STATE v. NOWICKI-ELDRIDGE

No. 22-787.

888 S.E.2d 866 (2023)

STATE of West Virginia EX REL. the DELAWARE TRIBE OF INDIANS, Intervenor below, Petitioner, v. The Honorable Stacy NOWICKI-ELDRIDGE, Judge of the Circuit Court of Boone County, K.A. and E.A., Intervening Foster Parents of I.R., A.S., Intervenor and Prospective Kinship Placement of I.R., M.J.-1 and M.J.-2, Proposed Intervenors and Prospective Kinship Placement of I.R., B.D., Respondent Father of I.R., and I.R., Subject Child of the Petition Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 12, 2023.


Attorney(s) appearing for the Case

Jeremy B. Cooper, Esq. , Blackwater Law PLLC, Aspinwall, Pennsylvania, Counsel for the Petitioner.

Patrick Morrisey, Esq. , Attorney General, Andrew T. Waight, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for the Respondent DHHR.

Matthew M. Hatfield, Esq. , Hatfield & Hatfield, PLLC, Madison, West Virginia, Counsel for Respondent Father B.D.

Allison K. Huson, Esq. , Law Office of Allison K. Huson, Huntington, West Virginia, Counsel for Intervening Foster Parents K.A. and E.A.

Joseph H. Spano, Jr., Esq. , Pritt & Spano, PLLC, Charleston, West Virginia, Counsel for Intervenor A.S.

Adam Campbell, Esq. , Campbell & Smith PLLC, Charleston, West Virginia, Counsel for Proposed Intervenors M.J.-1 and M.J.-2.

Moriah N. Myers, Esq. , Moriah Myers— Huntington, Huntington, West Virginia, Guardian ad litem.


Petitioner, The Delaware Tribe of Indians ("the Tribe"), seeks a writ of prohibition precluding the Circuit Court of Boone County from enforcing its September 30, 2022, order denying the Tribe's motion to transfer the underlying abuse and neglect proceedings to the District Court of the Delaware Tribe ("the tribal court") pursuant...

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