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  • Commentaries
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West Virginia Case Commentaries

State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

Date: Jun 10, 2025
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

State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

Date: Jun 10, 2025
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. et al.: Mandating Specific Factual Findings and Proper Dispositional Standards in Child Abuse and Neglect Proceedings

In re C.N. et al.: Mandating Specific Factual Findings and Proper Dispositional Standards in Child Abuse and Neglect Proceedings

Date: Jun 10, 2025
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

No Duty of West Virginia DHS to Fund Services for Children under Private Guardianship Absent Statutory Authority

Date: Jun 10, 2025
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

Establishing Limits on Victim Character Evidence Under the Plain Error Doctrine

Date: Jun 3, 2025
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

Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine

Date: Jun 3, 2025
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

Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings

Date: May 31, 2025
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

Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance

Date: May 29, 2025
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

Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release

Date: May 29, 2025
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...
Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer

Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer

Date: May 29, 2025
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...
Plain‐Language Recidivist Enhancement and Harmless‐Error Limits on Post-Arrest Silence Cross-Examination

Plain‐Language Recidivist Enhancement and Harmless‐Error Limits on Post-Arrest Silence Cross-Examination

Date: May 29, 2025
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

Prohibition on Prosecutorial Impeachment by Post-Arrest Silence: State of West Virginia v. Miller

Date: May 29, 2025
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...
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Date: May 29, 2025
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

Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher

Date: May 29, 2025
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

Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10

Date: May 29, 2025
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...
Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209

Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209

Date: May 29, 2025
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

State of West Virginia v. Phillips: Upholding Fair Trial Standards and Clarifying Imperfect Self-Defense

Date: May 29, 2025
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

Strict Application of Six-Factor Test under WV Code § 23-4-1(f) for Ordinary Disease Compensation

Date: May 28, 2025
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)

Work-Related COVID-19 as a Compensable Occupational Disease Under W. Va. Code §23-4-1(f)

Date: May 28, 2025
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

Affirmation of PSC’s Continuing Jurisdiction and Criteria for Acquisition Under the Distressed and Failing Utilities Act

Date: May 24, 2025
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...
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