Case law

State v. Day

225 W. Va. 794 · West Virginia Supreme Court · Jun 18, 2010

Castle be qualified as an expert in “crime scene investigation” and “crime scene reconstruction,” counsel for Appellant 13 stated, “Based upon his experience and training and many times being qualified, I have absolutely … As previously set forth, the record clearly demonstrates that Appellant accepted Sgt.

State ex rel. Regional Jail & Correctional Facility Authority v. County Commission of Cabell County

222 W. Va. 1 · West Virginia Supreme Court · Nov 21, 2007

Another area in which guidance would be useful is the issue of what types of costs qualify as those intended to be viewed as “indirect.” … Lipscomb was clearly intended, but perhaps not properly documented, to attend as the statutorily permitted “designated representative” for Mr. Sussman.

State Ex Rel. Fox v. Brewster

140 W. Va. 235 · West Virginia Supreme Court · Oct 12, 1954

Session, 1947, amending and reenacting Code, 18-2-1, to vest in the governor the power to appoint a member of the board of education during the recess of the Senate, whenever the term of a de jure member expires, appears clearly … Legislature, which was organized and convened on January 14, 1953, acted on Governor Patteson’s appointment of the respondent for the term as member of the West Virginia Board of Education ending on June 30, 1961, appears clearly

Patricia Hudson v. Karen L. Bowling, Sec. W. Va. DHHR

232 W. Va. 282 · West Virginia Supreme Court · Nov 6, 2013

Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970), “are a matter of statutory entitlement for persons qualified to receive them.” Id., at 262 [ 90 S.Ct. 1011 ] (footnote omitted). … None of the other evidence submitted by DHHR in any way establishes that the petitioner and Mr. Hudson lived together *297 from May, 2010, through September, 2011; at best, it established that Mr.

State v. Stevenson

147 W. Va. 211 · West Virginia Supreme Court · Jul 25, 1962

A homicide becomes a criminal offense only if the corpus delicti is established just as in any other offense. In State v. Beale, 104 W. Va. 617 , 141 S. … When the State has established by the requisite proof the corpus delicti the presumption is that it is murder of the second degree.

Tug Valley Pharmacy, LLC v. All Below

235 W. Va. 283 · West Virginia Supreme Court · May 13, 2015

Additionally, like most rules, the wrongful conduct rule is not immune to categorical exceptions. … As noted above, our rule of modified comparative negligence was first established by this Court in Bradley.

Anderson v. Kunduru

215 W. Va. 484 · West Virginia Supreme Court · Jul 6, 2004

The court must explain its reasons clearly on the record if it decides a sanction is appropriate. … The parties continue to dispute whether any of their opponents’ experts are qualified to render opinions on any issue.

Tearney v. Marmiom

103 W. Va. 394 · West Virginia Supreme Court · Mar 15, 1927

Prom written memorandum filed by the circuit court it appears that its final ruling was based on the theory that the agreement of the plaintiff to live with Tearney as his common-law wife, (which was clearly unlawful), is … Without admitting that the section applies to this action, the immunity of the personal representative from suit has well established exceptions.

State Ex Rel. Baker v. Bailey

152 W. Va. 400 · West Virginia Supreme Court · Oct 16, 1968

This was clearly stated in the first syllabus point of the case of Pack v. Karnes, 83 W. Va. 14 , 97 S. … It allows ample time therefor, and is more liberal than the allowance made to established parties.

State ex rel. Lovejoy v. Callaghan

213 W. Va. 1 · West Virginia Supreme Court · Oct 31, 2002

decision to issue the working well permit, I wish to briefly address the nature of the rule. 1 Despite the efforts of the various Respondents and the amicus curiae to describe the rule as procedural, it is clear that the rule qualifies … The rule at issue was clearly formulated for the purpose of implementing the “consent and easement” provision of West Virginia Code § 22C-9-7, and consequently it necessarily qualifies as a “legislative rule” — a rule which

Haislip v. White

124 W. Va. 633 · West Virginia Supreme Court · Sep 22, 1942

That the proof adduced herein sufficiently establishes the fact that the respondents Louden H. White and R. L. … Clearly, therefore, they had a voice and influence in bringing about the appointment. C. L. Williams admittedly voted for these two women with knowledge that they were the wives of Louden H. White and R. L.

Reed v. Orme

221 W. Va. 337 · West Virginia Supreme Court · Nov 8, 2007

The affidavit established that BRIM had caused the workers’ compensation exclusion to be included in the policy after researching and investigating its need. … Relying upon the unopposed affidavit of Bob Mitts, underwriting manager for BRIM, the circuit court found the affidavit clearly established that BRIM had investigated and researched the need for the workers’ compensation

Roberts v. American Column & Lumber Co.

76 W. Va. 290 · West Virginia Supreme Court · May 25, 1915

Clearly, it seems to “grant necessary rights of way" over lands belonging to others than the parties to the agreement, lands not owned or controlled by either of them. … If he neglects “to qualify his contract, so as to make such an excuse available, he waives it as a defense against a recovery of damages for non-performance”.

Gooch v. West Virginia Department of Public Safety

195 W. Va. 357 · West Virginia Supreme Court · Nov 17, 1995

If such a policy existed, it was clearly violated and the hospital would be negligent. … Thus, under the facts of this case, the hospital is immune from suit. 15 IV.

State Ex Rel. Baker v. MORGAN COUNTY WAR MEMORIAL HOSP.

718 S.E.2d 784 · West Virginia Supreme Court · Jun 15, 2010

The document prepared by the hospital clearly states that the defined benefit pension plan "was terminated[.]" … The hospital argues that IRS Revenue Ruling 89-87 sets forth three events that must occur in order for a pension plan to terminate: In order to terminate a qualified plan, the date of termination must be established, the

Davis v. Mound View Health Care, Inc.

220 W. Va. 28 · West Virginia Supreme Court · Nov 9, 2006

Va.Code § 55-7B-6 (c) indicating that a screening certificate of merit was not required to establish liability or invoking the provisions of W. … The screening certificate of merit shall be executed under oath by a health care provider qualified as an expert under the West Virginia rules of evidence and shall state with particularity: (1) The expert's familiarity with

Moore v. Goode

180 W. Va. 78 · West Virginia Supreme Court · Nov 10, 1988

Romano, 155 W.Va. 875 , 190 S.E.2d 8 (1972): “Findings of fact by a trial court without a jury will not be set aside unless they are clearly wrong.” … As at common law, declarant is qualified if related by blood or marriage. 5 Wigmore § 1489. In addition, and contrary to the common law, declarant qualifies by virtue of intimate association with the family.

Parsons v. Marland

140 W. Va. 20 · West Virginia Supreme Court · Jun 1, 1954

That such was the purpose of the Legislature in the enactment of the Teachers’ Retirement Act appears clearly from Section 1 of Article 7-a *28 of the said Act, which provides that: “A retirement system to be known as the … ‘State Teachers’ Retirement System’ is hereby established for the purpose of providing retirement allowances for the teachers of West Virginia.”

State v. McFarland

228 W. Va. 492 · West Virginia Supreme Court · Nov 23, 2011

This Court’s standard of reviewing claims of insufficiency of the evidence is well established. … This is clearly improper under Rule 404(b).

Morgan v. Fleming

24 W. Va. 186 · West Virginia Supreme Court · Apr 26, 1884

That such is the established law of this State is unquestionable —Black v. Thomas, 21 W. Va. 709 . … It clearly appears from the foregoing cases that the authority of Bennett v.