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  • Commentaries
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West Virginia Case Commentaries

Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified

Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified

Date: May 2, 2025
Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified Introduction In State of West Virginia v. Aron Freeland, the Supreme Court of Appeals of West Virginia...
Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal

Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal

Date: May 2, 2025
Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal Introduction State of West Virginia v. Aron Freeland arose from Monongalia County Circuit Court proceedings in...
Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers

Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers

Date: May 2, 2025
Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers Introduction Robert Clark and a group of current and retired Natural Resources Police...
Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c)

Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c)

Date: Apr 30, 2025
Expanded Underinsured Motorist Coverage for Permissive Users under WV Code § 33-6-31(c) Introduction Erie Insurance Property & Casualty Company v. James Skylar Cooper presents a significant dispute...
Commercial Auto Policies: No Mandatory UIM Offer for Non-Owned Vehicles Under WV Code § 33-6-31

Commercial Auto Policies: No Mandatory UIM Offer for Non-Owned Vehicles Under WV Code § 33-6-31

Date: Apr 30, 2025
Commercial Auto Policies: No Mandatory UIM Offer for Non-Owned Vehicles Under WV Code § 33-6-31 Introduction In Erie Insurance Property & Casualty Co. v. Cooper, 2025 WL ___ (W. Va. Apr. 29, 2025),...
Qualified Psychiatrist Requirement and Evidentiary Compliance in Psychological Workers’ Compensation Claims

Qualified Psychiatrist Requirement and Evidentiary Compliance in Psychological Workers’ Compensation Claims

Date: Apr 26, 2025
Qualified Psychiatrist Requirement and Evidentiary Compliance in Psychological Workers’ Compensation Claims Introduction E.B. v. Alliance Coal, LLC is a 2025 decision of the Supreme Court of Appeals...
Remand for Qualified Psychiatric Evidence under Rule 21(d) in Workers’ Compensation Claims

Remand for Qualified Psychiatric Evidence under Rule 21(d) in Workers’ Compensation Claims

Date: Apr 26, 2025
Remand for Qualified Psychiatric Evidence under Rule 21(d) in Workers’ Compensation Claims Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s decision in E.B. v....
Exclusivity of Statutory Tax‐Deed Remedies Under WV Code §11A-3-60

Exclusivity of Statutory Tax‐Deed Remedies Under WV Code §11A-3-60

Date: Apr 26, 2025
Exclusivity of Statutory Tax‐Deed Remedies Under WV Code §11A-3-60 Introduction Jay Folse v. G. Russell Rollyson and Mark A. Hunt, decided April 25, 2025 by the Supreme Court of Appeals of West...
Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections

Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections

Date: Apr 23, 2025
Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections Introduction The Supreme Court of Appeals of West Virginia in State of West...
Affirmation of Res Judicata in Successive Habeas Corpus Petitions

Affirmation of Res Judicata in Successive Habeas Corpus Petitions

Date: Apr 23, 2025
Affirmation of Res Judicata in Successive Habeas Corpus Petitions Introduction In Michael Dewayne Hicks v. Donald Ames, Superintendent, the Supreme Court of Appeals of West Virginia addressed the...
Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel

Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel

Date: Apr 23, 2025
Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel Introduction This commentary examines the Supreme Court of...
Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions

Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions

Date: Apr 23, 2025
Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s...
Temporary Physical Custodianship and the Inference of Sexual Gratification under WV Sexual Abuse Statutes

Temporary Physical Custodianship and the Inference of Sexual Gratification under WV Sexual Abuse Statutes

Date: Apr 23, 2025
Temporary Physical Custodianship and the Inference of Sexual Gratification under West Virginia Sexual Abuse Statutes Introduction The Supreme Court of Appeals of West Virginia’s decision in State of...
Rule of Lenity and Statutory Ambiguity in Pretrial Home Incarceration under the Escape Statute

Rule of Lenity and Statutory Ambiguity in Pretrial Home Incarceration under the Escape Statute

Date: Apr 22, 2025
Rule of Lenity and Statutory Ambiguity in Pretrial Home Incarceration under the Escape Statute Introduction In State of West Virginia v. Corbett Maurice Carter (No. 23-277, decided April 21, 2025),...
Permissible Combination of Multi-Specialty Impairment Ratings for Whole Person Impairment Determination

Permissible Combination of Multi-Specialty Impairment Ratings for Whole Person Impairment Determination

Date: Apr 17, 2025
Permissible Combination of Multi-Specialty Impairment Ratings for Whole Person Impairment Determination Introduction Arch Coal, Inc. v. Howard, 2025 WL ______ (W. Va. Apr. 16, 2025), represents a...
Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation

Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation

Date: Apr 16, 2025
Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation Introduction In Roger Weese v. Harry Green Chevrolet, Inc., 2025 WL ____...
In re L.P.: Enforcing the Mandatory Case Plan Requirement in Parental Rights Termination

In re L.P.: Enforcing the Mandatory Case Plan Requirement in Parental Rights Termination

Date: Mar 26, 2025
In re L.P.: Enforcing the Mandatory Case Plan Requirement in Parental Rights Termination Introduction In the Supreme Court of Appeals of West Virginia decision In re L.P. (No. 24-74, March 25, 2025),...
In re B.E., E.W., R.S., and O.S.: Unsupervised Contact with Registered Sex Offenders as Child Neglect and the Child-Specific Findings Requirement

In re B.E., E.W., R.S., and O.S.: Unsupervised Contact with Registered Sex Offenders as Child Neglect and the Child-Specific Findings Requirement

Date: Mar 26, 2025
In re B.E., E.W., R.S., and O.S.: Unsupervised Contact with Registered Sex Offenders as Child Neglect and the Child-Specific Findings Requirement Introduction This memorandum decision from the...
Vacatur Required Under WV Appellate Rule 21(d) for Absence of Parent-Specific Case Plan

Vacatur Required Under WV Appellate Rule 21(d) for Absence of Parent-Specific Case Plan

Date: Mar 26, 2025
Vacatur Required Under WV Appellate Rule 21(d) for Absence of Parent-Specific Case Plan Introduction This commentary examines In re L.P., No. 24-74 (W. Va. Mar. 25, 2025), in which the Supreme Court...
Permitting Unsupervised Contact with a Registered Sex Offender as Neglect: Clear-and-Convincing Evidence and Specific Findings Requirement

Permitting Unsupervised Contact with a Registered Sex Offender as Neglect: Clear-and-Convincing Evidence and Specific Findings Requirement

Date: Mar 26, 2025
Permitting Unsupervised Contact with a Registered Sex Offender as Neglect: Clear-and-Convincing Evidence and Specific Findings Requirement Introduction In re B.E., E.W., R.S., and O.S. (No. 23-540)...
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