West Virginia Case Commentaries

Affirmation of Trial Court Discretion in Sentencing: State v. Ryzner

Date: Jan 15, 2025

Affirmation of Trial Court Discretion in Sentencing: State v. Ryzner Introduction In the case of State of West Virginia v. Michael Frederick Ryzner, the Supreme Court of Appeals of West Virginia...

State v. Dunn: Upholding Habeas Corpus Denial Amidst Ineffective Assistance of Counsel Claims

Date: Jan 15, 2025

State v. Dunn: Upholding Habeas Corpus Denial Amidst Ineffective Assistance of Counsel Claims Introduction Donald Dunn, the petitioner, appeals a final order from the Circuit Court of Raleigh County...

Res Judicata in Successive Habeas Corpus Petitions: Analysis of Thomas B. v. Frame

Date: Jan 15, 2025

Res Judicata in Successive Habeas Corpus Petitions: Analysis of Thomas B. v. Frame Introduction The case of Thomas B. v. Frame serves as a pivotal examination of the application of res judicata in...

West Virginia Supreme Court Upholds Rape Shield Protections and Affirmation of Victim Testimony in Sexual Assault Convictions

Date: Jan 15, 2025

West Virginia Supreme Court Upholds Rape Shield Protections and Affirmation of Victim Testimony in Sexual Assault Convictions Introduction In the case of State of West Virginia v. Richard D., the...

West Virginia Supreme Court Reinforces Gatekeeping Role under Rule 702 in Child Abuse Adjudications

Date: Dec 18, 2024

West Virginia Supreme Court Reinforces Gatekeeping Role under Rule 702 in Child Abuse Adjudications Introduction The case of In re D.S., L.J., and K.J. heard by the State of West Virginia Supreme...

West Virginia Supreme Court Establishes Clear Duties for Oil and Gas Producers Under the Marketable-Product Rule

Date: Dec 9, 2024

West Virginia Supreme Court Establishes Clear Duties for Oil and Gas Producers Under the Marketable-Product Rule Introduction The case of Jacklin Romeo, Susan S. Rine, and Debra Snyder Miller v....

Clarifying the Admission of Rule 404(b) Evidence: Insights from State v. Walker

Date: Dec 9, 2024

Clarifying the Admission of Rule 404(b) Evidence: Insights from State v. Walker Introduction In the landmark case of State v. Walker, decided on December 6, 2024, the West Virginia Supreme Court of...

Affirmation of Jury Impartiality Standards in State v. Utt

Date: Nov 27, 2024

Affirmation of Jury Impartiality Standards in State of West Virginia v. Randall Lewis Utt Introduction In the landmark case of State of West Virginia v. Randall Lewis Utt (22-0096), the West Virginia...

West Virginia Supreme Court Affirms Denial of Rule 35 Relief in State v. Ellison

Date: Nov 27, 2024

West Virginia Supreme Court Affirms Denial of Rule 35 Relief in State v. Ellison Introduction The case of State of West Virginia v. Samuel Ellison presents a significant examination of the...

The Gaskins Decision: Reevaluation of Habeas Corpus Procedures in Recidivist Sentencing

Date: Nov 27, 2024

The Gaskins Decision: Reevaluation of Habeas Corpus Procedures in Recidivist Sentencing Introduction In the case of Olin Matice Gaskins v. Jonathan Frame, Superintendent, Mount Olive Correctional...

Affirming the Standards for Guilty Plea Validity and Effective Counsel in Moore v. Frame

Date: Nov 27, 2024

Affirming the Standards for Guilty Plea Validity and Effective Counsel in Moore v. Frame Introduction In the landmark case of DeAndre Moore v. Jonathan Frame, the West Virginia Supreme Court of...

West Virginia Supreme Court Establishes New Burden of Proof for Apportionment in Workers' Compensation Cases: Barker v. Rescare

Date: Nov 27, 2024

West Virginia Supreme Court Establishes New Burden of Proof for Apportionment in Workers' Compensation Cases: Barker v. Rescare Introduction In the landmark case Jerrald Barker v. Rescare, the West...

Affirmation of Family Court Discretion in Custody Modifications: Rimdaugas K. v. Gerda K.

Date: Nov 27, 2024

Affirmation of Family Court Discretion in Custody Modifications: Rimdaugas K. v. Gerda K. Introduction The case of Rimdaugas K. v. Gerda K. presents a significant examination of family court...

Establishing Standards for Termination of Parental Rights Amid Incarceration: In re N.W.-1 and N.W.-2

Date: Nov 27, 2024

Establishing Standards for Termination of Parental Rights Amid Incarceration: In re N.W.-1 and N.W.-2 Introduction The case of In re N.W.-1 and N.W.-2 addresses the critical issue of terminating...

Finality in Habeas Corpus Proceedings: Insights from Cecil v. Frame

Date: Nov 27, 2024

Finality in Habeas Corpus Proceedings: Insights from Cecil v. Frame Introduction Cecil v. Frame is a seminal judgment delivered by the Supreme Court of Appeals of West Virginia on November 26, 2024....

West Virginia Supreme Court Upholds Indictment Sufficiency and Evidence Admissibility in Child Sexual Assault Case

Date: Nov 27, 2024

West Virginia Supreme Court Upholds Indictment Sufficiency and Evidence Admissibility in Child Sexual Assault Case Introduction In the landmark case of State of West Virginia, Plaintiff Below,...

Affirmation of Circuit Court's Authority on Court Cost Repayment Obligations

Date: Nov 27, 2024

Affirmation of Circuit Court's Authority on Court Cost Repayment Obligations Introduction In the case State of West Virginia v. Duane Leroy Eckard, the West Virginia Supreme Court of Appeals...

Shift in Apportionment Burden in Workers' Compensation: Nelson v. Alpha Metallurgical Resources

Date: Nov 27, 2024

Shift in Apportionment Burden in Workers' Compensation: Nelson v. Alpha Metallurgical Resources Introduction In the case of Alpha Metallurgical Resources, Inc. v. Charles E. Nelson, the State of West...

Affirmation of Denial for Home Incarceration in First-Degree Sexual Assault Sentencing

Date: Nov 27, 2024

Affirmation of Denial for Home Incarceration in First-Degree Sexual Assault Sentencing Introduction In the landmark case State of West Virginia, Plaintiff Below, Respondent v. Joshua Blair Pugh,...

Supreme Court Affirms WVSSAC’s Authority Over School Activities Classification

Date: Nov 26, 2024

Supreme Court Affirms WVSSAC’s Authority Over School Activities Classification Introduction In the landmark case of State of West Virginia ex rel. West Virginia Secondary School Activities Commission...