Legal Opinion · Dissent

In Re: S.H.

West Virginia Supreme Court

Decided June 16, 2016No. 15-0708Separate

1DissentLoughry, Justice

I concur with the majority’s conclusion that the circuit court correctly adjudicated S.H. as an abused child at the hands of her grandmother, the petitioner M.H. However, by reversing the termination of guardianship and reinstating the petitioner’s post-adjudicatory improvement period, the majority has cavalierly disregarded the petitioner’s abusive conduct and criminal conviction. This Court on appeal “may not overturn a finding simply because it would have decided the case differently[.J” Syl. Pt. 1, in part, In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996). Because the…

2Cases cited11 opinions

  1. In Interest of Tiffany Marie S.West Virginia Supreme Court · 1996
  2. In re Charity H.West Virginia Supreme Court · 2004
  3. In Re M.M., B.M., C.Z., and C.SWest Virginia Supreme Court · 2015
  4. In the Interest of Carlita B.West Virginia Supreme Court · 1991
  5. In Re B.H. and S.SWest Virginia Supreme Court · 2014

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