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  • Commentaries
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West Virginia Case Commentaries

Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary

Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary

Date: Mar 20, 2025
Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary Introduction The case In re W.M. before the Supreme Court of West Virginia...
Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights

Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights

Date: Mar 20, 2025
Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights Introduction The Judgment in the case of In re L.F., rendered by the...
Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases

Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases

Date: Mar 20, 2025
Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases Introduction The case of In re A.M.-1, L.D., M.M., and T.D. before the Supreme Court...
Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review

Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review

Date: Mar 20, 2025
Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review Introduction The case of Codey Dale Foster v. Shelby Searls, Superintendent of Huttonsville...
Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children

Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children

Date: Mar 20, 2025
Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children Introduction The case of In re M.B., decided by the Supreme Court of...
Affirming Parental Culpability: Establishing Silence as Affirmative Evidence in Child Abuse Proceedings

Affirming Parental Culpability: Establishing Silence as Affirmative Evidence in Child Abuse Proceedings

Date: Mar 20, 2025
Affirming Parental Culpability: Establishing Silence as Affirmative Evidence in Child Abuse Proceedings Introduction The Judgment in “In re A.K.-1 and A.K.-2” delivered by the Supreme Court of West...
Apportionment in Workers' Compensation: Establishing the Proper Role of Preexisting Conditions in Impairment Ratings

Apportionment in Workers' Compensation: Establishing the Proper Role of Preexisting Conditions in Impairment Ratings

Date: Mar 20, 2025
Apportionment in Workers' Compensation: Establishing the Proper Role of Preexisting Conditions in Impairment Ratings Introduction The case of James D. Horner v. Eastern Asphalt Products, LLC before...
Clarifying Abandonment: The Role of Parental Noncompliance as Clear and Convincing Evidence in Abuse and Neglect Proceedings

Clarifying Abandonment: The Role of Parental Noncompliance as Clear and Convincing Evidence in Abuse and Neglect Proceedings

Date: Mar 20, 2025
Clarifying Abandonment: The Role of Parental Noncompliance as Clear and Convincing Evidence in Abuse and Neglect Proceedings Introduction The case, In re T.A., before the Supreme Court of West...
Clarifying Jurisdiction under the UCCJEA in Child Abuse and Neglect Proceedings: Commentary on In re N.F. and A.F.

Clarifying Jurisdiction under the UCCJEA in Child Abuse and Neglect Proceedings: Commentary on In re N.F. and A.F.

Date: Mar 20, 2025
Clarifying Jurisdiction under the UCCJEA in Child Abuse and Neglect Proceedings Introduction The case of In re N.F. and A.F. before the Supreme Court of West Virginia marks an important development...
No Reasonable Likelihood for Substantial Correction: A New Standard in Parental Rights Termination

No Reasonable Likelihood for Substantial Correction: A New Standard in Parental Rights Termination

Date: Mar 20, 2025
No Reasonable Likelihood for Substantial Correction: A New Standard in Parental Rights Termination Introduction The judgment in In re L.F., decided by the Supreme Court of West Virginia on March 19,...
Affirming Parental Rights Termination: Ensuring Child Welfare by Demonstrating Inability to Correct Conditions of Abuse and Neglect

Affirming Parental Rights Termination: Ensuring Child Welfare by Demonstrating Inability to Correct Conditions of Abuse and Neglect

Date: Mar 20, 2025
Affirming Parental Rights Termination: Ensuring Child Welfare by Demonstrating Inability to Correct Conditions of Abuse and Neglect Introduction The Judgment in "In re J.N. and K.N." by the Supreme...
Termination of Parental Rights Without an Improvement Period: A New Precedent in Substance Abuse Cases

Termination of Parental Rights Without an Improvement Period: A New Precedent in Substance Abuse Cases

Date: Mar 20, 2025
Termination of Parental Rights Without an Improvement Period: A New Precedent in Substance Abuse Cases Introduction The Judgment in In re D.A. from the Supreme Court of West Virginia establishes a...
Affirmation of Judicial Discretion in Post-Adjudicatory Improvement and Evidentiary Use in Parental Rights Termination

Affirmation of Judicial Discretion in Post-Adjudicatory Improvement and Evidentiary Use in Parental Rights Termination

Date: Mar 20, 2025
Affirmation of Judicial Discretion in Post-Adjudicatory Improvement and Evidentiary Use in Parental Rights Termination Introduction The Judgment in In re A.H. before the Supreme Court of West...
Clarifying the Burden of Proof in Parental Rights Termination: New Precedents in Abuse and Neglect Proceedings

Clarifying the Burden of Proof in Parental Rights Termination: New Precedents in Abuse and Neglect Proceedings

Date: Mar 15, 2025
Clarifying the Burden of Proof in Parental Rights Termination: New Precedents in Abuse and Neglect Proceedings Introduction The case of In re L.J., I.J., A.J., and G.J.-1 before the West Virginia...
Optional Incentive Programs and Grandfather Protection: Establishing “Required and Approved” Franchise Image Elements as Statutorily Protected

Optional Incentive Programs and Grandfather Protection: Establishing “Required and Approved” Franchise Image Elements as Statutorily Protected

Date: Mar 14, 2025
Optional Incentive Programs and Grandfather Protection: Establishing “Required and Approved” Franchise Image Elements as Statutorily Protected Introduction The West Virginia Supreme Court of Appeals...
Refining Guardianship Dispositions: New Precedents on Improvement Period Compliance and Modification Rights in IN RE H.M.

Refining Guardianship Dispositions: New Precedents on Improvement Period Compliance and Modification Rights in IN RE H.M.

Date: Mar 2, 2025
Refining Guardianship Dispositions: New Precedents on Improvement Period Compliance and Modification Rights in IN RE H.M. Introduction In the case of IN RE H.M., decided on February 26, 2025, by the...
Failure to Engage in Court-Ordered Transition as Evidence of Neglect: A New Benchmark in Parental Rights Termination

Failure to Engage in Court-Ordered Transition as Evidence of Neglect: A New Benchmark in Parental Rights Termination

Date: Mar 2, 2025
Failure to Engage in Court-Ordered Transition as Evidence of Neglect: A New Benchmark in Parental Rights Termination Introduction The case In re A.M. before the West Virginia Supreme Court of Appeals...
Establishing the "Preponderance of the Evidence" Requirement for Isolated Workplace Injuries: The Lemaster v. Walmart Precedent

Establishing the "Preponderance of the Evidence" Requirement for Isolated Workplace Injuries: The Lemaster v. Walmart Precedent

Date: Feb 25, 2025
Establishing the "Preponderance of the Evidence" Requirement for Isolated Workplace Injuries: The Lemaster v. Walmart Precedent Introduction The case of Dustin Lemaster v. Walmart, Inc. brings to the...
Affirming the Integrity of Guilty Pleas Under Rule 11 and Sentencing Discretion in Cases of Sexual Abuse in a Position of Trust

Affirming the Integrity of Guilty Pleas Under Rule 11 and Sentencing Discretion in Cases of Sexual Abuse in a Position of Trust

Date: Feb 12, 2025
Affirming the Integrity of Guilty Pleas Under Rule 11 and Sentencing Discretion in Cases of Sexual Abuse in a Position of Trust Introduction This commentary examines the memorandum decision rendered...
Affirming Mathematical Age Determination for Sentencing Enhancements in Sexual Abuse Cases

Affirming Mathematical Age Determination for Sentencing Enhancements in Sexual Abuse Cases

Date: Feb 12, 2025
Affirming Mathematical Age Determination for Sentencing Enhancements in Sexual Abuse Cases Introduction The present judgment from the West Virginia Supreme Court of Appeals deals with the appeal...
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