· 4/25/2014
In Re J.S. and D.S. in Re D.S., B.S., I.S., F.S., and M.S
Citations
- 233 W. Va. 394
- 758 S.E.2d 747
- 2014 WL 1659220
- 2014 W. Va. LEXIS 501
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the Sixth Amendment’s Confrontation Clause does not apply in child abuse and neglect hearings because they are “civil rather than criminal action[s]”
- determining that children’s videotaped interviews fell under the residual exception to the hearsay rules and only the circuit court could determine the trustworthiness of those children’s testimony. After setting out when exclusion of children’s testimony is required, Rule 8(a
- “The fundamental requirement of procedural due process in a civil proceeding is ‘the opportunity to be heard at a meaningful time and in a meaningful manner.’” (quoting Mathews v. Eldridge, 424 U.S. 319, 333 (1976))
- “[T]his Court allocates significant discretion to the circuit court in making evidentiary rulings. Unlike a jury, a trial judge in a bench trial is presumed to know the law and to follow it and this presumption may only be rebutted when the record shows otherwise.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Workman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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