Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations Introduction In re A.F. (No. 23-698) is a 2025 Supreme Court of West Virginia decision...
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations Introduction In In re M.N., 2025 WL ___ (W. Va. June 6, 2025), the Supreme Court of...
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte Introduction In Lawyer Disciplinary Board v. Scott A. Curnutte, 2025...
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays Introduction In the disciplinary matter Lawyer Disciplinary Board v. Scott A. Curnutte, No. 23-746 (W. Va....
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions Introduction State of West Virginia v. Deliezha Davonte Gravely (No. 23-189, filed...
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence Introduction State of West Virginia v. Joseph Wayne Mason (No. 22-674, decided June 6, 2025) is...
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials Introduction In State of West Virginia v....
In re C.N., D.N., H.N-1, I.P. & H.N-2: Mandating Specific Factual Findings and Proper Dispositional Standards in Child Abuse & Neglect Proceedings Introduction In this appeal, the Supreme Court of...
No Duty of West Virginia DHS to Fund Services for Children under Private Guardianship Absent Statutory Authority Introduction State ex rel. West Virginia Department of Human Services v. The Honorable...
Establishing Limits on Victim Character Evidence Under the Plain Error Doctrine Introduction The Supreme Court of Appeals of West Virginia’s decision in State of West Virginia v. David Hunter Lewis...
Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine Introduction This commentary examines the concurring opinion in State of West Virginia v. David Hunter...
Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings Introduction This commentary analyzes the Supreme Court of West Virginia’s May 30,...
Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance Introduction In State of West Virginia v. Douglas G. Hill, Jr., No. 23-368 (W. Va. May 28,...
Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release Introduction In Ryan Lloyd Montgomery v. Timothy King, Superintendent, Southwestern Regional Jail and...
Plain-Language Recidivist Enhancement and Harmless-Error Limits on Post-Arrest Silence Cross-Examination Introduction State of West Virginia v. Andrew Miller is a criminal appeal decided by the...
Prohibition on Prosecutorial Impeachment by Post-Arrest Silence: State of West Virginia v. Miller Introduction In State of West Virginia v. Andrew Miller, the Supreme Court of Appeals of West...
Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer Introduction State of West Virginia v. William Trampus Widmyer is a 2025 decision of the West...
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d) Introduction In State of West Virginia v. Shawn Douglas Newman, the Supreme Court of Appeals of West Virginia...
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher Introduction In State of West Virginia v. Robert Peacher, the Supreme Court of Appeals of West...
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10 Introduction In State of West Virginia v. Cornell Lee Smith, Supreme Court of Appeals of West...