West Virginia Case Commentaries

Strict Enforcement of the Fifteen-of-Twenty-Two-Month Foster Care Cap Absent Clear and Convincing Compelling Circumstances: In re B.S. (W. Va. 2025)

Date: Oct 1, 2025

Strict Enforcement of the Fifteen-of-Twenty-Two-Month Foster Care Cap Absent Clear and Convincing Compelling Circumstances: In re B.S. (W. Va. 2025) Introduction In In re B.S., No. 24-732 (W. Va....

Reaffirming the Rule 8 Presumption and Evidentiary Limits in Abuse–Neglect Adjudications: No Due Process Right to Confront Child Victims; Rape Shield and Discovery Constraints Clarified

Date: Oct 1, 2025

Reaffirming the Rule 8 Presumption and Evidentiary Limits in Abuse–Neglect Adjudications: No Due Process Right to Confront Child Victims; Rape Shield and Discovery Constraints Clarified Introduction...

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025)

Date: Oct 1, 2025

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025) Introduction In a...

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation — In re G.J. (W. Va. 2025)

Date: Oct 1, 2025

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation Introduction This...

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re G.A.)

Date: Oct 1, 2025

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re...

In re B.N.: Continued-Association Visitation May Be Ordered Without a Grandparent Visitation Act Motion; Non‑Intervenor Grandparents Cannot Challenge Reunification

Date: Oct 1, 2025

In re B.N.: Continued-Association Visitation May Be Ordered Without a Grandparent Visitation Act Motion; Non‑Intervenor Grandparents Cannot Challenge Reunification Introduction In In re B.N., No....

Actual Notice Can Cure Rule 10 Witness-Disclosure Defects; Harmless Error Supports Termination in Abuse-and-Neglect Dispositions—Commentary on In re T.F., F.F., and C.F.

Date: Oct 1, 2025

Actual Notice Can Cure Rule 10 Witness-Disclosure Defects; Harmless Error Supports Termination in Abuse-and-Neglect Dispositions—In re T.F., F.F., and C.F. Introduction In a memorandum decision...

Rapid Recidivism After Case Dismissal as Evidence of “No Reasonable Likelihood” — Denial of Improvement Period and Termination Without Less Restrictive Alternatives (In re R.D., P.D., and L.M.)

Date: Oct 1, 2025

Rapid Recidivism After Case Dismissal as Evidence of “No Reasonable Likelihood” — Denial of Improvement Period and Termination Without Less Restrictive Alternatives Commentary on In re R.D., P.D.,...

Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e)

Date: Sep 25, 2025

Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...

Credibility Over Formality: Verbal Light‑Duty Offers Do Not Automatically Terminate TTD; Deference to the Board of Review Controls under § 23‑4‑7a(e)

Date: Sep 24, 2025

Credibility Over Formality: Verbal Light‑Duty Offers Do Not Automatically Terminate TTD; Deference to the Board of Review Controls under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...

State v. Rue: No plain‑error relief for felony‑murder instructional complaint under a general first-degree murder verdict; reaffirmation of trial courts’ discretion to give initial‑aggressor self‑defense instructions

Date: Sep 17, 2025

State v. Rue: No plain‑error relief for felony‑murder instructional complaint under a general first-degree murder verdict; reaffirmation of trial courts’ discretion to give initial‑aggressor...

Roberts Reaffirms Objective Pretext Doctrine and Recorded-Consent Vehicle Searches in West Virginia

Date: Sep 17, 2025

Roberts Reaffirms Objective Pretext Doctrine and Recorded-Consent Vehicle Searches in West Virginia Introduction In State of West Virginia v. Steven Verrell Roberts, No. 23-422 (W. Va. Sept. 16,...

State v. Austin: Voluntary Intoxication and Diminished Capacity Limits, Narrow “Opening the Door,” and What Counts as an Overt Act for Attempted First-Degree Murder

Date: Sep 17, 2025

State v. Austin: Voluntary Intoxication and Diminished Capacity Limits, Narrow “Opening the Door,” and What Counts as an Overt Act for Attempted First-Degree Murder Introduction In State of West...

No “Child’s-Choice” Visitation Without Findings and a Plan: In re H.C. Reinforces Child-Centered Continued-Association Standards in Guardianship Cases

Date: Sep 17, 2025

No “Child’s-Choice” Visitation Without Findings and a Plan: In re H.C. Reinforces Child-Centered Continued-Association Standards in Guardianship Cases Introduction In a memorandum decision issued...

Counsel’s Verification Suffices to Satisfy Rule 32(c)(3)(A); Unraised PSI Objections Are Waived — State v. Layton

Date: Sep 11, 2025

Counsel’s Verification Suffices to Satisfy Rule 32(c)(3)(A); Unraised PSI Objections Are Waived — State v. Layton Introduction In State of West Virginia v. Thomas Layton, No. 24-685 (Sept. 10, 2025),...

Requesting FMLA Paperwork Is Not Protected Activity: West Virginia Supreme Court clarifies Harless retaliation and reinforces WVHRA prima facie and pretext standards

Date: Sep 11, 2025

Requesting FMLA Paperwork Is Not Protected Activity: West Virginia Supreme Court clarifies Harless retaliation and reinforces WVHRA prima facie and pretext standards Introduction In Cindy Linger-Long...

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review

Date: Sep 11, 2025

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review Court: Supreme Court of Appeals of...

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery Introduction In State of West Virginia v. Joey Keith Jeffery, No. 23-538 (Kanawha...

No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect

Date: Sep 11, 2025

No Improvement Without Acknowledgment: West Virginia Affirms Denial of Improvement Period and Child-Specific Dispositions in Domestic-Violence-Based Abuse and Neglect Case: In re T.B., T.D., J.C.-1,...

“Good Cause” Means More Than Docket Delay; Written Motion Required for Improvement Periods: Commentary on In re J.S.-1 and J.S.-2 (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

“Good Cause” Means More Than Docket Delay; Written Motion Required for Improvement Periods: Commentary on In re J.S.-1 and J.S.-2 (W. Va. Sept. 10, 2025) Introduction In re J.S.-1 and J.S.-2 is a...

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