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  • Commentaries
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West Virginia Case Commentaries

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.

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.

Date: Nov 13, 2025
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....
In re D.T.: Statutory Limits on Successive Improvement Periods and the Parent’s Duty to Proactively Remedy Noncompliance

In re D.T.: Statutory Limits on Successive Improvement Periods and the Parent’s Duty to Proactively Remedy Noncompliance

Date: Nov 13, 2025
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: A Commentary on Lawyer Disciplinary Board v. Freeman

Refining the Misappropriation–Disbarment Presumption: A Commentary on Lawyer Disciplinary Board v. Freeman

Date: Nov 13, 2025
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...
Narrowing Warrantless Container Searches Incident to Arrest in West Virginia: Commentary on State v. Allman

Narrowing Warrantless Container Searches Incident to Arrest in West Virginia: Commentary on State v. Allman

Date: Nov 13, 2025
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.

Non‑Statutory Grandparent Visitation Does Not Survive Stepparent Adoption in West Virginia: Commentary on In re Adoption of K.J.

Date: Nov 13, 2025
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...
Implied Addition of Compensable Conditions and the Moore Presumption in West Virginia Workers’ Compensation Law: Commentary on Comas v. Bass Pro Group, LLC

Implied Addition of Compensable Conditions and the Moore Presumption in West Virginia Workers’ Compensation Law: Commentary on Comas v. Bass Pro Group, LLC

Date: Nov 13, 2025
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...
State v. Dolen: Independent Expert Use of Fusion Center Cell‑Site Mapping and the Scope of “Concession” Kidnapping in West Virginia

State v. Dolen: Independent Expert Use of Fusion Center Cell‑Site Mapping and the Scope of “Concession” Kidnapping in West Virginia

Date: Nov 13, 2025
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

State ex rel. Urban v. Hardy: West Virginia Adopts the Sell Test and a Clear-and-Convincing Standard for Involuntary Medication to Restore Competency

Date: Nov 13, 2025
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....
Certified Questions and Disputed Facts: Stafford Glenn Poff v. Wayne County Commission and the Jurisdictional Limits of the West Virginia Supreme Court

Certified Questions and Disputed Facts: Stafford Glenn Poff v. Wayne County Commission and the Jurisdictional Limits of the West Virginia Supreme Court

Date: Nov 11, 2025
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

Hardy v. 3M Company: Clarifying the Discovery Rule and Accrual of Latent Disease Products Liability Claims in West Virginia

Date: Nov 8, 2025
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...
Expanding “Aggravated Circumstances” and Confirming Broad Admissibility of Forensic Psychological Evaluations in West Virginia Abuse and Neglect Proceedings: Commentary on In re B.P., A.H.-1, and E.H.

Expanding “Aggravated Circumstances” and Confirming Broad Admissibility of Forensic Psychological Evaluations in West Virginia Abuse and Neglect Proceedings: Commentary on In re B.P., A.H.-1, and E.H.

Date: Nov 8, 2025
Expanding “Aggravated Circumstances” and Confirming Broad Admissibility of Forensic Psychological Evaluations in West Virginia Abuse and Neglect Proceedings Commentary on In re B.P., A.H.-1, and...
Timely Notice and Hedrick Factors in Bail Bond Forfeiture: Commentary on State v. Wooten

Timely Notice and Hedrick Factors in Bail Bond Forfeiture: Commentary on State v. Wooten

Date: Nov 8, 2025
Timely Notice as a Decisive Hedrick Factor in Bail Bond Forfeiture: Commentary on State of West Virginia v. Larry Glenn Wooten I. Introduction This memorandum decision of the Supreme Court of Appeals...
Knowing Misuse of an IOLTA Account and Dishonesty to Disciplinary Counsel Warrant Public Reprimand Even Absent Client Harm: Commentary on Lawyer Disciplinary Board v. Hylton

Knowing Misuse of an IOLTA Account and Dishonesty to Disciplinary Counsel Warrant Public Reprimand Even Absent Client Harm: Commentary on Lawyer Disciplinary Board v. Hylton

Date: Nov 6, 2025
Knowing Misuse of an IOLTA Account and Dishonesty to Disciplinary Counsel Warrant Public Reprimand Even Absent Client Harm: Commentary on Lawyer Disciplinary Board v. Hylton I. Introduction The...
Safeguarding Client Funds and Calibrating Sanctions for Single-Matter Misconduct: Commentary on Lawyer Disciplinary Board v. Evans, III

Safeguarding Client Funds and Calibrating Sanctions for Single-Matter Misconduct: Commentary on Lawyer Disciplinary Board v. Evans, III

Date: Nov 6, 2025
Safeguarding Client Funds and Calibrating Sanctions for Single-Matter Misconduct: Commentary on Lawyer Disciplinary Board v. Thomas H. Evans, III Supreme Court of Appeals of West Virginia, Memorandum...
Reaffirming the Prohibition on “Back‑Door” Adjudications and the Requirement of Statutory Findings in Termination of Parental Rights: Commentary on In re P.M. and A.M.

Reaffirming the Prohibition on “Back‑Door” Adjudications and the Requirement of Statutory Findings in Termination of Parental Rights: Commentary on In re P.M. and A.M.

Date: Nov 6, 2025
Reaffirming the Prohibition on “Back‑Door” Adjudications and the Requirement of Statutory Findings in Termination of Parental Rights: Commentary on In re P.M. and A.M. (W. Va. Nov. 5, 2025) I....
Adjudication Before Modification: In re P.K. and the Limits of “Material Change of Circumstances” in West Virginia Abuse and Neglect Law

Adjudication Before Modification: In re P.K. and the Limits of “Material Change of Circumstances” in West Virginia Abuse and Neglect Law

Date: Nov 6, 2025
Adjudication Before Modification: In re P.K. and the Limits of “Material Change of Circumstances” in West Virginia Abuse and Neglect Law I. Introduction The Supreme Court of Appeals of West...
Strict Enforcement of the Written Motion Requirement and the Role of Parental Denial in Abuse and Neglect Dispositions: Commentary on In re T.G., J.R., and R.G.

Strict Enforcement of the Written Motion Requirement and the Role of Parental Denial in Abuse and Neglect Dispositions: Commentary on In re T.G., J.R., and R.G.

Date: Nov 5, 2025
Strict Enforcement of the Written Motion Requirement and the Role of Parental Denial in Abuse and Neglect Dispositions: Commentary on In re T.G., J.R., and R.G. I. Introduction The Supreme Court of...
Substantial Compliance and Denial of Improvement Period Extensions in West Virginia Abuse and Neglect Law: Commentary on In re S.D.-1 and S.D.-2

Substantial Compliance and Denial of Improvement Period Extensions in West Virginia Abuse and Neglect Law: Commentary on In re S.D.-1 and S.D.-2

Date: Nov 5, 2025
Substantial Compliance and Denial of Improvement Period Extensions in West Virginia Abuse and Neglect Law: Commentary on In re S.D.-1 and S.D.-2 I. Introduction The Supreme Court of Appeals of West...
Appellate Deference and Post‑Termination Visitation: Commentary on In re N.D., T.D., and S.D. (W. Va. 2025)

Appellate Deference and Post‑Termination Visitation: Commentary on In re N.D., T.D., and S.D. (W. Va. 2025)

Date: Nov 5, 2025
Appellate Deference and Post‑Termination Visitation: Commentary on In re N.D., T.D., and S.D. (W. Va. 2025) Introduction The memorandum decision in In re N.D., T.D., and S.D., No. 24‑713 (W. Va. Nov....
Implicit “No Reasonable Likelihood” Findings and Refusal to Acknowledge Substance Abuse in Termination of Parental Rights: Commentary on In re J.P. (W. Va. 2025)

Implicit “No Reasonable Likelihood” Findings and Refusal to Acknowledge Substance Abuse in Termination of Parental Rights: Commentary on In re J.P. (W. Va. 2025)

Date: Nov 5, 2025
Implicit “No Reasonable Likelihood” Findings and Refusal to Acknowledge Substance Abuse in Termination of Parental Rights: Commentary on In re J.P. (W. Va. 2025) I. Introduction The Supreme Court of...
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