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  • Commentaries
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West Virginia Case Commentaries

Admissibility of Prior Child Abuse Evidence Under Rule 404(b) in Terminating Parental Rights

Admissibility of Prior Child Abuse Evidence Under Rule 404(b) in Terminating Parental Rights

Date: Jul 30, 1991
Admissibility of Prior Child Abuse Evidence Under Rule 404(b) in Terminating Parental Rights Introduction In the Interest of Carlita B., decided by the Supreme Court of Appeals of West Virginia on...
Refinement of the Plain View Doctrine in West Virginia: Julius v. State

Refinement of the Plain View Doctrine in West Virginia: Julius v. State

Date: Jul 4, 1991
Refinement of the Plain View Doctrine in West Virginia: Julius v. State Introduction In the landmark case of State of West Virginia v. Rubin "Skeeter" Julius, decided on July 3, 1991, the Supreme...
Helmick v. Potomac Edison: Upholding High Duty of Care for Electric Companies and Restricting Indemnification in Adhesion Contracts

Helmick v. Potomac Edison: Upholding High Duty of Care for Electric Companies and Restricting Indemnification in Adhesion Contracts

Date: Jun 28, 1991
Helmick v. Potomac Edison: Upholding High Duty of Care for Electric Companies and Restricting Indemnification in Adhesion Contracts Introduction In the landmark case of Helmick v. Potomac Edison...
Establishing the Lustful Disposition Exception in Child Sexual Abuse Cases: An Analysis of State of West Virginia v. Edward Charles L., Sr.

Establishing the Lustful Disposition Exception in Child Sexual Abuse Cases: An Analysis of State of West Virginia v. Edward Charles L., Sr.

Date: Sep 22, 1990
Establishing the Lustful Disposition Exception in Child Sexual Abuse Cases: An Analysis of State of West Virginia v. Edward Charles L., Sr. Introduction The case of State of West Virginia v. Edward...
Contribution Claims and Verdict Reduction in Civil Litigation: Board of Education of McDowell County v. Zando, Martin Milstead, Inc.

Contribution Claims and Verdict Reduction in Civil Litigation: Board of Education of McDowell County v. Zando, Martin Milstead, Inc.

Date: Feb 23, 1990
Contribution Claims and Verdict Reduction in Civil Litigation: Board of Education of McDowell County v. Zando, Martin Milstead, Inc. Introduction Board of Education of McDowell County v. Zando,...
Rebutting Presumption of Legitimacy through Blood Test Evidence: MICHAEL K.T. v. TINA L.T. Commentary

Rebutting Presumption of Legitimacy through Blood Test Evidence: MICHAEL K.T. v. TINA L.T. Commentary

Date: Dec 22, 1989
Rebutting Presumption of Legitimacy through Blood Test Evidence: MICHAEL K.T. v. TINA L.T. Commentary Introduction MICHAEL K.T. v. TINA L.T. is a landmark case decided by the Supreme Court of Appeals...
Balancing Natural Parental Rights and Child Welfare: Insights from Honaker v. Burnside

Balancing Natural Parental Rights and Child Welfare: Insights from Honaker v. Burnside

Date: Dec 22, 1989
Balancing Natural Parental Rights and Child Welfare: Insights from Honaker v. Burnside Introduction The case of Leonard Douglas Honaker v. Robert A. Burnside, Jr. presents a poignant exploration of...
Gender Equality in High School Athletics: Erin Israel v. West Virginia Secondary Schools Activities Commission

Gender Equality in High School Athletics: Erin Israel v. West Virginia Secondary Schools Activities Commission

Date: Dec 21, 1989
Gender Equality in High School Athletics: Erin Israel v. West Virginia Secondary Schools Activities Commission Introduction The landmark case of Erin Israel, by her Next Friend, Patricia Israel v....
Termination of Parental Rights in Neglect Cases: Analysis of In the Matter of Jonathan P.

Termination of Parental Rights in Neglect Cases: Analysis of In the Matter of Jonathan P.

Date: Dec 1, 1989
Termination of Parental Rights in Neglect Cases: Analysis of In the Matter of Jonathan P. Introduction In the Matter of Jonathan P. is a pivotal 1989 decision by the Supreme Court of Appeals of West...
Defining Fiscal Emergencies in Educational Budgeting: Randolph County Board of Education v. Scalia et al.

Defining Fiscal Emergencies in Educational Budgeting: Randolph County Board of Education v. Scalia et al.

Date: Nov 22, 1989
Defining Fiscal Emergencies in Educational Budgeting: Randolph County Board of Education v. Scalia et al. Introduction The case Randolph County Board of Education v. Bonnie Scalia, Harry L. Vannoy,...
Insurance Liability in Sexual Misconduct Cases: Horace Mann Insurance Co. v. Leeber

Insurance Liability in Sexual Misconduct Cases: Horace Mann Insurance Co. v. Leeber

Date: Dec 21, 1988
Insurance Liability in Sexual Misconduct Cases: Horace Mann Insurance Co. v. Leeber Introduction The case of Horace Mann Insurance Company v. James V. Leeber represents a significant judicial...
Affirmation of Life Sentence in Aggravated Robbery: Standards for Jury Instructions and Parole Eligibility

Affirmation of Life Sentence in Aggravated Robbery: Standards for Jury Instructions and Parole Eligibility

Date: Sep 17, 1988
Affirmation of Life Sentence in Aggravated Robbery: Standards for Jury Instructions and Parole Eligibility Introduction The case of State of West Virginia v. Bryson J. England, Jr. (180 W. Va. 342)...
Extending Implied Warranties and Negligence Liability to Subsequent Home Purchasers: Sewell v. Gregory

Extending Implied Warranties and Negligence Liability to Subsequent Home Purchasers: Sewell v. Gregory

Date: Jul 30, 1988
Extending Implied Warranties and Negligence Liability to Subsequent Home Purchasers: Sewell v. Gregory Introduction The case of Arthur L. and Irma J. Sewell v. Paul G. Gregory, Sr. (179 W. Va. 585)...
Enhancing Procedural Safeguards for Defendant's Right to Testify: Insights from STATE of West Virginia v. Mark Stewart NEUMAN

Enhancing Procedural Safeguards for Defendant's Right to Testify: Insights from STATE of West Virginia v. Mark Stewart NEUMAN

Date: Jul 2, 1988
Enhancing Procedural Safeguards for Defendant's Right to Testify: Insights from STATE of West Virginia v. Mark Stewart NEUMAN Introduction STATE of West Virginia v. Mark Stewart NEUMAN is a pivotal...
Insurable Interest and Valued Policies: Analysis of Filiatreau v. Allstate Insurance Co.

Insurable Interest and Valued Policies: Analysis of Filiatreau v. Allstate Insurance Co.

Date: Jul 2, 1987
Insurable Interest and Valued Policies: Analysis of Filiatreau v. Allstate Insurance Co. Introduction The case of William Filiatreau, et al. v. Allstate Insurance Co. (178 W. Va. 268) presented a...
Establishing a General Test for Prima Facie Employment Discrimination: Insights from Conaway v. Eastern Associated Coal Corporation

Establishing a General Test for Prima Facie Employment Discrimination: Insights from Conaway v. Eastern Associated Coal Corporation

Date: Jun 9, 1987
Establishing a General Test for Prima Facie Employment Discrimination: Insights from Conaway v. Eastern Associated Coal Corporation Introduction The case of Dorwin Conaway v. Eastern Associated Coal...
Judicial Discretion in Plea Agreements Amid Entrapment Claims: Analysis of John Kennedy v. Fraziers

Judicial Discretion in Plea Agreements Amid Entrapment Claims: Analysis of John Kennedy v. Fraziers

Date: Jun 4, 1987
Judicial Discretion in Plea Agreements Amid Entrapment Claims: Analysis of John Kennedy v. Fraziers Introduction The case of John Kennedy v. Hon. John R. Fraziers serves as a pivotal examination of...
National Mutual Insurance Co. v. McMahon Sons: Clarifying Exclusionary Clauses and Reasonable Expectations in Insurance Law

National Mutual Insurance Co. v. McMahon Sons: Clarifying Exclusionary Clauses and Reasonable Expectations in Insurance Law

Date: Apr 16, 1987
National Mutual Insurance Co. v. McMahon Sons: Clarifying Exclusionary Clauses and Reasonable Expectations in Insurance Law Introduction In the landmark case of National Mutual Insurance Company v....
Ensuring Procedural Compliance and Meaningful Rehabilitative Opportunities in Termination of Parental Rights: Analysis of State ex rel. W. Va. DHS v. Cheryl M.

Ensuring Procedural Compliance and Meaningful Rehabilitative Opportunities in Termination of Parental Rights: Analysis of State ex rel. W. Va. DHS v. Cheryl M.

Date: Apr 3, 1987
Ensuring Procedural Compliance and Meaningful Rehabilitative Opportunities in Termination of Parental Rights: Analysis of State ex rel. W. Va. Department of Human Services v. Cheryl M. Introduction...
Establishing Clear Standards for Attorneys' Fees and Punitive Damages in Insurance Property Damage Cases – Hayseeds, Inc. v. State Farm Fire Cas.

Establishing Clear Standards for Attorneys' Fees and Punitive Damages in Insurance Property Damage Cases – Hayseeds, Inc. v. State Farm Fire Cas.

Date: Dec 13, 1986
Establishing Clear Standards for Attorneys' Fees and Punitive Damages in Insurance Property Damage Cases Hayseeds, Inc. v. State Farm Fire Casualty, 177 W. Va. 323 (1986) Introduction The case of...
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