West Virginia Case Commentaries

Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims

Date: Sep 11, 2025

Nonparticipation Precludes Improvement Period: West Virginia Supreme Court Reaffirms Denial of Improvement Period and Termination Where Parent Fails to Engage, Despite Mental Health Claims...

Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge (State v. Layton)

Date: Sep 11, 2025

Counsel’s Representation Suffices to Verify PSI Review Under Rule 32(c)(3)(A); Failure to Object Waives Challenge Introduction In State of West Virginia v. Thomas Layton (No. 24-685), the Supreme...

Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia

Date: Sep 11, 2025

Reaffirming Rule 35(a)’s Narrow Reach and the Definite Sentencing Scheme for Voluntary Manslaughter in West Virginia Introduction This commentary examines the Supreme Court of Appeals of West...

Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights

Date: Sep 11, 2025

Failure to Enter Court-Ordered Substance Abuse Treatment Supports “No Reasonable Likelihood” Finding and Termination of Parental Rights Introduction In re S.H., No. 24-555 (W. Va. Sept. 10, 2025), is...

Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B.

Date: Sep 11, 2025

Belated, Insincere Acknowledgment Is Insufficient for an Improvement Period; Termination May Proceed Even When the Other Parent Is Fit — In re S.B., H.B., D.B., and N.B. Introduction This memorandum...

In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing

Date: Sep 11, 2025

In re H.C.: No Automatic Post‑Guardianship Visitation—Parental Rehabilitation Alone Is Insufficient Absent a Strong Bond and Best‑Interests Showing Introduction This memorandum decision from the...

In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods

Date: Sep 11, 2025

In re F.S.: Compelled Treatment, Aggravated Circumstances, and the Written-Motion Requirement for Improvement Periods Introduction In this memorandum decision, the Supreme Court of Appeals of West...

Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S.

Date: Sep 11, 2025

Reaffirming That Noncompliance With DHS Services Precludes an Improvement Period and Supports Termination: In re E.Y. and G.S. Introduction In In re E.Y. and G.S., No. 24-358 (W. Va. Sept. 10, 2025)...

Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations

Date: Sep 11, 2025

Child Disclosures and Behavioral Corroboration Can Meet the Clear-and-Convincing Standard Without Physical Evidence; Rule 19(b) Permits Reopened Adjudications on Amended Allegations Introduction In...

Case-Specific Findings Required in Habeas Orders; Incorporation from a Co-Defendant’s Case Is Insufficient When the Evidence Materially Differs — Spears v. Frame (W. Va. 2025)

Date: Sep 11, 2025

Case-Specific Findings Required in Habeas Orders; Incorporation from a Co-Defendant’s Case Is Insufficient When the Evidence Materially Differs — Spears v. Frame (W. Va. 2025) Introduction In William...

Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing

Date: Sep 11, 2025

Borden Does Not Control West Virginia’s Habitual Offender Statute: DUI Causing Serious Bodily Injury Remains a “Crime of Violence” for Recidivist Life Sentencing Introduction In State of West...

Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods (In re N.E., W. Va. 2025)

Date: Sep 11, 2025

Meaningful Participation in a Medically Fragile Child’s Care Is Required for “Substantial Compliance”: Moderate Compliance Does Not Compel Extension of Improvement Periods Commentary on In re N.E.,...

Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination — Commentary on In re J.C.-1 and J.C.-2 (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

Acknowledgment of Domestic Violence Is a Prerequisite to Improvement Periods; Ongoing Abuse During Proceedings Supports Immediate Termination Case: In re J.C.-1 and J.C.-2, No. 24-554 (W. Va. Sept....

In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication

Date: Sep 11, 2025

In re A.S.: Incarceration at Petition Filing Can Constitute Neglect; Later No-Contact or Zero-Support Orders Do Not Defeat Adjudication Introduction In a memorandum decision issued on September 10,...

No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings

Date: Sep 11, 2025

No Automatic Inclusion: West Virginia Supreme Court Requires Individual Adjudication for Each Child Before Disposition in Abuse and Neglect Proceedings Introduction In In re A.B., L.E., and J.B., No....

Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence

Date: Aug 6, 2025

Jeffers and the Harmless-Error Doctrine: When the Absence of a Presentence Report Is Cured by a Mandatory Life-Without-Mercy Sentence 1. Introduction In State of West Virginia v. Argie L. Jeffers,...

“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (W. Va. 2025)

Date: Aug 5, 2025

“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (Supreme Court of West Virginia, 2025) I. Introduction State of West Virginia v. Robert I. Brown Jr., Nos. 24-576, 24-578, and 24-579,...

“Record Sufficiency over Formality” – The West Virginia Supreme Court Narrows the Need for Written Findings in Habeas Appeals

Date: Aug 1, 2025

“Record Sufficiency over Formality”: West Virginia Supreme Court Clarifies When Oral and Incorporated Findings Can Sustain a Habeas Denial Introduction Robert C. v. Searls, No. 24-61 (W. Va. Jul. 30,...

State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion

Date: Aug 1, 2025

State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion Introduction State of West Virginia v. Michael E. Brown, Supreme Court of...

Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (W. Va. 2025)

Date: Aug 1, 2025

Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (Supreme Court of Appeals of West Virginia, 2025) Introduction The Supreme Court...

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