Termination of Guardianship Without Less Restrictive Alternatives When No Reasonable Likelihood of Correction Exists 1. Introduction Case: In re J.G. and M.A. (Supreme Court of Appeals of West...
Mandatory Ten-Day Hearing on DVPO Appeals: Circuit Courts Must Hold a Hearing Unless Affirmatively Waived Introduction In Tyler E. v. B.E. by Christina E. (W. Va. Sup. Ct. App. June 1, 2026), the...
Plain-Error Scrutiny for “Back-Door” Expert Evidence: Therapy Notes as Unfair Surprise After Expert Exclusion 1. Introduction State of West Virginia v. Brendan W. (Justice Wooton, concurring, in...
Aggravated Circumstances (Sexual Abuse) Permit Termination Without Further Services or Less Restrictive Alternatives Under W. Va. Code § 49-4-604 1. Introduction In In re V.P., V.A.-B., A.B., and...
Termination Without Less Restrictive Alternatives When a Parent’s Denial Makes Abuse and Neglect “Untreatable” Introduction In re B.E., C.E., and S.E. (Supreme Court of Appeals of West Virginia,...
Early Capacity Determinations Under In re Billy Joe M.: Termination May Proceed Without Indefinite “Intensive Long-Term Assistance” When Supportive Services Show Parenting Deficits Persist 1....
In re F.L.: Domestic Violence (Including a Single “Occurrence”) Can Support Abuse/Neglect Adjudication; Broad Trial-Court Discretion Over Relevance at Adjudication 1. Introduction Case: In re F.L.,...
In re M.A.-1: Incarceration Plus Pre-Incarceration Parenting Deficits Can Support Termination Without Less Restrictive Alternatives When Permanency Cannot Be Achieved in the Near Future Supreme Court...
Credible Child Forensic Interviews and Mandatory “No Reasonable Likelihood” Findings for Sexual Abuse Under W. Va. Code § 49-4-604(d)(5) 1. Introduction In re A.L. and B.L. is a memorandum decision...
In re P.G.: Child-Wishes Review Requires a Statutory Trigger and Preservation; DHS May Prove Disposition Through Adopted Record Evidence I. Introduction Case: In re P.G., L.B., M.P., and T.P....
In re M.M.: Uncontested Paternity Evidence and Unobjected Dispositional Reports Can Sustain Termination 1. Introduction Case: In re M.M., No. 25-341 (Wood County CC-54-2024-JA-255) Court: Supreme...
Rule 10(b) Discovery Compliance and Clear-and-Convincing Adjudication as Preconditions to Termination in West Virginia Abuse-and-Neglect Cases 1. Introduction In In re L.D. (No. 25-287), the Supreme...
Termination Cannot Stand for a Newly Added Child Without a Separate Adjudication and Child-Specific Findings Introduction In re D.B., A.B., and L.B. (W. Va. June 1, 2026) arises from a Jefferson...
Appellate Waiver in DVPO Appeals: Failure to Provide a Complete Appendix and Rule‑Compliant Briefing Requires Affirmance Case: Anthony H. v. Matthew S. Court: Supreme Court of Appeals of West...
Rule 35(b) Sentence-Reduction Motions: No Hearing Required When the Record Provides an Adequate Factual Basis Introduction In State of West Virginia v. Joseph Stephens Sr. (No. 24-222), the Supreme...
“Medical History” in W. Va. Code § 48-22-401 Includes Behavioral and Psychological History, Defeating Qualified Immunity for Non-Discretionary Adoption Disclosures 1. Introduction In West Virginia...
Mandatory Injunction to Remove Obstructions Impairing the Natural Flow of a Watercourse Requires Rule 52 Findings and Rule 65 Specificity Case: Lisa Reilley-Koontz v. The Board of Education of the...
Indictments Must Plead the Subsection: Essential Elements Required Before a Jury May Be Instructed on an Alternate Theory of First-Degree Sexual Abuse I. Introduction In State of West Virginia v....
Victim Text Messages Admissible Under Rule 807 and Escalating Domestic-Violence Pattern Treated as Intrinsic Evidence in Homicide Trials Introduction In State of West Virginia v. Rida Shahid...
Delayed Pre‑Sentence Guilty‑Plea Withdrawal Requires a Strong “Fair and Just Reason,” Especially When Grounds Were Known at the Plea 1. Introduction In State of West Virginia v. Donald Workman (W....