Personal Safety Orders Require Proof by a Preponderance, and Rule 59(e) Limits Appellate Review to Issues Raised 1. Introduction In A.H. v. J.B. (Supreme Court of Appeals of West Virginia, June 24,...
In re A.G.: Ongoing Domestic-Violence Threat and Prior Involuntary Terminations Support Adjudication, Denial of Improvement Period, and Termination Without Less Restrictive Alternatives 1....
Hypothetical Vagueness Attacks Do Not Defeat West Virginia’s Kidnapping Statute Absent an As-Applied Showing; Consecutive Sentences Within Statutory Bounds Stand 1. Introduction In State of West...
Scheduling Orders in Original Jurisdiction Writ Proceedings Do Not Divest Circuit Court Jurisdiction Absent a Rule to Show Cause or Stay 1. Introduction In Antonio Prophet v. Jonathan Frame,...
Expired Personal Safety Orders Remain Reviewable for Collateral Consequences; “Reconsideration” Motions Are Construed Under Rule 59(e) or Rule 60(b) 1. Introduction In A.H. v. B.K. (W. Va. Sup. Ct....
Best Interests Cannot Substitute for Statutory Abandonment in Stepparent Adoption—Interference with Visitation Defeats the Abandonment Presumption Case: In re the Adoption of: R.E.H., No. 25-332...
Post-Dispositional Improvement Period Requires a Proven “Substantial Change in Circumstances,” and Post-Termination Visitation Requires a Best-Interests Finding 1. Introduction In In re K.A., A.L.,...
Occurrence-First Coverage Analysis and a Narrower Business Exclusion: Limiting Homeowners Coverage Defeat to the Insured’s Own Continuous, Profit-Motivated Activity 1. Introduction This separate...
“Effect on the Listener” Is Not a Backdoor to Prove Guilt: Relevancy, Limiting Instructions, and Preservation via Motion in Limine 1. Introduction In State of West Virginia v. Randy C. Cain (No....
State-of-Mind Hearsay Limits: Rule 803(3) Cannot Admit the Cause of a Victim’s Distress; Untimely Hearsay Objections Waive Appellate Review Case: State of West Virginia v. Randy C. Cain (Supreme...
Homeowners “Business” Exclusion Applies to Third-Party Commercial Activity Conducted from the Insured Location; Excess-Protection Letters Do Not Waive Reserved Coverage Defenses 1. Introduction Case:...
UCCJEA Home-State Priority in Abuse-and-Neglect: Vacatur Required Absent Home-State Court Declination 1. Introduction In re A.N. and I.N., No. 25-396 (W. Va. June 8, 2026) is a memorandum decision...
Deference to Board Findings Controls Denial of Added Compensable Components and Related Surgery Despite Moore Presumption Arguments 1. Introduction In Bobby Snelson v. Bobby Snelson Bob's Painting,...
UCCJEA Home-State Priority as a Jurisdictional Bar in West Virginia Abuse-and-Neglect Proceedings In re A.N. and I.N., No. 25-402 (W. Va. June 8, 2026) (memorandum decision) 1. Introduction This...
Rule 35(a) Is Not a Backdoor Sentence Reduction: Prohibition Will Issue to Reinstate a Lawful Sentence Case: State of West Virginia ex rel. State of West Virginia v. The Honorable Joseph Barki, Judge...
Mishandling (Not Misappropriation) of Client Funds and the Binding Force of Disciplinary Stipulations: Two-Year Suspension for Systemic Neglect 1. Introduction In Lawyer Disciplinary Board v. Brian...
§ 49-4-604(c)(6) Permits Termination of Custodial and/or Guardianship Rights Without Terminating Parental Rights Case: In re M.G., S.G., and O.G. Court: Supreme Court of Appeals of West Virginia...
Rule 35(a) Resentencing Requires a Finding of Illegality; Prohibition Lies to Stop Unauthorized Sentence Reductions 1. Introduction This proceeding arises from the State’s petition for a writ of...
Sanction Calibration in West Virginia Attorney Discipline: Distinguishing Fee Mishandling from Misappropriation and Separately Weighting Client-Abandonment Harm Case: Lawyer Disciplinary Board v....
DEP Horizontal-Well Permits Do Not Displace Municipal Zoning Absent Express Preemption; ICA Lacks Jurisdiction Over Certiorari Zoning Appeals Case: City of Weirton and City of Weirton Board of Zoning...