No Absolute Recording Requirement for Confessions; Officer-Written Confession Is Admissible When Adopted by the Accused Introduction In State of West Virginia v. Harry Lee Steele (W. Va. Apr. 21,...
Identity in Sexual Assault May Be Proven Without In‑Court Identification; Child-Victim Uncorroborated Testimony Instruction Valid When Charge as a Whole Preserves Burden of Proof 1. Introduction In...
Mineral Reservations Require Certain and Definite Deed Language—A Mere Reference to a Prior “Surface” Deed or “Subject To” Clause Will Not Re-Sever Minerals After Merger Case: Joseph Wells,...
Five-Year Election Code Limitations Period Governs Misdemeanor Election Offenses Despite General One-Year Misdemeanor Statute Introduction In State ex rel. State of West Virginia v. Honorable James...
Prohibition Denied Absent “Clear Error of Law” When Competing Statutes of Limitation Plausibly Apply Case: State ex rel. State of West Virginia v. Honorable James Young, sitting by assignment as...
Threatened International Removal of a Child as “Creating Fear of Physical Harm” Supporting a DVPO Under W. Va. Code § 48-27-202(3) 1. Introduction In Ahmad A. v. Kimberly A. (W. Va. Sup. Ct. App....
In re A.E.: No Post-Permanency DHS Funding for Visitation Absent Explicit Statutory Authority 1. Introduction In re A.E. is a child abuse and neglect appeal from the Circuit Court of Hancock County...
Crawford Did Not Overrule Maryland v. Craig: West Virginia Upholds Child Closed-Circuit Testimony Statutes and Treats Statutory Citations After the Constitutional Indictment Conclusion as Surplusage...
Rule 1.3 Diligence Is Owed to the Client—Opposing-Party Delay Complaints Do Not Create a Presumption of Client Harm Case: Lawyer Disciplinary Board v. Phillip S. Isner Court: Supreme Court of Appeals...
Guardianship Does Not Bar Abuse/Neglect Adjudication; Termination May Proceed Despite a Fit Nonabusing Parent When No Reasonable Likelihood of Correction 1. Introduction In In re K.P., A.T.-1, B.T.,...
Refusal to Acknowledge Substance Abuse and Decline Inpatient Treatment Justifies Denial of Improvement Period and Supports Termination Without Less Restrictive Alternatives 1. Introduction Case: In...
Post-Termination Visitation in West Virginia: A Child’s Best-Interest Right That Cannot Be Delegated to Custodians Introduction In re M.C. (No. 25-392) is a memorandum decision of the Supreme Court...
Nonparticipation and Refusal to Engage with DHS as Clear and Convincing Proof Supporting Termination Without Lesser Alternatives (In re M.F.) Court: Supreme Court of Appeals of West Virginia Decision...
In re S.L. and C.L.: Improvement-Period Compliance Does Not Bar Termination When Housing Neglect Recurs and Permanency Timelines Loom Introduction In In re S.L. and C.L. (W. Va. Sup. Ct. App. Mar....
Technical Case-Plan Compliance Does Not Bar Termination Where Parents Cannot Sustain Safe Housing Within Statutory Permanency Timelines 1. Introduction In re S.L. and C.L. (W. Va. Sup. Ct. App., Mar....
Revocation of Supervised Release for Domestic-Violence Conduct: Credibility Deference and Two-Test Proportionality Review Grounded in “Breach of Trust” I. Introduction In State of West Virginia v....
State v. Moore: No Mistrial for Improper “Were They Lying?” Questions When Objections Are Sustained Before Any Answer and Jury Is Properly Charged on Credibility and Self-Defense Case: State of West...
Deferred Adjudication Violations Are Proper Sentencing Considerations Absent Proof of Impermissible Factors Case: State of West Virginia v. Daniel Allen Wolfe Court: Supreme Court of Appeals of West...
Isolated, Indirect Derogatory Remarks During Removal Do Not Constitute “Emotional Abuse” Absent Evidence of Mental or Emotional Injury Under W. Va. Code § 49-1-201 1. Introduction Case: West Virginia...
Failure to Appear and Failure to Prove Likelihood of Participation Justify Denial of Improvement Period and Support Termination 1. Introduction In re A.W., H.W., and S.W.-1 (W. Va. Sup. Ct. App. Mar....