West Virginia Case Commentaries

In re S.L. and C.L.: Improvement-Period Compliance Does Not Bar Termination When Housing Neglect Recurs and Permanency Timelines Loom

Date: Mar 27, 2026

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....

In re S.L. and C.L.: Technical Case-Plan Compliance Does Not Bar Termination Where Parents Cannot Sustain Safe Housing Within Statutory Permanency Timelines

Date: Mar 27, 2026

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”

Date: Mar 27, 2026

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

Date: Mar 27, 2026

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

Date: Mar 27, 2026

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

Date: Mar 27, 2026

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

Date: Mar 27, 2026

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....

Failure to Follow Through with a Court-Conditioned Improvement Period (Including Inpatient Treatment) Supports Termination; Credibility Findings and Inadequately Briefed Extension Claims Will Not Be Disturbed

Date: Mar 27, 2026

Failure to Follow Through with a Court-Conditioned Improvement Period (Including Inpatient Treatment) Supports Termination; Credibility Findings and Inadequately Briefed Extension Claims Will Not Be...

In re D.R.: Acknowledgment of Abuse as a Precondition to Additional Improvement Periods

Date: Mar 27, 2026

Acknowledgment of Abuse as a Precondition to Additional Improvement Periods (and a Basis for “No Reasonable Likelihood” Findings) Case: In re D.R. Court: Supreme Court of Appeals of West Virginia...

Termination for Post-Adjudication Nonparticipation; Written-Motion Requirement for Improvement Periods

Date: Mar 27, 2026

Termination for Post‑Adjudication Nonparticipation; Written‑Motion Requirement for Improvement Periods Introduction In In re H.A. and C.M., the Supreme Court of Appeals of West Virginia affirmed an...

UCCJEA Home-State Jurisdiction for Infants Turns on Where the Child Lived from Birth with a Person Acting as a Parent—Not Place of Birth

Date: Mar 27, 2026

UCCJEA Home-State Jurisdiction for Infants Turns on Where the Child Lived from Birth with a Person Acting as a Parent—Not Place of Birth Case: In re J.H., No. 25-393 (W. Va. Sup. Ct. App. Mar. 24,...

Post-Termination Visitation as the Child’s Right: Courts May Not Delegate Contact Decisions to Adoptive Placement Discretion

Date: Mar 27, 2026

Post-Termination Visitation as the Child’s Right: Courts May Not Delegate Contact Decisions to Adoptive Placement Discretion Case: In re M.C., No. 25-262 (Nicholas County CC-34-2024-JA-101) Court:...

Failure to Acknowledge Abuse and Noncompliance Defeat Improvement Period; MDT Lapses Treated as Harmless Where Best Interests Support Termination

Date: Mar 27, 2026

Failure to Acknowledge Abuse and Noncompliance Defeat Improvement Period; MDT Lapses Treated as Harmless Where Best Interests Support Termination Case: In re T.H. and S.H.-1, No. 25-284 (W. Va. Mar....

In re V.M.: Termination May Proceed Without Less Restrictive Alternatives When a Parent Stops Following the Family Case Plan

Date: Mar 27, 2026

In re V.M.: Termination May Proceed Without Less Restrictive Alternatives When a Parent Stops Following the Family Case Plan 1. Introduction Case: In re V.M., No. 25-489 (Kanawha County...

Deed References to Prior Surface Conveyances Do Not Reserve Minerals After Merger Without “Certain and Definite” Reservation Language

Date: Mar 27, 2026

Deed References to Prior Surface Conveyances Do Not Reserve Minerals After Merger Without “Certain and Definite” Reservation Language Introduction In Joseph Wells, Individually and as Power of...

Strict Summons Service and Prejudice-Based Enforcement of Trial Court Rule 24.01 in Legal Malpractice Dismissals

Date: Mar 27, 2026

Strict Summons Service and Prejudice-Based Enforcement of Trial Court Rule 24.01 in Legal Malpractice Dismissals Introduction In Shelia Hallman-Warner v. Ryan Umina (Supreme Court of Appeals of West...

Expert “Provocation/Reasonable Person” Opinions Are Inadmissible When They Invade the Jury’s Common-Sense Role and Lack Daubert Reliability (State v. Starkey)

Date: Mar 27, 2026

Expert “Provocation/Reasonable Person” Opinions Are Inadmissible When They Invade the Jury’s Common-Sense Role and Lack Daubert Reliability (State v. Starkey) Case: State of West Virginia v. Antwon...

Felony-Murder-by-Robbery Sufficiency Review: Jury Credibility Control and Circumstantial Proof of Conspiracy

Date: Mar 27, 2026

Felony-Murder-by-Robbery Sufficiency Review: Jury Credibility Control and Circumstantial Proof of Conspiracy Introduction State of West Virginia v. Bobby Wolford (W. Va. Sup. Ct. App., Mar. 24, 2026)...

Proportionality and Preservation Rules in Supervised-Release Revocations: Meaningful Two-Test Analysis Required; Unraised Constitutional Claims Not Reviewed

Date: Mar 27, 2026

Proportionality and Preservation Rules in Supervised-Release Revocations: Meaningful Two-Test Analysis Required; Unraised Constitutional Claims Not Reviewed Case: State of West Virginia v. James...

Accomplice Testimony and Jury Credibility Determinations Sustain Grand Larceny and Conspiracy Convictions Under Sufficiency Review

Date: Mar 27, 2026

Accomplice Testimony and Jury Credibility Determinations Sustain Grand Larceny and Conspiracy Convictions Under Sufficiency Review Introduction In State of West Virginia v. Joshua Pruitt (No. 24-15),...

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