Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings Introduction This memorandum decision arises from the appeal in In re D.B.,...
Kinship Caregivers, Foster-Care Time Limits, and Intervention Rights in West Virginia: Commentary on In re J.W. I. Introduction This commentary analyzes the Supreme Court of Appeals of West...
Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B. Introduction In In re K.A., Jr., N.A. and J.B., the Supreme Court of Appeals of West Virginia...
Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent Introduction In John J. Delsignore v. Timberline Logging Enterprises, LLC, the Supreme Court of...
Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies Introduction In Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer...
Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a Introduction State of West Virginia v. Brian Allen Merchant Jones (No. 23-13, decided May 2, 2025) is a...
Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W. Introduction In In re J.W., D.W.-1, and W.W., the Supreme Court of Appeals of West Virginia...
Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims Introduction This commentary examines the Supreme Court of West Virginia’s decision in State ex rel....
Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified Introduction In State of West Virginia v. Aron Freeland, the Supreme Court of Appeals of West Virginia...
Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal Introduction State of West Virginia v. Aron Freeland arose from Monongalia County Circuit Court proceedings in...
Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers Introduction Robert Clark and a group of current and retired Natural Resources Police...
Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c) Introduction Erie Insurance Property & Casualty Company v. James Skylar Cooper presents a significant dispute...
Commercial Auto Policies: No Mandatory UIM Offer for Non-Owned Vehicles Under WV Code § 33-6-31 Introduction In Erie Insurance Property & Casualty Co. v. Cooper, 2025 WL ___ (W. Va. Apr. 29, 2025),...
Qualified Psychiatrist Requirement and Evidentiary Compliance in Psychological Workers’ Compensation Claims Introduction E.B. v. Alliance Coal, LLC is a 2025 decision of the Supreme Court of Appeals...
Remand for Qualified Psychiatric Evidence under Rule 21(d) in Workers’ Compensation Claims Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in E.B. v....
Exclusivity of Statutory Tax‐Deed Remedies Under WV Code §11A-3-60 Introduction Jay Folse v. G. Russell Rollyson and Mark A. Hunt, decided April 25, 2025 by the Supreme Court of Appeals of West...
Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections Introduction The Supreme Court of Appeals of West Virginia in State of West...
Affirmation of Res Judicata in Successive Habeas Corpus Petitions Introduction In Michael Dewayne Hicks v. Donald Ames, Superintendent, the Supreme Court of Appeals of West Virginia addressed the...
Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel Introduction This commentary examines the Supreme Court of...
Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s...