West Virginia Case Commentaries

Relapse After Reunification as Proof of “No Reasonable Likelihood” and a Best-Interests Bar to Post‑Termination Visitation

Date: Mar 10, 2026

Relapse After Reunification as Proof of “No Reasonable Likelihood” and a Best-Interests Bar to Post‑Termination Visitation Case: In re G.H.-1, J.H.-1, G.H.-2, J.H.-2, and J.W. (No. 25-373) Court:...

In re I.B.-1, I.B.-2, and R.B.: Termination Affirmed Where the Court’s Written Order (Not Oral Remarks) Controls and Noncompliance Makes Domestic-Violence Conditions “Uncorrected”

Date: Mar 10, 2026

In re I.B.-1, I.B.-2, and R.B.: Termination Affirmed Where the Court’s Written Order (Not Oral Remarks) Controls and Noncompliance Makes Domestic-Violence Conditions “Uncorrected” Introduction In In...

Termination May Rest on Noncompliance and Denial of Domestic Violence Conditions—And Courts “Speak Only Through Their Orders”

Date: Mar 10, 2026

Termination May Rest on Noncompliance and Denial of Domestic Violence Conditions—And Courts “Speak Only Through Their Orders” 1. Introduction Case: In re I.B.-1, I.B.-2, and R.B.-1 (W. Va. Sup. Ct....

In re I.E.-S.: “Failure to Remedy Prior-Termination Conditions” Findings Do Not Shift the DHS Burden; Substantive Findings Can Sustain Neglect Adjudication Without Statutory “Magic Words”

Date: Mar 10, 2026

In re I.E.-S.: “Failure to Remedy Prior-Termination Conditions” Findings Do Not Shift the DHS Burden; Substantive Findings Can Sustain Neglect Adjudication Without Statutory “Magic Words” Court:...

Repeat Exposure to a Barred Parent Justifies Denial of a Second Post‑Adjudicatory Improvement Period and Supports Termination

Date: Mar 10, 2026

Repeat Exposure to a Barred Parent Justifies Denial of a Second Post‑Adjudicatory Improvement Period and Supports Termination 1. Introduction Case: In re J.B. and E.B. (Supreme Court of Appeals of...

In re J.B.-1: Substantial-Compliance and Substantial-Change Gatekeeping for Improvement Periods; Incarceration Not a Shield Where Noncompliance Predates Custody

Date: Mar 10, 2026

In re J.B.-1: Substantial-Compliance and Substantial-Change Gatekeeping for Improvement Periods; Incarceration Not a Shield Where Noncompliance Predates Custody 1. Introduction Case: In re J.B.-1,...

Fixed-Term Improvement Periods Expire by Their Own Terms; Termination May Proceed Without Less Restrictive Alternatives Upon “No Reasonable Likelihood” Findings

Date: Mar 10, 2026

Fixed-Term Improvement Periods Expire by Their Own Terms; Termination May Proceed Without Less Restrictive Alternatives Upon “No Reasonable Likelihood” Findings 1. Introduction Case: In re O.T.,...

In re R.W., H.S., and W.S.: Waiver of Rule 32 Timing Claims and “Futility” Justifying Termination After Recurrent Neglect

Date: Mar 10, 2026

In re R.W., H.S., and W.S.: Waiver of Rule 32 Timing Claims and “Futility” Justifying Termination After Recurrent Neglect Court: Supreme Court of Appeals of West Virginia Date: March 3, 2026...

Substantial-Change Requirement for Successive Improvement Periods After FTC Noncompliance

Date: Mar 10, 2026

Substantial-Change Requirement for Successive Improvement Periods After FTC Noncompliance 1. Introduction Case: In re S.A.-1, D.A.-1, S.A.-2, K.A., and R.A. Court: Supreme Court of Appeals of West...

Competent Medical Causation Required to Add Conditions; TTD Denied Where Wage Loss Is Unrelated to the Compensable Injury; Reopening Requires Prima Facie New Facts in the Record

Date: Feb 19, 2026

Competent Medical Causation Required to Add Conditions; TTD Denied Where Wage Loss Is Unrelated to the Compensable Injury; Reopening Requires Prima Facie New Facts in the Record 1. Introduction In...

Supervised-Release Revocation Proportionality Turns on Breach of Trust, Not the Standalone Gravity of New Offenses

Date: Feb 19, 2026

Supervised-Release Revocation Proportionality Turns on Breach of Trust, Not the Standalone Gravity of New Offenses 1. Introduction Case: State of West Virginia v. Devon Woodward Court: Supreme Court...

Permanency Over Delay: A Circuit Court May Proceed to Termination When a Parent and Newly Retained Counsel Fail to Appear for Final Disposition After Notice

Date: Feb 19, 2026

Permanency Over Delay: A Circuit Court May Proceed to Termination When a Parent and Newly Retained Counsel Fail to Appear for Final Disposition After Notice 1. Introduction In In re Z.T., C.G., and...

Merits-First Review of Rule 35(b) Leniency Motions: No Need to Decide Home-Incarceration Authority When Denial Rests on Totality of Circumstances

Date: Feb 13, 2026

Merits-First Review of Rule 35(b) Leniency Motions: No Need to Decide Home-Incarceration Authority When Denial Rests on Totality of Circumstances Case: State of West Virginia v. Charlton A. Horton,...

Public-Interest Discretion to Reject Late, Sentencing-Limiting Pleas and to Uphold Sexual-Abuse Convictions and Extended Supervised Release Within Statutory Limits

Date: Feb 13, 2026

Public-Interest Discretion to Reject Late, Sentencing-Limiting Pleas and to Uphold Sexual-Abuse Convictions and Extended Supervised Release Within Statutory Limits Introduction In State of West...

Reaffirming Limits on Post‑Trial Enhancements: Bad‑Faith Fee Shifting, Taxable Deposition Costs, Prejudgment Interest, and Punitive-Damages Instructions

Date: Feb 13, 2026

Reaffirming Limits on Post‑Trial Enhancements: Bad‑Faith Fee Shifting, Taxable Deposition Costs, Prejudgment Interest, and Punitive-Damages Instructions 1. Introduction In John D. Chaudron and Linda...

Dismissed Charges Listed in a Rule 32 PSI Are Not an Impermissible Sentencing Factor Absent Proof of Reliance or Inaccuracy — State of West Virginia v. Anthony Hairston

Date: Feb 13, 2026

Dismissed Charges Listed in a Rule 32 PSI Are Not an Impermissible Sentencing Factor Absent Proof of Reliance or Inaccuracy Introduction In State of West Virginia v. Anthony Hairston, No. 23-674...

No Fourth Amendment “Standing” to Suppress Evidence from a Stolen Vehicle; Welfare-Check Entry Sustained Under the Community Caretaker Doctrine

Date: Feb 13, 2026

No Fourth Amendment “Standing” to Suppress Evidence from a Stolen Vehicle; Welfare-Check Entry Sustained Under the Community Caretaker Doctrine Introduction In State of West Virginia v. William...

In re A.O. and J.O.: Guilty-Plea Admissions and Statutory Imputation Permit Adjudication of Siblings (Including After-Born Children) Without Creating a Jurisdictional Defect

Date: Feb 1, 2026

In re A.O. and J.O.: Guilty-Plea Admissions and Statutory Imputation Permit Adjudication of Siblings (Including After-Born Children) Without Creating a Jurisdictional Defect Supreme Court of Appeals...

In re E.L. and N.L.: Persistent Denial After Prior Improvement Periods Establishes “No Reasonable Likelihood” and Supports Termination

Date: Feb 1, 2026

Persistent Denial After Prior Improvement Periods Establishes “No Reasonable Likelihood” and Supports Termination of Parental Rights Introduction In re E.L. and N.L. (W. Va. Jan. 29, 2026) is a...

In re G.W. (W. Va. Jan. 29, 2026): Recent Relapse After Prior Improvement Periods Justifies Denial of Another Improvement Period and Termination Without Less Restrictive Alternatives

Date: Feb 1, 2026

In re G.W. (W. Va. Jan. 29, 2026): Recent Relapse After Prior Improvement Periods Justifies Denial of Another Improvement Period and Termination Without Less Restrictive Alternatives 1. Introduction...

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