Case law

State v. Green

207 W. Va. 530 · West Virginia Supreme Court · Jul 10, 2000

Green argues that having established that she effectively pleaded guilty to only one uttering offense under W. … West Virginia Code § 61-4-5(a) clearly supports charging Green with separate offenses based upon each document uttered.

Cutright v. Metropolitan Life Insurance

201 W. Va. 50 · West Virginia Supreme Court · Jul 11, 1997

immunity; (5) as to Count VII, because the agreements not to compete were geographically overbroad and lacking in consideration; (6) as to Count VIII, because Metropolitan did not require that its agents create and retain … These guidelines state clearly that “[wjith respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees

Wright v. Standard Ultramarine and Color Co.

141 W. Va. 368 · West Virginia Supreme Court · Dec 6, 1955

and capable men to join its organization and to continue in its employment the persons then employed; that the consideration for the defendant’s promise to pay the premiums was the continuance in its employment of qualified … This status of the employment of the plaintiff is indicated clearly by the allegations that the plaintiff intended to quit his employment with the defendant but did not do so for the sole reason that it had established a

Graf v. University of West Virginia Board of Trustees

202 W. Va. 419 · West Virginia Supreme Court · Jun 24, 1998

Having been previously advised by the Dean/Vice President that I am not qualified to be promoted under the current guidelines, I decline to be evaluated under the current guidelines. (Emphasis added). Dr. … The issue we address concerns whether the evidence in this case established that Dr. Graf withdrew his request for a promotion. The administrative law judge found that Dr.

State v. Kennedy

229 W. Va. 756 · West Virginia Supreme Court · Nov 21, 2012

In support of this finding, we noted our well-established holding that “ ‘[a]ny physician qualified as an expert may give an opinion about physical and medical cause of injury or death’ and that ‘[t]his opinion may be based … Clearly, Dr.

State v. White

167 W. Va. 374 · West Virginia Supreme Court · Jul 9, 1981

This remark was made twice; *384 defense objected both times, it took place just before the jury’s deliberations; and, it elicited some qualifying remarks from the court. … We note, however, that this clearly will be unacceptable after October of this year when the new W. Va. Rules of Criminal Procedure, Rule 41(c) takes effect.

State ex rel. State Road Commission v. O'Brien

140 W. Va. 114 · West Virginia Supreme Court · Jun 15, 1954

Sections 52 and 35 of Article VI were adopted by the people of this State in order to establish a “pay as you go” system of financing. … Debts could then be contracted in unlimited amounts and payable in the far distant future, and still be immune from attack as violating constitutional provisions limiting indebtedness provided each debt was made payable out

JC Penney Co., Inc. v. Hardesty

264 S.E.2d 604 · West Virginia Supreme Court · Feb 12, 1980

The second corner of our perimeter is established by Boston Stock Exchange v. … Clearly, since the decisions in General Motors Corp. and Standard Pressed Steel, if not as early as North-western States Portland Cement Co. v.

Flesher v. BOARD OF REVIEW, ETC.

77 S.E.2d 890 · West Virginia Supreme Court · Oct 13, 1953

Flesher, the unremarried widow of the deceased veteran, Harry Edward Flesher, has not been established, and as the proof in this proceeding is not sufficient to render applicable the statutory presumption that she is dead … Because she is a nonresident of this State and was such nonresident at the time the application of the appellant for payment of the bonus was made she is not qualified to receive such bonus.

Buxton v. Shaffer

43 W. Va. 296 · West Virginia Supreme Court · Apr 10, 1897

W. 8haH‘er, who qualified as sole executor, and the other children, for the purpose of settling the accounts of such executor as such. … A commission on actual receipts is, under the practice long established in Virginia and this State, the mode of compensation to personal representatives for their services, as laid down in Kester v. Lyon, 40 W.

Martin v. Leverette

161 W. Va. 547 · West Virginia Supreme Court · May 10, 1978

The doctrine is applicable to any claim of selective or discriminatory prosecution, and as the cases note a defendant bears a heavy burden of establishing that he has been singled out over others similarly situated and that … The foregoing law clearly demonstrates that appellant’s sentence under our habitual criminal statute was not a violation of equal protection standards.

Devrnja v. West Virginia Board of Medicine

185 W. Va. 594 · West Virginia Supreme Court · Jul 23, 1991

Devrnja had previously been unable to qualify for licensure because he had failed the FLEX examination 1 on numerous occasions. … First, the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, see e.g., Hanover Shoe, Inc. v.

Garten v. Layton

76 W. Va. 63 · West Virginia Supreme Court · Mar 23, 1915

In the syllabus •of that case, the general rule inhibiting resort to the evidence seems to be qualified to that extent. … It is clearly susceptible of such use without violation of the spirit or principle of the general rule.

Shearer v. Shearer

191 W. Va. 734 · West Virginia Supreme Court · Jul 22, 1994

Under the principles set forth in Garska , the three-year-old child of the parties in the present case would clearly qualify as a child of tender years. … of the divorce proceedings, the appellant was clearly the primary caretaker of the child.

In re C.G.-1

West Virginia Supreme Court · Sep 13, 2019

These findings shall not be set aside by a reviewing court unless clearly erroneous. … However, in his brief on appeal, petitioner does not indicate where in the record he established any substantial change in his circumstances.

Maynard v. Hammond

139 W. Va. 230 · West Virginia Supreme Court · Dec 21, 1953

We are of opinion that this showing clearly establishes that Mulligan Chappell was legally chosen and qualified, and that he did act as Republican receiving clerk at this precinct." … The quoted language hereinabove set forth clearly shows that.

City of Benwood v. Board of Education

212 W. Va. 436 · West Virginia Supreme Court · Nov 1, 2002

Of course, a clearly erroneous standard applies to the circuit court’s underlying factual findings. Id. … Those notices clearly outlined the Board’s proposal for closing and consolidating the schools.

In Re an Investigation of the West Virginia State Police Crime Laboratory

190 W. Va. 321 · West Virginia Supreme Court · Nov 10, 1993

In Giglio , a Government witness was promised immunity if he would testify against the defendant. This promise was made by an assistant district attorney who was not involved in the Giglio trial. … On cross-examination, the witness denied that he received any promise of immunity.

Robertson v. Coal & Coke Railway Co.

87 W. Va. 106 · West Virginia Supreme Court · Oct 5, 1920

These -are the salient facts clearly established by the proof. … The Stuck and Prok cases were dealing with injuries to infants, whose immature and undeveloped powers of discernment do not qualify them to appreciate and avoid the consequences of their own immaturity and rashness.

Committee on Legal Ethics of the West Virginia State Bar v. Triplett

180 W. Va. 533 · West Virginia Supreme Court · Oct 26, 1988

category for claims *539 filed between 1 July 1973 and 31 December 1973, and required coal companies to carry insurance or to qualify for self-insurance. … Congress has conferred upon qualified claimants the right to receive black lung benefits.