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comprehensive-interpretation-of-& Case Commentaries

Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025)

Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025)

Date: Aug 1, 2025
Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025) Introduction In re K.S. and K.K-1, No. 24-439 (July 30, 2025), marks...
Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations

Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations

Date: Aug 1, 2025
Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations Introduction In...
“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation”:  A Commentary on In re P.F. and S.H.,  No. 24-354 (W. Va. 2025)

“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation”: A Commentary on In re P.F. and S.H., No. 24-354 (W. Va. 2025)

Date: Aug 1, 2025
“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation” A Structured Commentary on the Supreme Court of Appeals of West Virginia’s Memorandum Decision in In re P.F. and S.H....
“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases (In re B.S-S. and N.S., 2025)

“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases (In re B.S-S. and N.S., 2025)

Date: Aug 1, 2025
“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases Commentary on In re B.S.-S. and N.S., Supreme Court of West Virginia, July 30 2025 1....
Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025)

Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025)

Date: Aug 1, 2025
Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025) Introduction The...
Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025)

Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025)

Date: Aug 1, 2025
Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025) 1....

        Denial Equals Non-Compliance: West Virginia Supreme Court Re-Affirms that 
        A Parent’s Failure to Acknowledge Abuse Makes Conditions “Uncorrectable”
        (In re B.B., A.B., K.B., & E.P., 2025)

Denial Equals Non-Compliance: West Virginia Supreme Court Re-Affirms that A Parent’s Failure to Acknowledge Abuse Makes Conditions “Uncorrectable” (In re B.B., A.B., K.B., & E.P., 2025)

Date: Aug 1, 2025
Denial Equals Non-Compliance: West Virginia Supreme Court Re-Affirms that A Parent’s Failure to Acknowledge Abuse Makes Conditions “Uncorrectable” (Commentary on In re B.B., A.B., K.B., & E.P., No....

Clarifying “Dangerousness” and the “Least-Restrictive Alternative” in Civil Commitments of Permanently Incompetent Defendants – Comment on State of West Virginia v. William O. (2025)

Clarifying “Dangerousness” and the “Least-Restrictive Alternative” in Civil Commitments of Permanently Incompetent Defendants – Comment on State of West Virginia v. William O. (2025)

Date: Aug 1, 2025
Clarifying “Dangerousness” and the “Least-Restrictive Alternative” in Civil Commitments of Permanently Incompetent Defendants – Commentary on State of West Virginia v. William O., 2025 WL —— (W. Va....
“Conflicting Trial Testimony Is Not ‘Newly-Discovered’ Evidence” – Commentary on State of West Virginia v. Michael E. Brown (2025)

“Conflicting Trial Testimony Is Not ‘Newly-Discovered’ Evidence” – Commentary on State of West Virginia v. Michael E. Brown (2025)

Date: Aug 1, 2025
“Conflicting Trial Testimony Is Not ‘Newly-Discovered’ Evidence” – A Comprehensive Commentary on State of West Virginia v. Michael E. Brown (W. Va. July 30 2025) Introduction State of West Virginia...
The Brown Doctrine: Reinforcing the Waiver of Grand-Jury Challenges and the Harmless-Error Shield in West Virginia

The Brown Doctrine: Reinforcing the Waiver of Grand-Jury Challenges and the Harmless-Error Shield in West Virginia

Date: Aug 1, 2025
The Brown Doctrine: Reinforcing the Waiver of Grand-Jury Challenges and the Harmless-Error Shield in West Virginia 1. Introduction State of West Virginia v. Michael E. Brown (Sup. Ct. of Appeals of...
“Not a Critical Stage”: Supreme Court of West Virginia Re-Affirms Strict Frazier Test and Denies Right to Counsel or Hearing on Post-Sentence Motions to Withdraw Guilty Pleas

“Not a Critical Stage”: Supreme Court of West Virginia Re-Affirms Strict Frazier Test and Denies Right to Counsel or Hearing on Post-Sentence Motions to Withdraw Guilty Pleas

Date: Aug 1, 2025
“Not a Critical Stage”: Supreme Court of West Virginia Re-Affirms Strict Frazier Test and Denies Right to Counsel or Hearing on Post-Sentence Motions to Withdraw Guilty Pleas 1. Introduction In State...
Inherent Violence & Proportionality in Recidivist Life Sentences: A Commentary on State v. Cottingham (W. Va. 2025)

Inherent Violence & Proportionality in Recidivist Life Sentences: A Commentary on State v. Cottingham (W. Va. 2025)

Date: Aug 1, 2025
Inherent Violence & Proportionality in Recidivist Life Sentences: A Comprehensive Commentary on State of West Virginia v. Antonio Devon Cottingham (2025) 1. Introduction In State v. Cottingham, the...
State v. Harrison: No Pre-Habeas Right to Grand-Jury Transcripts After a Guilty Plea

State v. Harrison: No Pre-Habeas Right to Grand-Jury Transcripts After a Guilty Plea

Date: Aug 1, 2025
State v. Harrison: No Pre-Habeas Right to Grand-Jury Transcripts After a Guilty Plea Introduction State of West Virginia v. Joshua James Harrison (Supreme Court of Appeals of West Virginia, 30 July...
Circumstantial Sufficiency: Supreme Court of West Virginia Clarifies Standard for “Concealment of a Deceased Human Body” – Commentary on State v. Anthony Yester (2025)

Circumstantial Sufficiency: Supreme Court of West Virginia Clarifies Standard for “Concealment of a Deceased Human Body” – Commentary on State v. Anthony Yester (2025)

Date: Aug 1, 2025
Circumstantial Sufficiency: Supreme Court of West Virginia Clarifies Standard for “Concealment of a Deceased Human Body” – Commentary on State of West Virginia v. Anthony Yester Introduction The...
State v. Robinson: Re-Affirming the Limited Scope of Appellate Review over Statutorily-Bound Sentences and Jury Verdicts in West Virginia

State v. Robinson: Re-Affirming the Limited Scope of Appellate Review over Statutorily-Bound Sentences and Jury Verdicts in West Virginia

Date: Aug 1, 2025
State v. Robinson: Re-Affirming the Limited Scope of Appellate Review over Statutorily-Bound Sentences and Jury Verdicts in West Virginia 1. Introduction In State of West Virginia v. Marques Robinson...
State v. Grant S.: Testimonial Evidence Alone Can Sustain Revocation of Home Incarceration in West Virginia

State v. Grant S.: Testimonial Evidence Alone Can Sustain Revocation of Home Incarceration in West Virginia

Date: Aug 1, 2025
State v. Grant S.: Testimonial Evidence Alone Can Sustain Revocation of Home Incarceration in West Virginia Introduction In State of West Virginia v. Grant S. (Supreme Court of Appeals of West...
The “Voidable Warrant” Doctrine after State v. Balles

The “Voidable Warrant” Doctrine after State v. Balles

Date: Aug 1, 2025
The “Voidable Warrant” Doctrine: Arrest Warrants Issued on Pre-Blake Community-Custody Violations Remain Enforceable until Judicially Set Aside 1. Introduction State v. Balles, 103582-9 (Wash. Jul....
Unified Sufficiency Standard Reaffirmed:  State v. Roberts (2025) and the Jackson-Green Test for Bench Trials

Unified Sufficiency Standard Reaffirmed: State v. Roberts (2025) and the Jackson-Green Test for Bench Trials

Date: Aug 1, 2025
Unified Sufficiency Standard Reaffirmed: State v. Roberts (Wash. 2025) and the Jackson-Green Test for Bench Trials 1. Introduction Case: State v. Roberts, No. 103546-2, Supreme Court of Washington,...
“Beyond the Jailhouse Door” – Washington Supreme Court Outlaws Pat-Down, Handcuff, and Detention Procedures for Finger-Printing Pre-Trial Releasees

“Beyond the Jailhouse Door” – Washington Supreme Court Outlaws Pat-Down, Handcuff, and Detention Procedures for Finger-Printing Pre-Trial Releasees

Date: Aug 1, 2025
“Beyond the Jailhouse Door” – Washington Supreme Court Outlaws Pat-Down, Handcuff, and Detention Procedures for Finger-Printing Pre-Trial Releasees Introduction State v. Evans (Wash. Sup. Ct. 2025)...
“Implied Dissolution of Litigation Stays upon Reinstatement Orders” — A Commentary on Greenspon v. CIT Bank, N.A., Supreme Court of Hawaiʻi (2025)

“Implied Dissolution of Litigation Stays upon Reinstatement Orders” — A Commentary on Greenspon v. CIT Bank, N.A., Supreme Court of Hawaiʻi (2025)

Date: Aug 1, 2025
“Implied Dissolution of Litigation Stays upon Reinstatement Orders” Greenspon v. CIT Bank, N.A. — Supreme Court of Hawaiʻi, 29 July 2025 Introduction Greenspon v. CIT Bank, N.A. concerns prolonged...
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