West Virginia Case Commentaries

Supreme Court of Appeals Upholds Termination of Parental Rights in Persistent Abuse Case

Date: Nov 5, 2015

Supreme Court of Appeals Upholds Termination of Parental Rights in Persistent Abuse Case Introduction The case In re M.M., B.M., C.Z., and C.S. (236 W. Va. 108) adjudicated by the Supreme Court of...

Termination of Parental Rights in Cases Involving Sexual Offenses: Analysis of In Re: N.U.

Date: Oct 21, 2015

Termination of Parental Rights in Cases Involving Sexual Offenses: Analysis of In Re: N.U. Introduction The case of In Re: N.U. adjudicated by the Supreme Court of Appeals of West Virginia on October...

Silence as Affirmative Evidence in Child Abuse Proceedings: Reversal in In re K.P., I.C., G.C., and I.C.

Date: May 16, 2015

Silence as Affirmative Evidence in Child Abuse Proceedings: Reversal in In re K.P., I.C., G.C., and I.C. Introduction In the case of In re K.P., I.C., G.C., and I.C. (235 W. Va. 221), decided on May...

Recognition of Psychological Parent Status and Visitation Rights in In re K.H.

Date: Apr 11, 2015

Recognition of Psychological Parent Status and Visitation Rights in In re K.H. Introduction In re K.H. is a pivotal judgment delivered by the Supreme Court of Appeals of West Virginia on April 10,...

Recognition of Psychological Parent Rights in Custody Proceedings: Analysis of In re K.H.

Date: Apr 11, 2015

Recognition of Psychological Parent Rights in Custody Proceedings: Analysis of In re K.H. Introduction In re K.H. (No. 14–0363), adjudicated by the Supreme Court of Appeals of West Virginia on April...

Affirmation of Parental Rights Termination under Aggravated Circumstances in In Re: A.D., O.T., & L.T.

Date: Nov 25, 2014

Affirmation of Parental Rights Termination under Aggravated Circumstances in In Re: A.D., O.T., & L.T. Introduction The case of In Re: A.D., O.T., & L.T. presents a significant judicial decision by...

Clarifying Governmental Immunity and Vicarious Liability: West Virginia Regional Jail Authority v. A.B.

Date: Nov 19, 2014

Clarifying Governmental Immunity and Vicarious Liability: West Virginia Regional Jail Authority v. A.B. Introduction In the landmark case of West Virginia Regional Jail and Correctional Facility...

West Virginia Supreme Court Establishes Three-Tiered Precedent System, Discontinues Per Curiam Opinions

Date: Sep 30, 2014

West Virginia Supreme Court Establishes Three-Tiered Precedent System, Discontinues Per Curiam Opinions Introduction The case of State of West Virginia v. Marcus Patrele McKinley (234 W. Va. 143)...

Enhanced Standards for Evaluating Clear and Convincing Evidence in Child Abuse Cases: In re F.S. and Z.S.

Date: May 10, 2014

Enhanced Standards for Evaluating Clear and Convincing Evidence in Child Abuse Cases: In re F.S. and Z.S. Introduction In re F.S. and Z.S. (759 S.E.2d 769) is a pivotal decision by the Supreme Court...

West Virginia Supreme Court Expands Interpretation of 'Period of Armed Conflict' for PERS Military Service Credit

Date: Mar 29, 2014

West Virginia Supreme Court Expands Interpretation of 'Period of Armed Conflict' for PERS Military Service Credit Introduction In the case of West Virginia Consolidated Public Retirement Board v....

West Virginia Supreme Court Establishes Separate Jurisdictions for Domestic Violence and Abuse/Neglect Actions

Date: Feb 22, 2014

West Virginia Supreme Court Establishes Separate Jurisdictions for Domestic Violence and Abuse/Neglect Actions Introduction The case In re B.C. (755 S.E.2d 664) addressed crucial issues concerning...

In re B.H. and S.S.: Reinforcing the Primacy of Child's Best Interests in Custody Determinations

Date: Feb 6, 2014

In re B.H. and S.S.: Reinforcing the Primacy of Child's Best Interests in Custody Determinations Introduction The case of In re B.H. and S.S. (754 S.E.2d 743) adjudicated by the Supreme Court of...

Modification of Custody Based on Substantial Change in Circumstances: Amanda A. v. Kevin T.

Date: Nov 7, 2013

Modification of Custody Based on Substantial Change in Circumstances: Amanda A. v. Kevin T. Introduction Amanda A. v. Kevin T. is a pivotal case adjudicated by the Supreme Court of Appeals of West...

Multiplex, Inc. v. Town of Clay: New Standards for Injunction Bond Forfeiture and Attorney Fees in West Virginia

Date: Oct 5, 2013

Multiplex, Inc. v. Town of Clay: New Standards for Injunction Bond Forfeiture and Attorney Fees in West Virginia Introduction In Multiplex, Inc., a West Virginia Corporation, Art R. Poff and Pamela...

Establishing Qualified Immunity for State Health Departments: A Comprehensive Analysis of the West Virginia DHHR v. Payne Decision

Date: Jun 13, 2013

Establishing Qualified Immunity for State Health Departments: A Comprehensive Analysis of the West Virginia DHHR v. Payne Decision Introduction The case of The West Virginia Department of Health and...

Requirement of Prejudice for New Trial When Using Peremptory Strikes: West Virginia Overrules Phillips

Date: Jun 6, 2013

Requirement of Prejudice for New Trial When Using Peremptory Strikes: West Virginia Overrules Phillips Introduction The case of State of West Virginia v. Timothy Ray Sutherland (745 S.E.2d 448, 2013)...

Reinforcement of Child Welfare Prioritization and Custodial Review Standards: In re Timber M. and Reuben M.

Date: Jun 6, 2013

Reinforcement of Child Welfare Prioritization and Custodial Review Standards: In re Timber M. and Reuben M. Introduction In the case of In re Timber M. and Reuben M. (743 S.E.2d 352), the Supreme...

Affirmation of Evidentiary Standards in Murder Proceedings: Admissibility of Polygraph and Psychologist Testimony in West Virginia

Date: May 17, 2013

Affirmation of Evidentiary Standards in Murder Proceedings: Admissibility of Polygraph and Psychologist Testimony in West Virginia Introduction In the landmark case of State of West Virginia v. James...

Clarification of Income Attribution Standards in Child Support Cases: Melinda H. v. William R., II

Date: Apr 20, 2013

Clarification of Income Attribution Standards in Child Support Cases: Melinda H. v. William R., II Introduction The case of Melinda H. v. William R., II (230 W. Va. 731, 2013) adjudicated by the...

Strict Compliance for Rule 404(b) Admissibility Established in West Virginia Supreme Court's Decision in STATE v. JONATHAN B.

Date: Nov 21, 2012

Strict Compliance for Rule 404(b) Admissibility Established in West Virginia Supreme Court's Decision in STATE v. JONATHAN B. Introduction In the landmark case of STATE of West Virginia v. JONATHAN...