West Virginia Supreme Court

The West Virginia Supreme Court granted the Tribe’s petition for a writ of prohibition because the circuit court clearly erred in finding good cause to retain the Indian child-welfare proceeding in state court.

The West Virginia Supreme Court reversed the circuit court’s adjudicatory order finding the mother a neglectful parent and its dispositional order terminating her parental rights, holding that the lower court abused its discretion by relying on an unwarranted adverse inference of substance abuse without clear and…

The court affirmed dismissal of Stephen U.’s claims, rejecting his contention that the ICA lacked jurisdiction because the circuit court’s dismissal order finally terminated the litigation.

The Court granted the State’s petition for a writ of prohibition because the circuit court used Rule 35(a) to reduce a sentence that was not illegal, although the time to seek a reduction under Rule 35(b) had long expired.

The Court adopted the Hearing Panel Subcommittee’s findings that Bailey committed forty-one professional-conduct violations, concluding that he could not disavow joint factual stipulations he had submitted.

The Court upheld the mother’s adjudication for emotional abuse and domestic violence and affirmed the termination of her custodial and guardianship rights, concluding that she had not sufficiently addressed the abuse and that the disposition served the children’s best interests.

The West Virginia Supreme Court of Appeals affirmed the conviction of Rida Shahid Hendershot, holding that the trial court did not abuse its discretion in admitting hearsay and other‑acts evidence, in permitting expert testimony on domestic‑violence patterns, and in finding the evidence sufficient to support the…

The West Virginia Supreme Court reversed Brendan W.'s conviction for sexual abuse in the first degree because the indictment failed to allege the essential elements of West Virginia Code § 61‑8B‑7(a)(3), making the jury instruction an improper amendment, and affirmed his conviction for sexual abuse by a parent…

The West Virginia Supreme Court of Appeals reversed the circuit court’s order denying Credit Acceptance Corporation’s motion to compel arbitration, holding that the corporation did not waive its contractual right to arbitrate.

Beckley Water Company appealed the West Virginia Public Service Commission’s order that designated the Appalachian Heights site as a gray and overlapping water service territory, arguing the Commission lacked authority to reopen its prior exclusive‑service decision and erred in its analysis.

The West Virginia Supreme Court of Appeals affirmed the circuit court’s denial of a mistrial, upheld its witness‑sequestration procedures, and found the sentencing order neither excessive nor disproportionate, rejecting the petitioner’s claims on all grounds.

The Court denied WVUH's petition for a writ of prohibition. It held that although a total failure to provide a statutorily required pre-suit notice may deprive a circuit court of subject matter jurisdiction, alleged deficiencies in the contents of a screening certificate of merit do not.

The West Virginia Supreme Court granted the State’s petition for a writ of prohibition, holding that the circuit court exceeded its legitimate powers by ordering dismissal of the obstruction charge, and reinstated the criminal complaint.

The West Virginia Supreme Court denied the State's petition for a writ of prohibition, holding that the circuit court did not exceed its jurisdiction in suppressing evidence obtained from an overbroad, non‑particular search warrant.

The West Virginia Supreme Court of Appeals held that the Intermediate Court of Appeals lacked jurisdiction to review the partial dismissals of claims against Ms. Abrams and Mrs. Hopkins because the orders were not final under Rule 54(b), vacating that portion of the ICA decision and remanding for further proceedings.

The West Virginia Supreme Court vacated the circuit court’s adjudicatory and supplemental orders concerning child F.B. because the lower court failed to make the statutory findings of fact required by West Virginia Code § 49‑4‑601(i) and Rule 27.

The West Virginia Supreme Court affirmed the circuit court’s adjudication that Father abused and neglected his newborn son B.J., finding that the court did not abuse its discretion in relying on the father’s prior involuntary termination of rights and the lack of changed circumstances, and that the Department of Human…

The West Virginia Supreme Court affirmed the circuit court’s acceptance of Mathew M.’s guilty plea and sentencing, holding that the trial court did not err in its competency findings, its lack of additional competency inquiry, or its plea colloquy.

The West Virginia Supreme Court vacated the circuit court’s order terminating the parents’ rights and remanded for compliance with statutory due‑process requirements, holding that a parent cannot be dismissed as a party while retaining parental rights and that termination must follow the full dispositional hearing and…

The court affirmed Rose’s convictions and sentence, holding that his challenges to his police statement, the testimony of a drug-tested witness, and the prosecutor’s alleged conflict were waived or unpreserved, and that he failed to preserve his Confrontation Clause challenge to an absent witness’s recorded statement.

The West Virginia Supreme Court dismissed Raze International’s appeal as moot because the demolition project at issue was completed and the relief sought—injunction, mandamus, and declaratory judgment—could no longer be granted.

The West Virginia Supreme Court reversed the Intermediate Court of Appeals and remanded, holding that West Virginia National must prove prejudice to deny uninsured motorist coverage because the policy’s language makes prejudice the only condition for denial.

The West Virginia Supreme Court of Appeals answered a certified question, holding that the gross disproportionality rule may apply in breach of construction contract cases, that it is calculated by the diminution‑in‑value approach, that the breaching party bears the burden of proving it, and that if the breaching…

The West Virginia Supreme Court of Appeals vacated the circuit court’s order accepting Richard Page’s 2003 guilty plea and sentencing, and remanded for a proper fair‑and‑just‑reason analysis under Rule 32(e).

The West Virginia Supreme Court affirmed the circuit court’s conviction for felony animal cruelty, holding that the misdemeanor animal cruelty statute is not a lesser‑included offense of the felony provision and therefore the trial court did not err in refusing a jury instruction.

The West Virginia Supreme Court of Appeals granted the petition for a writ of habeas corpus, holding that the two‑term rule in W. Va. Code § 62‑2‑12 is triggered at the moment a defendant is arrested and jailed, and that the term of court in which the arrest occurs does not count toward the two‑term calculation.

The Court held that a health care provider-patient relationship existed during the decedent's initial assessment at the medication-assisted treatment center, even though the center ultimately denied him admission to its treatment program.

The West Virginia Supreme Court of Appeals held that the circuit court abused its discretion by refusing to allow the petitioner to question juror Carrie Collins during a post‑trial hearing on alleged juror misconduct, vacated the lower court’s order and remanded for a new hearing permitting such testimony.

The West Virginia Supreme Court of Appeals affirmed the Intermediate Court of Appeals’ rulings that Equinor’s settlement‑statement Net Value, not the Product Value, represents the statutory "gross proceeds" for severance tax purposes and that the company may claim the fifteen‑percent safe‑harbor deduction; it reversed…

The West Virginia Supreme Court of Appeals reversed Jeffrey John Paglia’s convictions for grand larceny and conspiracy because the trial court erred in admitting unredacted body‑camera audio about his prior federal supervised release, finding the evidence was not intrinsic and that the error was not harmless.

The West Virginia Supreme Court of Appeals dismissed the petitioner's appeal because the circuit court's plea and conviction order, issued without a sentence, does not constitute a final judgment; therefore the Court lacks appellate jurisdiction.

The Court vacated the termination of the mother's parental rights because the circuit court relied on substance abuse, mental-health treatment, prenatal care, and housing conditions that were either not properly adjudicated or were not proven by the required standard.

The West Virginia Supreme Court of Appeals granted the Department of Human Services’ petitions for writs of prohibition, holding that the circuit court lacked jurisdiction to compel DHS to produce information about local Child Protective Services because the orders were not grounded in a justiciable case or…

The West Virginia Supreme Court of Appeals held that the circuit court abused its discretion in denying a post‑adjudicatory improvement period to the petitioner and consequently vacated the termination of his parental rights, remanding for further proceedings.

The West Virginia Supreme Court affirmed the Intermediate Court of Appeals’ decision, holding that the Workers’ Compensation Board of Review’s factual findings were not clearly wrong and the claimant failed to meet his burden of proof to add cervical disc displacement at C5‑C6 as a compensable condition.

The West Virginia Supreme Court affirmed the Intermediate Court of Appeals’ decision, finding no reversible error in the Workers’ Compensation Board of Review’s denial of secondary conditions, and applied de novo review to the legal issue while deferring to factual findings unless clearly wrong.

The Supreme Court of Appeals of West Virginia affirmed the Intermediate Court of Appeals’ decision, finding no reversible error in the Workers’ Compensation Board of Review’s order granting a 0% permanent partial disability award.

The West Virginia Supreme Court affirmed the Intermediate Court of Appeals’ decision, finding no reversible error in the denial of the claimant’s request to add CRPS, lumbar radiculopathy, swelling of the lower leg, and PTSD as compensable conditions.

The West Virginia Supreme Court affirmed the Intermediate Court of Appeals’ decision upholding the Workers’ Compensation Board of Review’s denial of lumbar radiculopathy as a compensable condition, finding no reversible error and applying de novo review to legal questions while deferring to factual findings unless…

The West Virginia Supreme Court of Appeals affirmed the Intermediate Court of Appeals’ decision, finding no reversible error in the Workers’ Compensation Board of Review’s denial of authorization for a walk‑in Jacuzzi bathtub and shower and for the replacement of front‑porch boards.