Context Matters: A Circuit Court’s “Burden on Parents” Remark Is Not Plain Error When It Reflects Improvement-Period Compliance, Not DHS’s Proof Burden 1. Introduction In re L.J., I.J., A.J., and...
No Burden-Shift in Abuse & Neglect Disposition: Parents’ Duty to Prove Improvement-Period Compliance While DHS Retains Clear-and-Convincing Burden 1. Introduction In re L.J., I.J., A.J., and G.J.-1...
Contextualizing “Parents’ Burden” During Improvement Period Review: No Impermissible Burden Shift Absent Substantive Reliance 1. Introduction Case: In re L.J., I.J., A.J., and G.J.-1 (consolidated...
Dissenting View: “Required and Approved” in W. Va. Code § 17A-6A-10(1)(i) Means Mandatory, Not Voluntary Incentive-Program Upgrades 1. Introduction This certified-question proceeding arises from...
Optional OEM Incentive-Program Image Upgrades Trigger the 10-Year “Required and Approved” Grandfather Clause (W. Va. Code § 17A-6A-10(1)(i)) Case: West Virginia Automobile and Truck Dealers'...
Refining Guardianship Dispositions: New Precedents on Improvement Period Compliance and Modification Rights in IN RE H.M. Introduction In the case of IN RE H.M., decided on February 26, 2025, by the...
Failure to Engage in Court-Ordered Transition as Evidence of Neglect: A New Benchmark in Parental Rights Termination Introduction The case In re A.M. before the West Virginia Supreme Court of Appeals...
Establishing the "Preponderance of the Evidence" Requirement for Isolated Workplace Injuries: The Lemaster v. Walmart Precedent Introduction The case of Dustin Lemaster v. Walmart, Inc. brings to the...
Affirming the Integrity of Guilty Pleas Under Rule 11 and Sentencing Discretion in Cases of Sexual Abuse in a Position of Trust Introduction This commentary examines the memorandum decision rendered...
Affirming Mathematical Age Determination for Sentencing Enhancements in Sexual Abuse Cases Introduction The present judgment from the West Virginia Supreme Court of Appeals deals with the appeal...
Indictment Amendments and Plea Offer Enforcement: New Precedents in West Virginia Criminal Procedure Introduction The case of Richard F. v. Jonathan Frame, Superintendent, Mt. Olive Correctional...
Reaffirming Judicial Discretion: Juror Misconduct, Expert Opinion on Witness Credibility, and Proportional Sentencing Introduction This Judgment, rendered by the West Virginia Supreme Court of...
Affirmation of Parental Rights Termination: Insights from In re A.M. and E.L. Introduction In re A.M. and E.L. is a seminal decision by the West Virginia Supreme Court of Appeals, rendered on...
Parental Rights Termination in In re E.B., A.P., and C.P.: Establishing Standards for Abuse and Neglect Introduction The case of In re E.B., A.P., and C.P. adjudicated by the West Virginia Supreme...
Jurisdictional Safeguards in Parental Rights Termination: Analysis of In re W.D. Introduction The case In re W.D., adjudicated by the Supreme Court of Appeals of West Virginia on January 29, 2025,...
Affirmation of Voluntary Relinquishment Standards in Parental Rights Termination: In re B.H. and R.S. Introduction The case of In re B.H. and R.S. adjudicated by the State of West Virginia Supreme...
Affirmation of Parental Rights Termination in In re N.H.: Strengthening the Clear and Convincing Evidence Standard Introduction The case of In re N.H. adjudicates the termination of parental rights...
Affirmation of Custodial Rights Termination in In re S.H.-1: Establishing Standards for Parental Improvement Introduction The case of In re S.H.-1 adjudicated by the State of West Virginia Supreme...
Termination of Parental Rights in Cases of Substance Abuse and Domestic Violence: In re Y.K. and G.K. Introduction The case of In re Y.K. and G.K. involves the termination of parental rights of...
Affirmation of Parental Rights Termination Under West Virginia Code § 49-4-610 in In re C.B.-1 Introduction In re C.B.-1 is a pivotal case adjudicated by the West Virginia Supreme Court of Appeals on...