Rory Perry: Topics-FamilyInformation about recent WV Supreme Court cases and opinions involving issues of family law.Final September opinions summarized, three cases held over- December 15, 2006 Issue 90 of the Opinion Summary service is posted, covering the final 24 opinions issued for cases argued in the September 2006 term. The opinions in the following three cases argued this term will be held over until next term, when the opinions will issue in due course. The cases are listed below, along with a link to the day the case was argued, where briefs are available. STATE v. MULLENS, No. 33073 (constitutionality of warrantless audio and video recordings obtained by undercover police...http://www.state.wv.us/wvsca/Clerk/Topics/Family/2006/12/15.html#a1206 ABUSE & NEGLECT :: Court can direct Department to amend petition- December 15, 2006 IN RE: RANDY H., APRIL G., BRITTANY T. AND MEGAN H., No. 33086 (STARCHER, J.)(November 30, 2006). Guardians ad litem for four children appealed an order of the Circuit Court of Hardy County that dismissed an abuse and neglect case. Reversing, and holding that the circuit court had authority to compel the Department to further investigate additional allegations of abuse and had a duty to make findings of fact and conclusions of law regarding those allegations. Holding, in syllabus point 5:...http://www.state.wv.us/wvsca/Clerk/Topics/Family/2006/12/15.html#a1205 ABUSE & NEGLECT :: Duties of guardians ad litem- December 15, 2006 IN RE: CHRISTINA W., SISSY W., AND LISA W., No. 33133 (DAVIS, C.J.)(November 29, 2006). WVDHHR appealed an order of the Circuit Court of Mercer County denying the Department's motion to remove guardian ad litem. Affirming, and addressing situation where guardian is asked to keep abuse confidential. Holding that the role of a guardian is similar to the role of an attorney in an attorney-client relationship, and therefore, as a general rule, the Rules of Professional Conduct apply. However,...http://www.state.wv.us/wvsca/Clerk/Topics/Family/2006/12/15.html#a1204 FAMILY, CONTRACTS :: No mutual mistake in property settlement- December 15, 2006 MARTHA F. RYAN v. CHARLES E. RYAN, No. 33004 (BENJAMIN, J.)(Davis, C.J., disqualified)(Wilson, Judge, by temporary assignment)(December 1, 2006). Petitioner wife appealed an order of the Circuit Court of Kanawha County refusing her petition for appeal and affirming the family court's final order denying her petition for modification seeking to extend her monthly rehabilitative alimony payments. Affirming the denial of extended alimony, and holding, in syllabus point 3 that: "A contract may...http://www.state.wv.us/wvsca/Clerk/Topics/Family/2006/12/15.html#a1193 FAMILY, ABUSE & NEGLECT :: Minor may file domestic violence petition; judicial reporting of abuse- December 15, 2006 KATHERINE B.T. v. SALLY G. JACKSON, FAMILY COURT JUDGE, et al., No. 33005 (STARCHER, J.)(Maynard, J., dissenting)(November 30, 2006). Petitioner appealed an order of the Circuit Court of Jefferson County that denied her petition for a writ of prohibition seeking to prohibit the effect of orders entered by the family court in a domestic violence proceeding brought against petitioner by her minor son. Affirming the lower court's decision, and holding that a minor may file a petition for a...http://www.state.wv.us/wvsca/Clerk/Topics/Family/2006/12/15.html#a1191 |