Case law

State v. Cook

228 W. Va. 563 · West Virginia Supreme Court · Oct 28, 2010

Given Appellant’s failure to establish actual first prong of Facemire—there would be no point in requiring the trial court to apply the second prong of Facemire , which is a balancing of the established prejudice against … Prior to Stephens , the issue of whether a babysitter qualified as a custodian under the statute had not been addressed.

State ex rel. Butts v. Wolford

86 W. Va. 549 · West Virginia Supreme Court · Jul 8, 1920

Hence, clearly legislative policy, as manifested in a general statute, is only one of the elements recognized in the enactment. … But there are, qualifying words which may require separate action and division of powers.

Goetz v. Old National Bank of Martinsburg

140 W. Va. 422 · West Virginia Supreme Court · Nov 23, 1954

S. 362 , 25 L.Ed. 813 . *440 An examination of Chapter 4,43 Elizabeth, shows clearly that the object and purpose of that statute was to establish commissions whose duty should be to enforce charitable uses. … The foregoing statement of the rule against perpetuities clearly applies to human beings.

State Ex Rel. Brooks v. Zakaib

214 W. Va. 253 · West Virginia Supreme Court · Jun 23, 2003

recommendations, evaluations, opinions or other actions of such organization or any members thereof: Provided, That information, documents or records otherwise available from original sources are not to be construed as immune … Co., 182 W.Va. 266, 269 , 387 S.E.2d 320, 323 (1989) (“Waiver may be established by express conduct or impliedly, through inconsistent actions.” (citations omitted)); Blue v.

State of West Virginia v. Rida Shahid Hendershot

West Virginia Supreme Court · Jun 2, 2026

rulings of the circuit court concerning a new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly … Spriggs should not have been qualified as an expert witness under Rule 702, requires little discussion.

Guido v. Guido

202 W. Va. 198 · West Virginia Supreme Court · May 15, 1998

“Generally, an order qualifies as a final order when it ‘ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’ ” Durm v. … Clearly, Section 3 requires that a litigant have “standing” to challenge the action sought to be adjudicated on appeal.

State v. Angel

173 W. Va. 620 · West Virginia Supreme Court · Jul 12, 1984

The prosecuting attorney advised the court of the immunity from arrest provisions of W. Va. Const., Art. … If the State *626 would elevate it to murder in the first degree, the burden is upon the State to establish beyond a reasonable doubt the characteristics of that crime as previously related herein.

Thomas v. Rutledge

167 W. Va. 487 · West Virginia Supreme Court · Jul 14, 1981

classification is a rational one based on social, economic, historic or geographical factors; whether the classification bears a reasonable relationship to a proper governmental purpose; and whether all persons within the classes established … At the time of the hearing, she was attempting to qualify for such a license.

Dave Sugar, Inc. v. West Virginia Human Rights Commission

203 W. Va. 90 · West Virginia Supreme Court · Jul 13, 1998

The circuit court concluded that Sugar had “successfully rebutted the presumption of discrimination by clearly establishing evidence of nondiscriminatory reasons for the decision not to consider complainant for employment … Respondent claimed that it already had enough qualified applicants prior to complainant’s application; however, the evidence revealed that it later hired a male who applied subsequently to do a job complainant was well qualified

Wilson v. Perry

29 W. Va. 169 · West Virginia Supreme Court · Nov 20, 1886

The want of clearly recognized grantees, or clearly recognized beneficiaries constitutes the indefinite character of these charities, and rendérs them void at common law. … of our well established public policy.

State v. Harris

207 W. Va. 275 · West Virginia Supreme Court · May 23, 2000

M. made qualified as "excited utterances?" If Ms. M.' … These statements also clearly qualified as excited utterances. We conclude that the circuit court judge did not make a legal error in applying the "excited utterance" rule to the statements of Ms. M.

State v. Wooldridge

129 W. Va. 448 · West Virginia Supreme Court · Dec 21, 1946

A jury was impanelled, in the process of which there was a prolonged controversy as to the propriety of permitting certain persons to qualify as jurors. … Clearly each of the defendants knew of the command to disperse made by the justice of the peace.

Lajoie v. Bellomy

129 W. Va. 685 · West Virginia Supreme Court · Feb 4, 1947

Bellomy was her husband, is not denied, is established by the oral testimony of plaintiff, and, in the absence of attack, was valid. … Dower consummate has been defined by this Court in the following language: “ * * * That she has some sort of vested right immediately upon the death of her husband can not be doubted, and it seems very clearly established

M.M., a Minor, By and Through Her Mother, etc. v. Pfizer, Inc.

239 W. Va. 876 · West Virginia Supreme Court · Nov 1, 2017

In short, the Panel concluded that Michigan law governs M.M.’s claims; federal law operates to preempt the exception to Michigan’s failure to warn immunity where the subject drug has received FDA approval; no genuine issues … Such presumption may be defeated, however, if the remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy at all.

Marcus v. Staubs ex rel. Staubs

230 W. Va. 127 · West Virginia Supreme Court · Nov 15, 2012

As to the factual *135 underpinning to both means of establishing liability, the order quite clearly mirrors respondent’s arguments and appears to adopt wholesale respondent’s version of the facts. … Even under petitioner’s definition of a social host as one who “furnishes alcoholic beverage without remuneration,” he clearly does not qualify.

Mumaw v. U.S. Silica Co.

204 W. Va. 6 · West Virginia Supreme Court · Dec 4, 1998

Sias clearly states that preexisting-procedural law governs the granting of employers’ dispositive motions under W.Va. Code § 23-4r-2(c)(2)(ii). … Additionally, employees were given safety-harnesses. 6 Notwithstanding Administrator Mumaw’s efforts to take deposition testimony out of context, all of the evidence clearly proved that U.S.

State v. Hoke

76 W. Va. 36 · West Virginia Supreme Court · Mar 23, 1915

This point' is clearly without merit. State v. Shanley, 38 W. Va. 516 . The order does recite, “a necessity .existing therefore, it is ordered”, etc. … But no objection was-made in the lower court to the constitution of the grand jury, and it does not appear that any of the persons serving-as such were not legally qualified.

State v. Keeton

166 W. Va. 77 · West Virginia Supreme Court · Dec 2, 1980

The issue of intoxication was raised by the defendant and the record clearly supports the conclusion that the trial court would not give any intoxication instruction. … The conclusion was clearly based on hearsay; however, the error, which originated in the autopsy report, was harmless.

Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Jad H. Ramadan

West Virginia Supreme Court · Nov 6, 2023

Moreover, the DMV failed to assign as error the respondent’s failure to move for the witness to be qualified as an expert. … The OAH found that this acknowledgement “establishes that horizontal gaze nystagmus is not only a phenomenon of alcohol use, but controlled substances and drugs as well.”

State ex rel. West Virginia Department of Human Services v. The Honorable Catie Delligatti, Judge of the Circuit Court of Berkeley County

West Virginia Supreme Court · Jun 4, 2025

A court may exceed its legitimate powers by entering an order that is clearly erroneous as a matter of law. … Finally, we have determined that the court clearly erred as a matter of law by imposing this financial obligation on the DHS, and this error is entitled to substantial weight.