Case law

State ex rel. Grant County Commission v. Judge Nelson

West Virginia Supreme Court · Mar 23, 2021

So, that allegation clearly survives the Commission’s Rule 12(b)(6) motion. … 21 And second, the majority, without seeking guidance from the parties, goes on to decide the issue that it specifically found was not before us, and confidently decrees that even if the Commission qualifies

Gamblin v. Ford Motor Co.

204 W. Va. 419 · West Virginia Supreme Court · Dec 14, 1998

Clearly, before the cited presumption can be invoked, the evidence must qualify as a “public report” pursuant to Rule 803(8). … Clearly, the appellant should have had the opportunity to confront Mr. Maugh with the Weinstein letter.

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.

In Re: A.H. and J.H.

West Virginia Supreme Court · Apr 21, 2016

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The circuit court was clearly wrong when finding the petitioners had only a “temporary placement.”

State of West Virginia v. Stephanie Elaine Louk

237 W. Va. 200 · West Virginia Supreme Court · May 27, 2016

This is so because the Legislature clearly has defined those behaviors that are punishable as criminal acts and those that are not. … It is the duty of the Legislature • to consider facts, establish policy, and embody that policy, in, legislation.

Belcher v. Charleston Area Medical Center

188 W. Va. 105 · West Virginia Supreme Court · Jul 15, 1992

It is well established that the trial court has broad discretion in permitting or excluding evidence that is offered as rebuttal evidence. … under the age of majority, yet, who has undergone medical treatment for a permanent or recurring illness over the course of a long period of time, may not be capable of taking part in decisions concerning that treatment. 12 Clearly

Cresap v. Brown

82 W. Va. 467 · West Virginia Supreme Court · May 7, 1918

Upon the pleadings and clearly established facts, as the cause stood, when in this court on the former appeal, there was ample ground for the award of the right to an accounting in the appellees, for the breach of the trust … In other words, the statute might confer immunity from liability for the pro *476 ceeds eo nomine, which, the appellees have never sought, but not from liability to an accounting for injury to their estate, which they have

In re Tax Assessment Against Maier

173 W. Va. 641 · West Virginia Supreme Court · Jul 13, 1984

In this action, the fee interest, owned by the county, is clearly public property. The leasehold interest, however, was an interest acquired by a private party, the appellee, for commercial purposes. … Furthermore, by our decision in this action we do not state that a leasehold interest under the Industrial Development Bond Act may not qualify for an exemption under W.Va.Code, 13-20-15 [1963].

Bilchak v. State Workmen's Compensation Commissioner

153 W. Va. 288 · West Virginia Supreme Court · Jul 1, 1969

This principle is clearly stated in the syllabus of the case of Buckland v. State Compensation Commissioner, 115 W. Va. 323 , 175 S. … However, this principle does not relieve the claimants of the burden of establishing their claims, and the liberality rule cannot be considered as taking the place of proper and satisfactory proof. Hayes v.

Layne v. Chesapeake & Ohio Ry. Co.

66 W. Va. 607 · West Virginia Supreme Court · Nov 23, 1909

Is the right of a passenger to immunity from intentional injury at the hands of the servants of the carrier within this principle ? It seems so. … As we have said his employment by the company was established, though it was indirectly procured through the detective agency.

State of West Virginia v. Randall Lewis Utt

West Virginia Supreme Court · Nov 26, 2024

At the end of jury selection, the court asked if there were any objections to qualifying the jury panel, and the petitioner’s counsel noted his previous objection. … The State responded that the “short outburst” was not something that would taint the whole jury and was insufficient to support not qualifying the jury.

State v. Williams

215 W. Va. 201 · West Virginia Supreme Court · May 13, 2004

(“Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.”). … Here, W.Va.Code § 62-1D-3 clearly states that consent is required of one “person [who] is a party to the communication.”

Hansford v. Chesapeake Coal Co.

22 W. Va. 70 · West Virginia Supreme Court · Jul 7, 1883

But, as the specification of an exact quantity without any qualifying words, renders the deed ambiguous as to whether it was or was not intended by the parties that 'the vendor, by such positive affirmation, undertook to … This evidence, which has been herein-before fully stated, in my judgment, not only fails to rebut the presumption of a sale in gross arising from the face of the deed, but it clearly establishes the fact that it was intended

Beirne v. Brown

4 W. Va. 72 · West Virginia Supreme Court · Jan 15, 1870

And it is equally well established, I think, upon *76 principle and authority, that a State, under similar circumstances, has a like power to confiscate' the property of her enemies, and it necessarily follows that it may … By that amendment it is provided that — “No state shall make or enforce any law which shall-abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or

Goodman v. Searls, Superintendent

West Virginia Supreme Court · Nov 19, 2021

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … Goodman focuses on one still frame photo taken from one of the toll booth videos that he believes most clearly depicts that “as [Ms.

Mark V.H. v. Dolores J.M.

West Virginia Supreme Court · Nov 13, 2015

The family court stated that the increase in petitioner’s parenting time was because of petitioner’s regular therapy sessions with a qualified mental health professional. … We determine that the family court did not clearly err in finding that petitioner did not demonstrate a substantial change in circumstances.

Estate of Wayne A. Jones v. The City of Martinsburg

West Virginia Supreme Court · Oct 30, 2020

immunity grounds. … immunity in petitioner’s civil action.

State Ex Rel. Maloney v. McCartney

159 W. Va. 513 · West Virginia Supreme Court · Apr 22, 1976

In Dunn Tennessee had not established a sufficient relationship between its interest in an informed electorate and the fixed durational residency requirement. In the case of Thompson v. … The Governor makes numerous other arguments based upon linguistics in an effort to establish ambiguity in Art. VII, § 4.

State v. Cook

175 W. Va. 185 · West Virginia Supreme Court · Jul 15, 1985

Unquestionably, the evidence submitted clearly demonstrated the appellant’s intellectual deficiency. … He cannot reasonably claim that the Fifth Amendment gives him not only this choice but, if he elects to testify, an immunity from cross-examination on the *196 matters he has himself put in dispute.

Slater v. Varney

68 S.E.2d 757 · West Virginia Supreme Court · Feb 18, 1952

shall be eligible to the Legislature or to any office of honor, trust, or profit in this State, until he shall have duly accounted for and paid over such money according to law, when read and considered together, indicate clearly … Clearly it provides only a conditional ineligibility of a contestee, who has received a majority of the votes cast in an election, to hold office.