Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods Commentary on In re N.E.,...
Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination Case: In re J.C.-1 and J.C.-2, No. 24-554 (W. Va. Sept....
In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication Introduction In a memorandum decision issued on September 10,...
No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings Introduction In In re A.B., L.E., and J.B., No....
Case-Specific Findings Required in Habeas Orders; Incorporation from a Co-Defendant’s Case Is Insufficient When the Evidence Materially Differs — Spears v. Frame (W. Va. 2025) Introduction In William...
Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence 1. Introduction In State of West Virginia v. Argie L. Jeffers,...
“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (Supreme Court of West Virginia, 2025) I. Introduction State of West Virginia v. Robert I. Brown Jr., Nos. 24-576, 24-578, and 24-579,...
“Record Sufficiency over Formality”: West Virginia Supreme Court Clarifies When Oral and Incorporated Findings Can Sustain a Habeas Denial Introduction Robert C. v. Searls, No. 24-61 (W. Va. Jul. 30,...
State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion Introduction State of West Virginia v. Michael E. Brown, Supreme Court of...
Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (Supreme Court of Appeals of West Virginia, 2025) Introduction The Supreme Court...
Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025) Introduction In re K.S. and K.K-1, No. 24-439 (July 30, 2025), marks...
Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations Introduction In...
“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation” A Structured Commentary on the Supreme Court of Appeals of West Virginia’s Memorandum Decision in In re P.F. and S.H....
“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases Commentary on In re B.S.-S. and N.S., Supreme Court of West Virginia, July 30 2025 1....
Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025) Introduction The...
Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025) 1....
Denial Equals Non-Compliance: West Virginia Supreme Court Re-Affirms that A Parent’s Failure to Acknowledge Abuse Makes Conditions “Uncorrectable” (Commentary on In re B.B., A.B., K.B., & E.P., No....
Clarifying “Dangerousness” and the “Least-Restrictive Alternative” in Civil Commitments of Permanently Incompetent Defendants – Commentary on State of West Virginia v. William O., 2025 WL —— (W. Va....
“Conflicting Trial Testimony Is Not ‘Newly-Discovered’ Evidence” – A Comprehensive Commentary on State of West Virginia v. Michael E. Brown (W. Va. July 30 2025) Introduction State of West Virginia...
The Brown Doctrine: Reinforcing the Waiver of Grand-Jury Challenges and the Harmless-Error Shield in West Virginia 1. Introduction State of West Virginia v. Michael E. Brown (Sup. Ct. of Appeals of...