Failure to Acknowledge Abuse—Including Backtracking from a Stipulation—Renders a Post-Adjudicatory Improvement Period Futile and Supports Termination Without Less Restrictive Alternatives Case: In re...
Termination Without Less Restrictive Alternatives for Improvement-Period Noncompliance and Alcohol Addiction; Post-Termination Visitation Requires an Affirmative Best-Interest Showing Commentary on...
Denial of Serious Mental Illness as “Untreatable” Condition Justifying Termination Without Less Restrictive Alternatives (In re A.P.) 1. Introduction In re A.P. (No. 25-798) is a memorandum decision...
Denial of a Post-Adjudicatory Improvement Period and Termination Where a Parent Recants or Minimizes Abuse Despite a Stipulation 1. Introduction Case: In re C.K., F.K., H.K., D.K., E.K., G.K., and...
Non-Acknowledgment of Abuse, Refusal to Screen, and Non-Participation in Services Justify Denial of Post-Adjudicatory Improvement Period and Termination (In re W.S. and A.P.) 1. Introduction Case: In...
Repeated Failed Improvement Periods and Parental Deception Justify Denial of Further Improvement and Termination Without Less Restrictive Alternatives Case: In re G.L.-1 and A.L. (No. 25-608, Hardy...
In re B.S. (W. Va. 2026): Post-Termination Visitation Requires an Affirmative Best-Interests Finding; Detriment Forecloses Contact Despite a Bond Introduction In In re B.S., No. 25-419 (Harrison...
Termination Under W. Va. Code § 49-4-604(c)(6) May Be Affirmed Without “Magic Words” Where Findings Show No Reasonable Likelihood of Correction and Permanency Necessitates Termination 1. Introduction...
Circuit Courts Lack Jurisdiction to Compel DHS “Systemic” CPS-Operations Disclosures Absent a Justiciable Controversy or Statutory Authority Case: State of West Virginia ex rel. West Virginia...
West Virginia Severance Tax Wellhead Valuation: “Gross Proceeds” Are the Producer’s Net Settlement Receipts (Not Midstream “Product Value”), and a Later Refund Check Can Restart the 60-Day OTA Appeal...
Conditional Pleas Do Not Create Appellate Finality: West Virginia Criminal Appeals Require Sentence as the Final Judgment I. Introduction In State of West Virginia v. Richard A. Hensley Jr. (Apr. 30,...
Prior Supervised-Release Status Is Not Intrinsic Evidence Without a Direct Nexus to the Charged Crime Introduction In State of West Virginia v. Jeffrey John Paglia, the Supreme Court of Appeals of...
Termination of Parental Rights Cannot Rest on Unadjudicated Conditions of Abuse or Neglect Introduction In In re K.L.-1, K.L.-2, and K.G., the Supreme Court of Appeals of West Virginia vacated a...
Diabetes as a “Confounding Condition” in Carpal Tunnel Claims: Deference to the Board’s Weighing of Medical Evidence 1. Introduction In John Moore v. United Coal Company, LLC (W. Va. Apr. 24, 2026),...
Diabetes as a “Confounding Condition” Supports Denial of CTS Claims Where the Board Persuasively Credits Non-Occupational Causation 1. Introduction In John Moore v. United Coal Company, LLC (W. Va....
In re S.S.: Imminent Release, Acknowledged Substance Abuse, and Demonstrated Rehabilitation Require Meaningful Consideration of a Post-Adjudicatory Improvement Period Introduction In In re S.S. (W....
Plain-Error Relief Is Unavailable for a Mens Rea Instruction Error That Raises the State’s Burden and Causes No Prejudice 1. Introduction In State of West Virginia v. Darrell R. Sharp, II (Memorandum...
Battered-Parent Status Is Foreclosed by Findings of Participation/Acquiescence in Abuse; Severe Chronic Nonaccidental Injuries Support Aggravated-Circumstances and Termination 1. Introduction Case:...
Juvenile-Transfer Sentencing: On-the-Record Consideration of W. Va. Code § 61-11-23(c) Need Not Enumerate Each Factor; Within-Limits Fixed-Term Sentences Are Not Proportionality-Reviewed Absent...
Intent for Stalking-Based Personal Safety Orders May Be Inferred from Deliberate Conduct Causing Emotional Distress 1. Introduction In L.M. v. D.P. (Supreme Court of Appeals of West Virginia, April...