Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209 Introduction This case arises from a domestic-relations dispute between James M. (the father and...
State of West Virginia v. Phillips: Upholding Fair Trial Standards and Clarifying Imperfect Self-Defense Introduction State of West Virginia v. Joshua Marcellus Phillips was decided by the Supreme...
Strict Application of Six-Factor Test under WV Code § 23-4-1(f) for Ordinary Disease Compensation Introduction This commentary examines the dissenting opinion in Brittany Foster v. PrimeCare Medical...
Work-Related COVID-19 as a Compensable Occupational Disease Under W. Va. Code §23-4-1(f) Introduction In Brittany Foster v. PrimeCare Medical of West Virginia, Inc., 247 W. Va. 590, 885 S.E.2d 171...
Affirmation of PSC’s Continuing Jurisdiction and Criteria for Acquisition Under the Distressed and Failing Utilities Act 1. Introduction In Huntington Sanitary Board v. Public Service Commission of...
Harmless Error and Judicial Questioning: Affirming Conviction in State v. Eldredge Introduction In State of West Virginia v. Chad M. Eldredge, the Supreme Court of Appeals (2025) faced a challenge to...
State v. Hartwell: Narrowly Tailoring the Public-Safety Exception to Miranda in West Virginia Introduction In State of West Virginia v. Monica Hartwell, No. 23-7 (W. Va. May 22, 2025), the Supreme...
Preserving Witness Impartiality and Exclusion of Unadjudicated Charges in Criminal Trials Introduction State of West Virginia v. Chad M. Eldredge involved allegations that Chad Eldredge, acting as...
Denial of Reinstatement for Public-Office Misconduct and Inconsistent Admissions Undermining Rehabilitation Introduction In the matter of In re Petition for Reinstatement of C. Michael Sparks, the...
Mandating Commission-Structured Operation & Maintenance Agreements under the Distressed and Failing Utilities Improvement Act Introduction Gauley River Public Service District (“Gauley River”)...
Rehabilitation, Cooperation, and Fair Application of Brown II Factors in Attorney Reinstatement Introduction In No. 23-71, In re Petition for Reinstatement of C. Michael Sparks, Justice Walker...
Preponderance Standard for Final Parole Revocation Under WV Code § 62-12-10(a)(1) Introduction State of West Virginia v. Lawrence Davonn Foye, decided May 20, 2025 by the Supreme Court of Appeals of...
State v. Browning: Malnutrition and Dehydration as Intrinsic Evidence in Child Neglect Prosecutions Introduction The Supreme Court of Appeals of West Virginia issued its decision in State of West...
Establishing Non-Testimonial Status of Child and Family Hearsay in West Virginia Criminal Trials Introduction This memorandum decision in State of West Virginia v. Sherie Titchenell (May 19, 2025)...
Intrinsic Evidence Doctrine under WV Rule 404(b) in Child Neglect Causing Death Introduction In State of West Virginia v. Julie Browning, decided May 19, 2025, the Supreme Court of Appeals of West...
Requirement of Comprehensive Credibility Findings in Child Abuse and Neglect Adjudications Introduction In In re J.E., the Supreme Court of Appeals of West Virginia reviewed a circuit‐court order...
Case-Specific Necessity and Ineffective Assistance in Confrontation Clause Claims: Johnston v. Ames Introduction In Henry Wayne Johnston v. Donald F. Ames, Superintendent, Mt. Olive Correctional...
Expert Nexus Required for Admissibility of Drug-Use Evidence: The New Standard Established in State of West Virginia v. Hundley Introduction State of West Virginia v. Scott Michael Andrew Hundley,...
Overcoming Statutory Grandparent Placement Preference: Continuity of Care and Child Welfare in In re A.H. & G.H. Introduction In the Supreme Court of Appeals of West Virginia’s memorandum decision In...
Negligent Supervision: Employer Liability for Employee Torts – Duty, Elements, and Scope Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in Camden-Clark...