West Virginia Case Commentaries

Diabetes as a “Confounding Condition” in Carpal Tunnel Claims: Deference to the Board’s Weighing of Medical Evidence

Date: Apr 29, 2026

Diabetes as a “Confounding Condition” in Carpal Tunnel Claims: Deference to the Board’s Weighing of Medical Evidence 1. Introduction In John Moore v. United Coal Company, LLC (W. Va. Apr. 24, 2026),...

Diabetes as a “Confounding Condition” Supports Denial of CTS Claims Where the Board Persuasively Credits Non-Occupational Causation

Date: Apr 28, 2026

Diabetes as a “Confounding Condition” Supports Denial of CTS Claims Where the Board Persuasively Credits Non-Occupational Causation 1. Introduction In John Moore v. United Coal Company, LLC (W. Va....

In re S.S.: Imminent Release, Acknowledged Substance Abuse, and Demonstrated Rehabilitation Require Meaningful Consideration of a Post-Adjudicatory Improvement Period

Date: Apr 27, 2026

In re S.S.: Imminent Release, Acknowledged Substance Abuse, and Demonstrated Rehabilitation Require Meaningful Consideration of a Post-Adjudicatory Improvement Period Introduction In In re S.S. (W....

Plain-Error Relief Is Unavailable for a Mens Rea Instruction Error That Raises the State’s Burden and Causes No Prejudice

Date: Apr 23, 2026

Plain-Error Relief Is Unavailable for a Mens Rea Instruction Error That Raises the State’s Burden and Causes No Prejudice 1. Introduction In State of West Virginia v. Darrell R. Sharp, II (Memorandum...

In re J.P.-1 and J.P.-2 — Battered-Parent Status Is Foreclosed by Findings of Participation/Acquiescence in Abuse; Severe Chronic Nonaccidental Injuries Support Aggravated-Circumstances and Termination

Date: Apr 23, 2026

Battered-Parent Status Is Foreclosed by Findings of Participation/Acquiescence in Abuse; Severe Chronic Nonaccidental Injuries Support Aggravated-Circumstances and Termination 1. Introduction Case:...

Juvenile-Transfer Sentencing: On-the-Record Consideration of W. Va. Code § 61-11-23(c) Need Not Enumerate Each Factor; Within-Limits Fixed-Term Sentences Are Not Proportionality-Reviewed Absent Impermissible Factors

Date: Apr 23, 2026

Juvenile-Transfer Sentencing: On-the-Record Consideration of W. Va. Code § 61-11-23(c) Need Not Enumerate Each Factor; Within-Limits Fixed-Term Sentences Are Not Proportionality-Reviewed Absent...

Intent for Stalking-Based Personal Safety Orders May Be Inferred from Deliberate Conduct Causing Emotional Distress

Date: Apr 23, 2026

Intent for Stalking-Based Personal Safety Orders May Be Inferred from Deliberate Conduct Causing Emotional Distress 1. Introduction In L.M. v. D.P. (Supreme Court of Appeals of West Virginia, April...

No Absolute Recording Requirement for Confessions; Officer-Written Confession Is Admissible When Adopted by the Accused

Date: Apr 23, 2026

No Absolute Recording Requirement for Confessions; Officer-Written Confession Is Admissible When Adopted by the Accused Introduction In State of West Virginia v. Harry Lee Steele (W. Va. Apr. 21,...

Identity in Sexual Assault May Be Proven Without In‑Court Identification; Child-Victim Uncorroborated Testimony Instruction Valid When Charge as a Whole Preserves Burden of Proof

Date: Apr 23, 2026

Identity in Sexual Assault May Be Proven Without In‑Court Identification; Child-Victim Uncorroborated Testimony Instruction Valid When Charge as a Whole Preserves Burden of Proof 1. Introduction In...

West Virginia: Mineral Reservations Require Certain and Definite Deed Language—A Mere Reference to a Prior “Surface” Deed or “Subject To” Clause Will Not Re-Sever Minerals After Merger

Date: Apr 9, 2026

Mineral Reservations Require Certain and Definite Deed Language—A Mere Reference to a Prior “Surface” Deed or “Subject To” Clause Will Not Re-Sever Minerals After Merger Case: Joseph Wells,...

Five-Year Election Code Limitations Period Governs Misdemeanor Election Offenses Despite General One-Year Misdemeanor Statute

Date: Apr 9, 2026

Five-Year Election Code Limitations Period Governs Misdemeanor Election Offenses Despite General One-Year Misdemeanor Statute Introduction In State ex rel. State of West Virginia v. Honorable James...

Prohibition Denied Absent “Clear Error of Law” When Competing Statutes of Limitation Plausibly Apply

Date: Apr 9, 2026

Prohibition Denied Absent “Clear Error of Law” When Competing Statutes of Limitation Plausibly Apply Case: State ex rel. State of West Virginia v. Honorable James Young, sitting by assignment as...

Threatened International Removal of a Child as “Creating Fear of Physical Harm” Supporting a DVPO Under W. Va. Code § 48-27-202(3)

Date: Apr 4, 2026

Threatened International Removal of a Child as “Creating Fear of Physical Harm” Supporting a DVPO Under W. Va. Code § 48-27-202(3) 1. Introduction In Ahmad A. v. Kimberly A. (W. Va. Sup. Ct. App....

In re A.E.: No Post-Permanency DHS Funding for Visitation Absent Explicit Statutory Authority

Date: Mar 29, 2026

In re A.E.: No Post-Permanency DHS Funding for Visitation Absent Explicit Statutory Authority 1. Introduction In re A.E. is a child abuse and neglect appeal from the Circuit Court of Hancock County...

Crawford Did Not Overrule Maryland v. Craig: West Virginia Upholds Child Closed-Circuit Testimony Statutes and Treats Statutory Citations After the Constitutional Indictment Conclusion as Surplusage

Date: Mar 28, 2026

Crawford Did Not Overrule Maryland v. Craig: West Virginia Upholds Child Closed-Circuit Testimony Statutes and Treats Statutory Citations After the Constitutional Indictment Conclusion as Surplusage...

Rule 1.3 Diligence Is Owed to the Client—Opposing-Party Delay Complaints Do Not Create a Presumption of Client Harm

Date: Mar 28, 2026

Rule 1.3 Diligence Is Owed to the Client—Opposing-Party Delay Complaints Do Not Create a Presumption of Client Harm Case: Lawyer Disciplinary Board v. Phillip S. Isner Court: Supreme Court of Appeals...

Guardianship Does Not Bar Abuse/Neglect Adjudication; Termination May Proceed Despite a Fit Nonabusing Parent When No Reasonable Likelihood of Correction

Date: Mar 27, 2026

Guardianship Does Not Bar Abuse/Neglect Adjudication; Termination May Proceed Despite a Fit Nonabusing Parent When No Reasonable Likelihood of Correction 1. Introduction In In re K.P., A.T.-1, B.T.,...

Refusal to Acknowledge Substance Abuse and Decline Inpatient Treatment Justifies Denial of Improvement Period and Supports Termination Without Less Restrictive Alternatives

Date: Mar 27, 2026

Refusal to Acknowledge Substance Abuse and Decline Inpatient Treatment Justifies Denial of Improvement Period and Supports Termination Without Less Restrictive Alternatives 1. Introduction Case: In...

Post-Termination Visitation in West Virginia: A Child’s Best-Interest Right That Cannot Be Delegated to Custodians

Date: Mar 27, 2026

Post-Termination Visitation in West Virginia: A Child’s Best-Interest Right That Cannot Be Delegated to Custodians Introduction In re M.C. (No. 25-392) is a memorandum decision of the Supreme Court...

Nonparticipation and Refusal to Engage with DHS as Clear and Convincing Proof Supporting Termination Without Lesser Alternatives (In re M.F.)

Date: Mar 27, 2026

Nonparticipation and Refusal to Engage with DHS as Clear and Convincing Proof Supporting Termination Without Lesser Alternatives (In re M.F.) Court: Supreme Court of Appeals of West Virginia Decision...