West Virginia Case Commentaries

Adult-Pornography “Grooming” Evidence Survives Rule 403; Uncorroborated Child-Victim Testimony and Statutory Consecutive Terms Sustain Convictions and Sentence

Date: Mar 27, 2026

Adult-Pornography “Grooming” Evidence Survives Rule 403; Uncorroborated Child-Victim Testimony and Statutory Consecutive Terms Sustain Convictions and Sentence Introduction In State of West Virginia...

Strict Enforcement of Perfecting-Appeal Deadlines: Failure to Timely Perfect and to Seek Extension Before Expiration Warrants Dismissal

Date: Mar 27, 2026

Strict Enforcement of Perfecting-Appeal Deadlines: Failure to Timely Perfect and to Seek Extension Before Expiration Warrants Dismissal 1. Introduction In Stephanie Lara Toler v. West Virginia...

De Novo Appellate Review of Denials of Motions for Judgment of Acquittal in West Virginia

Date: Mar 14, 2026

De Novo Appellate Review of Denials of Motions for Judgment of Acquittal in West Virginia Introduction In State of West Virginia v. Victor Lee Thompson, No. 23-478 (W. Va. Mar. 12, 2026), the Supreme...

Restitution May Run to Victim’s Parents as “Third-Party Compensators,” and Fund Restitution May Be Proven by Reliable Agency Records Without Live Testimony

Date: Mar 14, 2026

Restitution May Run to Victim’s Parents as “Third-Party Compensators,” and Fund Restitution May Be Proven by Reliable Agency Records Without Live Testimony Case: State of West Virginia v. Willie...

In re S.M.: Dispositional Orders Must Make Evidence-Based Findings on the “Cecil T. factors” and May Not Rely on “Indefinite” Incarceration

Date: Mar 13, 2026

In re S.M.: Dispositional Orders Must Make Evidence-Based Findings on the “Cecil T. factors” and May Not Rely on “Indefinite” Incarceration Court: Supreme Court of Appeals of West Virginia | Date:...

In re A.C. and S.T. (W. Va. Mar. 3, 2026) — Commentary

Date: Mar 10, 2026

Appellate Deference to Credibility Findings and “Sibling Imputation” in Sexual-Abuse Adjudications Under West Virginia’s Abuse-and-Neglect Statutes 1. Introduction Case: In re A.C. and S.T., No....

No Additional Improvement Period Absent Substantial Change; New Domestic-Violence Conviction and Out-of-State Home Incarceration Support Termination (In re R.L.)

Date: Mar 10, 2026

No Additional Improvement Period Absent Substantial Change; New Domestic-Violence Conviction and Out-of-State Home Incarceration Support Termination (In re R.L.) Introduction Case: In re R.L., No....

In re S.S. and L.S.: No “Material Change” for Disposition Modification Based on Reframed International-Travel Concerns

Date: Mar 10, 2026

In re S.S. and L.S.: No “Material Change” for Disposition Modification Based on Reframed International-Travel Concerns 1. Introduction Case: In re S.S. and L.S., No. 25-306 (W. Va. Mar. 3, 2026)...

Fit Parent Paramountcy After Improvement Period: Psychological Parent Cannot Receive Equal Custody/Decision-Making; Court Must Instead Set Child’s Continued Association with Special Weight to Parent’s Preferences

Date: Mar 10, 2026

Fit Parent Paramountcy After Improvement Period: Psychological Parent Cannot Receive Equal Custody/Decision-Making; Court Must Instead Set Child’s Continued Association with Special Weight to...

Prohibition Lies When a Circuit Court Dismisses an Indictment by Weighing Evidence Beyond the Indictment’s “Four Corners”

Date: Mar 10, 2026

Prohibition Lies When a Circuit Court Dismisses an Indictment by Weighing Evidence Beyond the Indictment’s “Four Corners” Case: State ex rel. State of West Virginia v. Hon. Jason A. Cuomo, Judge, and...

In re A.F.-1 — Substantial-Change Showing Required for a Post-Dispositional Improvement Period After an Earlier Improvement Period

Date: Mar 10, 2026

Substantial-Change Showing Required for a Post-Dispositional Improvement Period After an Earlier Improvement Period 1. Introduction Case: In re A.F.-1, No. 25-170 (W. Va. Sup. Ct. App. Mar. 3, 2026)...

In re B.F.: Circuit Court Discretion to Reject Partial Adjudicatory Stipulations Under Rule 26(a) and Proceed to Contested Adjudication

Date: Mar 10, 2026

In re B.F.: Circuit Court Discretion to Reject Partial Adjudicatory Stipulations Under Rule 26(a) and Proceed to Contested Adjudication 1. Introduction In re B.F. (No. 25-244) is a West Virginia...

In re B.J.: Prior-Termination Adjudications Require Proof of Uncorrected Conditions and Bar Collateral Attacks on Unappealed Prior Terminations

Date: Mar 10, 2026

In re B.J.: Prior-Termination Adjudications Require Proof of Uncorrected Conditions and Bar Collateral Attacks on Unappealed Prior Terminations 1. Introduction In In re B.J., the Supreme Court of...

Knowing Inaction by a Potential Father After Notice of Pregnancy/Birth Constitutes “Abandonment,” Permitting Denial of an Improvement Period and Termination

Date: Mar 10, 2026

Knowing Inaction by a Potential Father After Notice of Pregnancy/Birth Constitutes “Abandonment,” Permitting Denial of an Improvement Period and Termination Case: In re B.P., No. 25-348 (Wood County...

In re C.B.: “Welfare” Means Permanency—Termination Required When Continued Contact Jeopardizes a Child’s Well-Being Despite Pleasant Visits

Date: Mar 10, 2026

In re C.B.: “Welfare” Means Permanency—Termination Required When Continued Contact Jeopardizes a Child’s Well-Being Despite Pleasant Visits 1. Introduction Case: In re C.B., No. 25-75 (W. Va. Mar. 3,...

In re C.C.: Violating a No-Contact Improvement-Period Condition and False Testimony Support Termination for “No Reasonable Likelihood” of Correction

Date: Mar 10, 2026

In re C.C.: Violating a No-Contact Improvement-Period Condition and False Testimony Support Termination for “No Reasonable Likelihood” of Correction 1) Introduction Case: In re C.C., No. 25-270 (W....

New Abuse-and-Neglect Petition Permitted When a Parent Exposes a Child to a Parent with Terminated Rights; Contempt/Modification Not Exclusive Remedies

Date: Mar 10, 2026

New Abuse-and-Neglect Petition Permitted When a Parent Exposes a Child to a Parent with Terminated Rights; Contempt/Modification Not Exclusive Remedies 1. Introduction Case: In re C.P., No. 25-27 (W....

In re D.S.: “Substantial Change” as a Prerequisite to a Post-Dispositional Improvement Period, and Termination Without Lesser Alternatives When No Reasonable Likelihood of Correction Exists

Date: Mar 10, 2026

“Substantial Change” Required for a Post-Dispositional Improvement Period; Termination Permitted Without Less Restrictive Alternatives When No Reasonable Likelihood of Correction Exists Case: In re...

In re E.C.-1 and E.M.: Denial of an Improvement Period and Termination Where Parent Fails to Prove Likely Participation and Cannot Correct “Failure to Protect”

Date: Mar 10, 2026

Denial of an Improvement Period and Termination Where Parent Fails to Prove Likely Participation and Cannot Correct “Failure to Protect” (In re E.C.-1 and E.M.) 1. Introduction In In re E.C.-1 and...

Adoption Permanency Justifies Modifying Disposition 5 and Terminating Parental Rights After Material Change in Circumstances

Date: Mar 10, 2026

Adoption Permanency Justifies Modifying Disposition 5 and Terminating Parental Rights After Material Change in Circumstances I. Introduction In re G.C. (W. Va. Sup. Ct. App. Mar. 3, 2026) addresses...

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