Judicial Duty to Decide and Structure Post‑Termination Visitation in West Virginia Abuse and Neglect Cases Commentary on In re D.D.-1, D.D.-2, D.D.-3, D.D.-4, and D.K., No. 24-584 (W. Va. Nov. 4,...
Reaffirming Termination as the Sole Disposition When Improvement Efforts Fail and Contact with an Abuser Continues: Commentary on In re N.D., T.D., and S.D. I. Introduction The Supreme Court of...
Reaffirming Strict Standards for Improvement Periods and Termination Despite a Fit Co‑Parent: Commentary on In re B.B. (W. Va. 2025) I. Introduction The Supreme Court of Appeals of West Virginia’s...
Failure to File a Family Case Plan as Non‑Structural Error and the Centrality of Parental Acknowledgment in Abuse‑and‑Neglect Dispositions: Commentary on In re K.F., W.W., and P.W. I. Introduction...
In re K.B.: Noncustodial Parent’s Prolonged Non‑Contact and Non‑Support as Neglect under West Virginia Law I. Introduction In In re K.B., No. 24-627 (Nov. 4, 2025), the Supreme Court of Appeals of...
Specific Findings and Statutorily Adequate Pleadings in West Virginia Child Abuse and Neglect Cases: Commentary on In re L.G., A.G.-1, M.G., and N.G. I. Introduction The Supreme Court of Appeals of...
Hair Follicle Drug Testing, Improvement Period Compliance, and Termination of Parental Rights in West Virginia: Commentary on In re S.D.-1 and S.D.-2 I. Introduction The memorandum decision of the...
Noncompliance with Improvement Period and Visitation as Evidence of No Reasonable Likelihood of Correction: Commentary on In re J.B. and A.B. I. Introduction The Supreme Court of Appeals of West...
In re Z.S.: Termination of Parental Rights and Denial of Post-Termination Visitation for Noncompliance and Lack of Emotional Bond I. Introduction The memorandum decision in In re Z.S., No. 24-655 (W....
Calculating Post‑Revocation Supervised Release Under W. Va. Code § 62‑12‑26(j): Commentary on State v. Brautigam I. Introduction The Supreme Court of Appeals of West Virginia’s decision in State of...
Absconding Is Not a Waiver of the Presentence Investigation: West Virginia Clarifies Rule 32’s Conjunctive Requirements in State v. DePriest Court: Supreme Court of Appeals of West Virginia Date:...
Absconding Does Not Waive the Right to a Presentence Investigation: The Conjunctive Rule 32(b)(1) Mandate in State v. DePriest Introduction In State of West Virginia v. James Carroll DePriest, the...
Supreme Court of Appeals of West Virginia Affirms De Novo Authority Over Stipulated Violations and Clarifies Which Judicial Conduct Rules Apply to Appointive Candidates Introduction In In the Matter...
Search-Incident-to-Arrest Valid Despite CAD Timestamp Discrepancy; Suspect-Assisted Retrieval of Concealed Contraband Is Non‑Testimonial Introduction In State of West Virginia v. Roderick Levi Howard...
De Novo Means De Novo: West Virginia High Court Refuses to Be Bound by Disciplinary Stipulations and Clarifies Status-Specific Reach of Judicial Conduct Rules in In re Boso Introduction In a...
Deference on Arrest Timing: Officer Testimony May Outweigh CAD Timestamps to Uphold a Search Incident to Arrest Introduction In State of West Virginia v. Roderick Levi Howard (No. 24-88), the Supreme...
Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction Introduction In State of West Virginia v. Timothy W. (No. 23-518),...
Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct Introduction In Susan Casdorph v. City of...
Ordinance Amendments Moot Broad Challenges; Extraordinary Writs Cannot Compel Discretionary Municipal Permit Decisions Absent Arbitrary Action Comprehensive Commentary on Susan Casdorph v. City of...
Speculative Sleep Is Not “Reasonable Evidence”: West Virginia Limits Unconsciousness (Automatism) Jury Instructions to Proof Tied to the Moment of the Offense Introduction This commentary analyzes...