West Virginia Case Commentaries

Denial of Improvement Periods Where Parents “Go Through the Motions” Without Accepting Responsibility: Commentary on In re T.G., J.R., and R.G.

Date: Nov 5, 2025

Denial of Improvement Periods Where Parents “Go Through the Motions” Without Accepting Responsibility: Commentary on In re T.G., J.R., and R.G. I. Introduction This memorandum decision of the Supreme...

Hair Follicle Drug Testing, Improvement Period Compliance, and Termination of Parental Rights in West Virginia: Commentary on In re S.D.-1 and S.D.-2

Date: Nov 5, 2025

Hair Follicle Drug Testing, Improvement Period Compliance, and Termination of Parental Rights in West Virginia: Commentary on In re S.D.-1 and S.D.-2 I. Introduction The memorandum decision of the...

Noncompliance with Improvement Period and Visitation as Evidence of No Reasonable Likelihood of Correction: Commentary on In re J.B. and A.B.

Date: Nov 5, 2025

Noncompliance with Improvement Period and Visitation as Evidence of No Reasonable Likelihood of Correction: Commentary on In re J.B. and A.B. I. Introduction The Supreme Court of Appeals of West...

In re Z.S.: Termination of Parental Rights and Denial of Post-Termination Visitation for Noncompliance and Lack of Emotional Bond

Date: Nov 5, 2025

In re Z.S.: Termination of Parental Rights and Denial of Post-Termination Visitation for Noncompliance and Lack of Emotional Bond I. Introduction The memorandum decision in In re Z.S., No. 24-655 (W....

Calculating Post‑Revocation Supervised Release Under W. Va. Code § 62‑12‑26(j): Commentary on State v. Brautigam

Date: Nov 5, 2025

Calculating Post‑Revocation Supervised Release Under W. Va. Code § 62‑12‑26(j): Commentary on State v. Brautigam I. Introduction The Supreme Court of Appeals of West Virginia’s decision in State of...

Reaffirming Strict Standards for Improvement Periods and Termination Despite a Fit Co‑Parent: Commentary on In re B.B. (W. Va. 2025)

Date: Nov 5, 2025

Reaffirming Strict Standards for Improvement Periods and Termination Despite a Fit Co‑Parent: Commentary on In re B.B. (W. Va. 2025) I. Introduction The Supreme Court of Appeals of West Virginia’s...

Failure to File a Family Case Plan as Non‑Structural Error and the Centrality of Parental Acknowledgment in Abuse‑and‑Neglect Dispositions: Commentary on In re K.F., W.W., and P.W.

Date: Nov 5, 2025

Failure to File a Family Case Plan as Non‑Structural Error and the Centrality of Parental Acknowledgment in Abuse‑and‑Neglect Dispositions: Commentary on In re K.F., W.W., and P.W. I. Introduction...

In re K.B.: Noncustodial Parent’s Prolonged Non‑Contact and Non‑Support as Neglect under West Virginia Law

Date: Nov 5, 2025

In re K.B.: Noncustodial Parent’s Prolonged Non‑Contact and Non‑Support as Neglect under West Virginia Law I. Introduction In In re K.B., No. 24-627 (Nov. 4, 2025), the Supreme Court of Appeals of...

Specific Findings and Statutorily Adequate Pleadings in West Virginia Child Abuse and Neglect Cases: Commentary on In re L.G., A.G.-1, M.G., and N.G.

Date: Nov 5, 2025

Specific Findings and Statutorily Adequate Pleadings in West Virginia Child Abuse and Neglect Cases: Commentary on In re L.G., A.G.-1, M.G., and N.G. I. Introduction The Supreme Court of Appeals of...

Absconding Is Not a Waiver of the Presentence Investigation: West Virginia Clarifies Rule 32’s Conjunctive Requirements in State v. DePriest

Date: Oct 30, 2025

Absconding Is Not a Waiver of the Presentence Investigation: West Virginia Clarifies Rule 32’s Conjunctive Requirements in State v. DePriest Court: Supreme Court of Appeals of West Virginia Date:...

Absconding Does Not Waive the Right to a Presentence Investigation: The Conjunctive Rule 32(b)(1) Mandate in State v. DePriest

Date: Oct 30, 2025

Absconding Does Not Waive the Right to a Presentence Investigation: The Conjunctive Rule 32(b)(1) Mandate in State v. DePriest Introduction In State of West Virginia v. James Carroll DePriest, the...

Supreme Court of Appeals of West Virginia Affirms De Novo Authority Over Stipulated Violations and Clarifies Which Judicial Conduct Rules Apply to Appointive Candidates

Date: Oct 30, 2025

Supreme Court of Appeals of West Virginia Affirms De Novo Authority Over Stipulated Violations and Clarifies Which Judicial Conduct Rules Apply to Appointive Candidates Introduction In In the Matter...

Search-Incident-to-Arrest Valid Despite CAD Timestamp Discrepancy; Suspect-Assisted Retrieval of Concealed Contraband Is Non‑Testimonial

Date: Oct 30, 2025

Search-Incident-to-Arrest Valid Despite CAD Timestamp Discrepancy; Suspect-Assisted Retrieval of Concealed Contraband Is Non‑Testimonial Introduction In State of West Virginia v. Roderick Levi Howard...

De Novo Means De Novo: West Virginia High Court Refuses to Be Bound by Disciplinary Stipulations and Clarifies Status-Specific Reach of Judicial Conduct Rules in In re Boso

Date: Oct 30, 2025

De Novo Means De Novo: West Virginia High Court Refuses to Be Bound by Disciplinary Stipulations and Clarifies Status-Specific Reach of Judicial Conduct Rules in In re Boso Introduction In a...

Deference on Arrest Timing: Officer Testimony May Outweigh CAD Timestamps to Uphold a Search Incident to Arrest

Date: Oct 30, 2025

Deference on Arrest Timing: Officer Testimony May Outweigh CAD Timestamps to Uphold a Search Incident to Arrest Introduction In State of West Virginia v. Roderick Levi Howard (No. 24-88), the Supreme...

Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction

Date: Oct 22, 2025

Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction Introduction In State of West Virginia v. Timothy W. (No. 23-518),...

Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct

Date: Oct 22, 2025

Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct Introduction In Susan Casdorph v. City of...

Ordinance Amendments Moot Broad Challenges; Extraordinary Writs Cannot Compel Discretionary Municipal Permit Decisions Absent Arbitrary Action — Commentary on Susan Casdorph v. City of South Charleston

Date: Oct 22, 2025

Ordinance Amendments Moot Broad Challenges; Extraordinary Writs Cannot Compel Discretionary Municipal Permit Decisions Absent Arbitrary Action Comprehensive Commentary on Susan Casdorph v. City of...

Speculative Sleep Is Not “Reasonable Evidence”: West Virginia Limits Unconsciousness (Automatism) Jury Instructions to Proof Tied to the Moment of the Offense

Date: Oct 22, 2025

Speculative Sleep Is Not “Reasonable Evidence”: West Virginia Limits Unconsciousness (Automatism) Jury Instructions to Proof Tied to the Moment of the Offense Introduction This commentary analyzes...

Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody

Date: Oct 16, 2025

Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody Case: In re K.M. and L.M., No. 24-679 (W. Va. Oct. 14, 2025) — Supreme Court of Appeals of West...

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