West Virginia Case Commentaries

Establishing Parental Accountability in Abuse and Neglect Cases: Insights from In Re A.M. and N.M.

Date: Nov 6, 2020

Establishing Parental Accountability in Abuse and Neglect Cases: Insights from In Re A.M. and N.M. Introduction The case of In Re A.M. and N.M., decided by the Supreme Court of Appeals of West...

West Virginia's Jurisdictional Mandate in Minor Guardianship Cases: Insights from M.H. v. C.H. and B.H.

Date: Nov 21, 2019

West Virginia's Jurisdictional Mandate in Minor Guardianship Cases: Insights from M.H. v. C.H. and B.H. Introduction In the case of M.H., Petitioner v. C.H. and B.H., Respondents (835 S.E.2d 171),...

Affirmation of First-Degree Robbery Conviction: Proper Application of Rule 404(b) and Limits on Mistrial in West Virginia Supreme Court

Date: Nov 9, 2019

Affirmation of First-Degree Robbery Conviction: Proper Application of Rule 404(b) and Limits on Mistrial in West Virginia Supreme Court Introduction In the case of State of West Virginia v. Michael...

Qualified Immunity and Procedural Due Process: Insights from Dawson v. West Virginia DNR

Date: Jun 4, 2019

Qualified Immunity and Procedural Due Process: Insights from Dawson v. West Virginia DNR Introduction In the landmark case of Dawson v. West Virginia Division of Natural Resources (DNR), the Supreme...

Right to Direct Appeal in Managed Timberland Certification: West Virginia Supreme Court Upholds Due Process in Penn Virginia v. Yokum

Date: Mar 20, 2019

Right to Direct Appeal in Managed Timberland Certification: West Virginia Supreme Court Upholds Due Process in Penn Virginia v. Yokum Introduction The case of Penn Virginia Operating Co., LLC v....

Adjudicatory Proceedings in Child Welfare Cases Posthumous Death: Insights from In Re I.M.K.

Date: Jun 5, 2018

Adjudicatory Proceedings in Child Welfare Cases Posthumous Death: Insights from In Re I.M.K. Introduction The case of In Re I.M.K. (No. 17-0989), adjudicated by the Supreme Court of Appeals of West...

Supreme Court of Appeals of West Virginia Establishes Jurisdictional Precedent in Guardianship Cases Involving Abuse and Neglect

Date: May 11, 2018

Supreme Court of Appeals of West Virginia Establishes Jurisdictional Precedent in Guardianship Cases Involving Abuse and Neglect Introduction The case of In re Guardianship of K.W., M.W., and A.W....

Affirmation of Parental Rights Termination Without Improvement Period: In re H.C., West Virginia Supreme Court of Appeals

Date: Feb 24, 2018

Affirmation of Parental Rights Termination Without Improvement Period: In re H.C., West Virginia Supreme Court of Appeals Introduction The case of In re H.C. addresses the critical issue of parental...

Balancing Grandparent Preference and Child's Best Interests: A Comprehensive Analysis of In Re K.E. & K.E.

Date: Feb 21, 2018

Balancing Grandparent Preference and Child's Best Interests: A Comprehensive Analysis of In Re K.E. & K.E. Introduction In Re K.E. & K.E. (809 S.E.2d 531) is a landmark case adjudicated by the...

Qualified Immunity Affirmed for Child Protective Services in West Virginia

Date: Feb 1, 2018

Qualified Immunity Affirmed for Child Protective Services in West Virginia Introduction The case of Bill J. Crouch v. Eric Gillispie (809 S.E.2d 699) adjudicated by the Supreme Court of Appeals of...

Mulugeta v. Misailidis: Reversal of Spousal Support Award Due to Abuse of Discretion

Date: Jun 14, 2017

Mulugeta v. Misailidis: Reversal of Spousal Support Award Due to Abuse of Discretion Introduction Mulugeta v. Misailidis (801 S.E.2d 282, 2017) is a landmark case adjudicated by the Supreme Court of...

West Virginia Supreme Court Rules Pooling of NPRI Interests in Oil and Gas Leases Does Not Create Joint Ownership

Date: Jun 1, 2017

West Virginia Supreme Court Rules Pooling of NPRI Interests in Oil and Gas Leases Does Not Create Joint Ownership Introduction The case of Gastar Exploration, Inc. v. Joyce Contraguerro, et al. (800...

Interpretation of Royalty Deductions under W. Va. Code § 22-6-8(e): Insights from Patrick D. Leggett v. EQT

Date: May 31, 2017

Interpretation of Royalty Deductions under W. Va. Code § 22-6-8(e): Insights from Patrick D. Leggett v. EQT Introduction In the case of Patrick D. Leggett, et al. v. EQT (800 S.E.2d 850), decided on...

NFPA 921 Standards Do Not Constitute Newly Discovered Evidence: Anstey v. Da

Date: Jun 3, 2016

NFPA 921 Standards Do Not Constitute Newly Discovered Evidence: Anstey v. Da 1. Introduction In State v. Samuel Anstey (787 S.E.2d 864), the Supreme Court of Appeals of West Virginia addressed the...

STATE v. DUNN: Affirmation Upheld on Continuance Denial, Testimony Exclusion, and Jury Instructions

Date: Apr 14, 2016

STATE v. DUNN: Affirmation Upheld on Continuance Denial, Testimony Exclusion, and Jury Instructions Introduction In STATE of West Virginia v. Donald Dunn, 786 S.E.2d 174 (West Virginia Supreme Court...

Establishing Abuse Through Clear and Convincing Evidence: Comprehensive Commentary on In re C.M., D.M., and E.M.

Date: Feb 12, 2016

Establishing Abuse Through Clear and Convincing Evidence: Comprehensive Commentary on In re C.M., D.M., and E.M. Introduction In re C.M., D.M., and E.M. (782 S.E.2d 763) is a pivotal decision by the...

Termination of Custodial Rights Upholding Child Welfare Standards in In re: M.W., A.T., & J.T. III

Date: Nov 24, 2015

Termination of Custodial Rights Upholding Child Welfare Standards in In re: M.W., A.T., & J.T. III Introduction The case of In re: M.W., A.T., & J.T. III adjudicated by the Supreme Court of Appeals...

Admissibility of Rule 404(b) Evidence in Felony Murder Convictions: Insights from State v. White

Date: Nov 21, 2015

Admissibility of Rule 404(b) Evidence in Felony Murder Convictions: Insights from State of West Virginia v. White Introduction The case of State of West Virginia v. Thomas M. White, Jr. serves as a...

Affirmation of Denied Qualified Immunity in Deputy Maston v. Wagner

Date: Nov 11, 2015

Affirmation of Denied Qualified Immunity in Deputy Maston v. Wagner Introduction The case of Deputy J.K. Maston, Tyler County Sheriff's Department, Trooper S. Curran, and West Virginia State Police...

Prioritizing Child's Best Interests and Permanency in Guardianship Cases: Insights from In re S.W.

Date: Nov 6, 2015

Prioritizing Child's Best Interests and Permanency in Guardianship Cases: Insights from In re S.W. Introduction The case of In re S.W., adjudicated by the Supreme Court of Appeals of West Virginia in...