Extraordinary Writs from Interlocutory Criminal Orders Require a Gaughan Findings Order; the State Must Show “Flagrant” Prejudice to Prosecute Case: State of West Virginia ex rel. State of West...
Pre-Admission MAT Assessment Establishes an MPLA Patient Relationship—and a Duty of Non‑Negligent Screening—Even When Admission Is Denied 1. Introduction Case: Nicholas A. Ghaphery, D.O. as Personal...
West Virginia’s Two-Term Rule: Triggered by Arrest-and-Jailing, Excluding the Arrest Term, and Requiring Immediate Pre-Indictment Release Introduction In State of West Virginia ex rel. Sonté C....
Equitable Tolling Applies to West Virginia Code § 21A-6-3(1)’s 30-Day Physician-Certification Deadline for Medical Quits (Non-Jurisdictional Deadline) Introduction In Christina Gaddy v. WorkForce...
Strict Elements Control: Misdemeanor “Cruel Mistreatment” Is Not a Lesser Included Offense of Felony “Malicious Killing” Under W. Va. Code § 61-8-19 1. Introduction In State of West Virginia v....
Rule 32(e) Plea-Withdrawal Framework: Totality-of-Circumstances Factors and No “Binding Plea” Bar 1. Introduction In State of West Virginia v. Richard William Page (W. Va. May 18, 2026), the Supreme...
Unaccepted Guilty Pleas Are Freely Withdrawable: Rule 32(e) Applies Only After Judicial Acceptance (Justice Trump, concurring in part and dissenting in part) 1. Introduction In State of West Virginia...
In re K.S. (W. Va. 2026): A Clarified Three-Tier Appellate Standard of Review for Abuse-and-Neglect Orders Court: Supreme Court of Appeals of West Virginia Date: May 15, 2026 Disposition: Vacated and...
No Per Se Reversal for Missing Bench-Conference Transcripts: Specific-Prejudice Requirement Reaffirmed Case: State of West Virginia v. Carl Ray Summerfield Court: Supreme Court of Appeals of West...
Written Voluntary Relinquishment as Binding Judicial Admission of Permanence Absent Proof of Fraud or Duress Introduction In re A.A., G.C., K.C.-1, K.C.-2, and P.C. (Supreme Court of Appeals of West...
Strict Rule 35 Colloquy as a Due-Process Prerequisite to Valid Parental Relinquishment in Abuse-and-Neglect Cases Introduction This commentary addresses Justice Titus’s dissent (joined by Chief...
Independent, Case-Specific “Reasonable Efforts” Findings Are Mandatory—Boilerplate Orders Cannot Support Termination Case: In re K.S. (Justice Ewing, concurring) | Court: Supreme Court of West...
Foster Parents Must Timely Appeal Denial of Intervention; Non‑Intervenors Lack Standing to Challenge Permanency in Abuse-and-Neglect Cases Introduction In re O.D., No. 24-712 (Mason County...
Differential Dispositions for Sibling Groups: Age/Vulnerability and Treatment History Justify Denial of an Improvement Period and Termination 1. Introduction Case: In re L.H., D.H., S.H.-1, and M.H.,...
Interlocutory Review Requires an Express (or Effectively Deferred) Immunity Ruling; Untimely/Successive Rule 12 Motions Do Not Create Appellate Jurisdiction 1. Introduction In Logan County Board of...
Post-Verdict Hearing Must Permit Juror Testimony on Alleged False Voir Dire Answers; Rule 606(b) Does Not Bar Bias Inquiry Case: State of West Virginia v. Tina Marie Frymyer Court: Supreme Court of...
Reasonable Diligence in Voir Dire as a Prerequisite to Post-Verdict Juror Examination Introduction In State of West Virginia v. Tina Frymyer, No. 23-513 (W. Va. May 15, 2026), Justice Trump (joined...
Due Process Hearing Rights and Statutory Findings Required in Parenting Plan Modifications Under W. Va. Code § 48-9-401 Introduction In In re H.L. (No. 25-345, W. Va. Sup. Ct. App. May 6, 2026),...
Compliance Is Not Correction: Minimization of Intra-Sibling Sexual Abuse and Unsafe Adult Associations Justify Termination of Custodial Rights 1. Introduction In re E.L., T.D., and W.D. is a Supreme...
Imminent Danger Is Not a Filing Prerequisite: Abuse-and-Neglect Petitions Cannot Be Dismissed at Preliminary Hearing Solely Because Children Were Temporarily Out of the Home 1. Introduction Case: In...