interpreting-& Case Commentaries

Reaffirming West Virginia’s 50-50 Custody Presumption: Trial Courts Must Apply § 48-9-102a, Analyze § 48-9-209(f) Factors, Enter Written Findings, and Maximize Parenting Time

Date: Oct 1, 2025

Reaffirming West Virginia’s 50-50 Custody Presumption: Trial Courts Must Apply § 48-9-102a, Analyze § 48-9-209(f) Factors, Enter Written Findings, and Maximize Parenting Time Case: In re R.L., No....

Reaffirming the Rule 8(a) Presumption and Tightening Limits on Child Confrontation, Discovery, and Sexual-History Evidence in Abuse-and-Neglect Adjudications

Date: Oct 1, 2025

Reaffirming the Rule 8(a) Presumption and Tightening Limits on Child Confrontation, Discovery, and Sexual-History Evidence in Abuse-and-Neglect Adjudications Introduction In re L.H.-1, B.H., L.H.-2,...

Improvement Period May Be Denied When a Parent’s Promise to a Critical No‑Contact Condition Lacks Credibility, Even Amid Services Compliance

Date: Oct 1, 2025

Improvement Period May Be Denied When a Parent’s Promise to a Critical No‑Contact Condition Lacks Credibility, Even Amid Services Compliance Introduction In In re I.R. and E.B., No. 24-496 (W. Va....

Reaffirmation: Parent’s Nonappearance and Noncompliance Defeat Improvement Period; Termination Proper Absent Reasonable Likelihood of Correction

Date: Oct 1, 2025

Reaffirmation: Parent’s Nonappearance and Noncompliance Defeat Improvement Period; Termination Proper Absent Reasonable Likelihood of Correction Introduction In In re J.H., J.M., T.K., and R.K., No....

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency Without Vouching, and Reaffirms Strict Timeliness for Appeals from Rule 37 Indicative Rulings

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency Without Vouching, and Reaffirms Strict Timeliness for Appeals from Rule 37 Indicative Rulings...

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings Case: United States v. Vázquez‑Rijos (1st Cir.)...

Reasonable Efforts Clarified: Prior-Case Services and Futility Can Satisfy DHS’s Reunification Duty in Recidivist Neglect Cases

Date: Oct 1, 2025

Reasonable Efforts Clarified: Prior-Case Services and Futility Can Satisfy DHS’s Reunification Duty in Recidivist Neglect Cases Introduction In re D.G. and L.G., No. 24-620 (W. Va. Sept. 30, 2025),...

In re B.S.: The 15/22-Month Permanency Cap Meaningfully Limits Improvement-Period Extensions; Near-Completion of Treatment Is Not a “Compelling Circumstance”

Date: Oct 1, 2025

In re B.S.: The 15/22-Month Permanency Cap Meaningfully Limits Improvement-Period Extensions; Near-Completion of Treatment Is Not a “Compelling Circumstance” Introduction In this memorandum decision,...

In re B.N.: Delineated, Best‑Interest Visitation for Relative Caregivers Without a Grandparent Visitation Act Motion—and Strict Standing Limits for Non‑Intervenor Grandparents

Date: Oct 1, 2025

In re B.N.: Delineated, Best‑Interest Visitation for Relative Caregivers Without a Grandparent Visitation Act Motion—and Strict Standing Limits for Non‑Intervenor Grandparents Introduction The...

Temporary Guardianship Does Not Defeat Abuse-and-Neglect Jurisdiction; Voluntary Relinquishment Bars Case-Plan Attacks — Commentary on In re A.F. and K.F. (W. Va. Sept. 30, 2025)

Date: Oct 1, 2025

Temporary Guardianship Does Not Defeat Abuse-and-Neglect Jurisdiction; Voluntary Relinquishment Bars Case-Plan Attacks — Commentary on In re A.F. and K.F. (W. Va. Sept. 30, 2025) Introduction This...

Termination Without Less Restrictive Alternatives and a Rigorous “Substantial Change” Threshold for Post‑Dispositional Improvement Periods: Commentary on In re A.F. and H.J.

Date: Oct 1, 2025

Termination Without Less Restrictive Alternatives and a Rigorous “Substantial Change” Threshold for Post‑Dispositional Improvement Periods: Commentary on In re A.F. and H.J. Introduction This...

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807

Date: Oct 1, 2025

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807 Court: Supreme Court of Georgia | Date: September 30,...

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist

Date: Oct 1, 2025

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist Introduction...

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused

Date: Oct 1, 2025

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused Introduction In Green v. State, the Supreme...

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge

Date: Oct 1, 2025

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge Introduction In Evans v. State and Miller v. State (Supreme Court of Georgia, Sept. 30, 2025), the Court resolved a...

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability

Date: Oct 1, 2025

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability Case: Cagle...

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing

Date: Oct 1, 2025

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing Introduction In United States v. Garcia-Gonzalez,...

No Maranda T. Enhanced-Efforts Duty Where Parent Is Cognitively Competent; Noncompliance with an Improvement Period and Exposure to Sex Offenders Support Termination Without Less Restrictive Alternatives

Date: Oct 1, 2025

No Maranda T. Enhanced-Efforts Duty Where Parent Is Cognitively Competent; Noncompliance with an Improvement Period and Exposure to Sex Offenders Support Termination Without Less Restrictive...

Confidential Oversight Is Not “Public Disclosure,” and Undersheriffs Receive Absolute Immunity for On‑Duty Statements: A Commentary on Patrick Jones Jr. v. Lake County Sheriff’s Office (7th Cir. 2025)

Date: Oct 1, 2025

Confidential Oversight Is Not “Public Disclosure,” and Undersheriffs Receive Absolute Immunity for On‑Duty Statements Case: Patrick Jones Jr. v. Lake County Sheriff’s Office & Lawrence Oliver Court:...

No But-For Link: Sixth Circuit Narrows “Relevant Conduct” for Prior-Sentence Points After Amendment 821

Date: Oct 1, 2025

No But-For Link: Sixth Circuit Narrows “Relevant Conduct” for Prior-Sentence Points After Amendment 821 Introduction In United States v. Ronnie Edward Duke, the Sixth Circuit addressed a recurring...

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