single-Act Firearm Cases

State v. Anthony M. and the Victim-Specific Requirement to Avoid Double Jeopardy in Single-Act Firearm Cases

Date: Mar 26, 2025
State v. Anthony M. and the Victim-Specific Requirement to Avoid Double Jeopardy in Single-Act Firearm Cases Introduction This commentary analyzes Justice Armstead’s separate opinion—concurring in...
Victim Specificity as the Key to Avoiding Double Jeopardy in Single‑Gunshot Cases: Wanton Endangerment Vacated as a Lesser‑Included Offense of Malicious Assault Where the Indictment Left the Victim Unnamed

Victim Specificity as the Key to Avoiding Double Jeopardy in Single‑Gunshot Cases: Wanton Endangerment Vacated as a Lesser‑Included Offense of Malicious Assault Where the Indictment Left the Victim Unnamed

Date: Mar 26, 2025
Victim Specificity as the Key to Avoiding Double Jeopardy in Single‑Gunshot Cases: Wanton Endangerment Vacated as a Lesser‑Included Offense of Malicious Assault Where the Indictment Left the Victim...
Courts May Choose Among, But Not Create, Juvenile Placements: Writ of Prohibition Bars Judicial Compulsion to Keep a State Facility Open

Courts May Choose Among, But Not Create, Juvenile Placements: Writ of Prohibition Bars Judicial Compulsion to Keep a State Facility Open

Date: Mar 26, 2025
Courts May Choose Among, But Not Create, Juvenile Placements: Writ of Prohibition Bars Judicial Compulsion to Keep a State Facility Open Commentary on State of West Virginia ex rel. West Virginia...
Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases (In re D.S.)

Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases (In re D.S.)

Date: Mar 25, 2025
Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases Commentary on In re D.S., Supreme Court of Appeals of West Virginia...
Flat Fees, Trustees, and the Clear-and-Convincing Burden: West Virginia Clarifies Proof and Fee-Handling in Attorney Discipline

Flat Fees, Trustees, and the Clear-and-Convincing Burden: West Virginia Clarifies Proof and Fee-Handling in Attorney Discipline

Date: Mar 22, 2025
Flat Fees, Trustees, and the Clear-and-Convincing Burden: West Virginia Clarifies Proof and Fee-Handling in Attorney Discipline Introduction In Lawyer Disciplinary Board v. Paul J. Harris (Supreme...
Exclusive Supreme Court Jurisdiction Over Interlocutory Appeals from New‑Trial Orders; Contract Bar to Unjust Enrichment: Commentary on Danny Webb Construction Co., Inc. v. North Hills Group, Inc. (W. Va. Mar. 21, 2025)

Exclusive Supreme Court Jurisdiction Over Interlocutory Appeals from New‑Trial Orders; Contract Bar to Unjust Enrichment: Commentary on Danny Webb Construction Co., Inc. v. North Hills Group, Inc. (W. Va. Mar. 21, 2025)

Date: Mar 22, 2025
Exclusive Supreme Court Jurisdiction Over Interlocutory Appeals from New‑Trial Orders; Contract Bar to Unjust Enrichment Case: Danny Webb Construction Company, Inc. and Danny Webb v. North Hills...
Shelton Comes to West Virginia: Opposing Counsel Depositions Allowed Only in Limited, Exceptional Circumstances

Shelton Comes to West Virginia: Opposing Counsel Depositions Allowed Only in Limited, Exceptional Circumstances

Date: Mar 22, 2025
Shelton Comes to West Virginia: Opposing Counsel Depositions Allowed Only in Limited, Exceptional Circumstances Introduction In SER Mary C. Sutphin v. The Honorable Darl W. Poling, et al., the...
Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary

Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary

Date: Mar 20, 2025
Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary Introduction The case In re W.M. before the Supreme Court of West Virginia...
Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights

Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights

Date: Mar 20, 2025
Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights Introduction The Judgment in the case of In re L.F., rendered by the...
Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases

Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases

Date: Mar 20, 2025
Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases Introduction The case of In re A.M.-1, L.D., M.M., and T.D. before the Supreme Court...
Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review

Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review

Date: Mar 20, 2025
Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review Introduction The case of Codey Dale Foster v. Shelby Searls, Superintendent of Huttonsville...
Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children

Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children

Date: Mar 20, 2025
Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children Introduction The case of In re M.B., decided by the Supreme Court of...
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