Summary
The West Virginia Supreme Court of Appeals affirmed the termination of petitioner father M.N.'s parental rights to four children. The court held that the circuit court had sufficient evidence to find that petitioner manufactured methamphetamine in the residence and was unable to substantially correct the conditions of abuse and neglect. The court also noted deficiencies in petitioner's appellate brief but reviewed the merits and found no error.
Holdings
- The circuit court did not err in finding sufficient evidence to support termination of petitioner's parental rights.
- The Supreme Court will not second-guess the circuit court's credibility determinations when the circuit court, as fact-finder, resolved conflicting testimony on a record supporting its findings.
- The Court may disregard errors and arguments that are not adequately supported by specific record references and legal authority under West Virginia Rule of Appellate Procedure 10(c)(7).
Questions Presented
- Whether the circuit court had sufficient clear and convincing evidence to adjudicate petitioner as an abusing parent and terminate his parental rights.
- Whether the circuit court erred in relying on testimony and petitioner's recorded statement to find that he manufactured and used methamphetamine.
- Whether petitioner's appellate challenge should be disregarded because his brief failed to comply with West Virginia Rule of Appellate Procedure 10(c)(7).
Disposition
affirmed
Cases Cited (8)
- In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
- Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
- State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
- State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
- In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
- In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
- Michael D.C. v. Wanda L.C., 201 W. Va. 381, 497 S.E.2d 531 (1997)(followed)
- Bartles v. Hinkle, 196 W. Va. 381, 472 S.E.2d 827 (1996)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…