Pittsburgh, PA asked in Appeals / Appellate Law for West Virginia

Q: In wv, what happens if you win an appeal twice in the same case? Will the supreme court remand the case a second time?

This is an abuse and neglect case. My rights were terminated, on appeal, the wv supreme court vacated the termination and remanded the case. Now the circuit court is making the same reversible error the sc remanded the case for. Will they remand it again with the same opinion? I'm worried my rights will be terminated again in the end. The judge and prosecutor seem to be sour about the appeal and seem to have it out for me.

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1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Columbia, MD

A: The trial court and the prosecutor are bound by the appellate court's opinion and order. If the trial court acts in a way that shows non-compliance with that order, the trial court risks censure.

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