West Virginia Case Commentaries

Absconding Is Not a Waiver of the Presentence Investigation: West Virginia Clarifies Rule 32’s Conjunctive Requirements in State v. DePriest

Date: Oct 30, 2025

Absconding Is Not a Waiver of the Presentence Investigation: West Virginia Clarifies Rule 32’s Conjunctive Requirements in State v. DePriest Court: Supreme Court of Appeals of West Virginia Date:...

Absconding Does Not Waive the Right to a Presentence Investigation: The Conjunctive Rule 32(b)(1) Mandate in State v. DePriest

Date: Oct 30, 2025

Absconding Does Not Waive the Right to a Presentence Investigation: The Conjunctive Rule 32(b)(1) Mandate in State v. DePriest Introduction In State of West Virginia v. James Carroll DePriest, the...

Supreme Court of Appeals of West Virginia Affirms De Novo Authority Over Stipulated Violations and Clarifies Which Judicial Conduct Rules Apply to Appointive Candidates

Date: Oct 30, 2025

Supreme Court of Appeals of West Virginia Affirms De Novo Authority Over Stipulated Violations and Clarifies Which Judicial Conduct Rules Apply to Appointive Candidates Introduction In In the Matter...

Search-Incident-to-Arrest Valid Despite CAD Timestamp Discrepancy; Suspect-Assisted Retrieval of Concealed Contraband Is Non‑Testimonial

Date: Oct 30, 2025

Search-Incident-to-Arrest Valid Despite CAD Timestamp Discrepancy; Suspect-Assisted Retrieval of Concealed Contraband Is Non‑Testimonial Introduction In State of West Virginia v. Roderick Levi Howard...

De Novo Means De Novo: West Virginia High Court Refuses to Be Bound by Disciplinary Stipulations and Clarifies Status-Specific Reach of Judicial Conduct Rules in In re Boso

Date: Oct 30, 2025

De Novo Means De Novo: West Virginia High Court Refuses to Be Bound by Disciplinary Stipulations and Clarifies Status-Specific Reach of Judicial Conduct Rules in In re Boso Introduction In a...

Deference on Arrest Timing: Officer Testimony May Outweigh CAD Timestamps to Uphold a Search Incident to Arrest

Date: Oct 30, 2025

Deference on Arrest Timing: Officer Testimony May Outweigh CAD Timestamps to Uphold a Search Incident to Arrest Introduction In State of West Virginia v. Roderick Levi Howard (No. 24-88), the Supreme...

Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction

Date: Oct 22, 2025

Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction Introduction In State of West Virginia v. Timothy W. (No. 23-518),...

Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct

Date: Oct 22, 2025

Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct Introduction In Susan Casdorph v. City of...

Ordinance Amendments Moot Broad Challenges; Extraordinary Writs Cannot Compel Discretionary Municipal Permit Decisions Absent Arbitrary Action — Commentary on Susan Casdorph v. City of South Charleston

Date: Oct 22, 2025

Ordinance Amendments Moot Broad Challenges; Extraordinary Writs Cannot Compel Discretionary Municipal Permit Decisions Absent Arbitrary Action Comprehensive Commentary on Susan Casdorph v. City of...

Speculative Sleep Is Not “Reasonable Evidence”: West Virginia Limits Unconsciousness (Automatism) Jury Instructions to Proof Tied to the Moment of the Offense

Date: Oct 22, 2025

Speculative Sleep Is Not “Reasonable Evidence”: West Virginia Limits Unconsciousness (Automatism) Jury Instructions to Proof Tied to the Moment of the Offense Introduction This commentary analyzes...

Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody

Date: Oct 16, 2025

Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody Case: In re K.M. and L.M., No. 24-679 (W. Va. Oct. 14, 2025) — Supreme Court of Appeals of West...

Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025)

Date: Oct 16, 2025

Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025) Introduction In...

Relapse and Non‑Participation During Improvement Periods Establish “No Reasonable Likelihood” and Permit Termination Without Less Restrictive Alternatives: Commentary on In re K.M. and L.M.

Date: Oct 15, 2025

Relapse and Non‑Participation During Improvement Periods Establish “No Reasonable Likelihood” and Permit Termination Without Less Restrictive Alternatives: Commentary on In re K.M. and L.M....

Rule 26(a) Stipulations Alone Can Support Adjudication When Children Are in the Parent’s Custody: In re K.M. and L.M. (W. Va. 2025)

Date: Oct 15, 2025

Rule 26(a) Stipulations Alone Can Support Adjudication When Children Are in the Parent’s Custody Case: In re K.M. and L.M., No. 24-679 (Supreme Court of Appeals of West Virginia, Oct. 14, 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

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....

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation (In re D.G. and L.G.)

Date: Oct 1, 2025

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation Commentary on In re D.G. and L.G., No. 24-595 (W. Va. Sept. 30,...

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists

Date: Oct 1, 2025

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists Introduction In a memorandum decision issued on...

Noncompliance and Open‑Ended Incarceration: Termination Without Less Restrictive Alternatives and No Post‑Dispositional Improvement Period

Date: Oct 1, 2025

Noncompliance and Open‑Ended Incarceration: Termination Without Less Restrictive Alternatives and No Post‑Dispositional Improvement Period Case: In re A.F. and H.J., No. 24-574 Court: Supreme Court...