Case law

Zachary Knotts v. State of West Virginia

West Virginia Supreme Court · Jun 3, 2020

The court shall order a qualified forensic evaluator to conduct a dangerousness evaluation to include dangerousness risk factors to be completed within thirty days of admission to the mental health facility … the following standard: “We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly

Kimball v. Loughney

70 W. Va. 765 · West Virginia Supreme Court · Apr 23, 1912

Millee, Judge: The alternative writ of mandamus awarded petitioners, citizens, taxpayers, and qualified voters of the City of Sistersville, and nominees of the Citizens Party, respectively, for mayor, clerk and treasurer, … “The courts should sustain legislative action when not clearly satisfied of its invalidity; and unless it clearly appears that it is eontrariant to the constitution then there is reasonable doubt of its invalidity, and it

In re G.P. III, J.P., and V.M.

West Virginia Supreme Court · May 2, 2023

Based on the evidence presented, the circuit court denied petitioner’s motion for a post- adjudicatory improvement period, finding that petitioner did not qualify for an improvement period as she failed to meet the threshold … This premature disposition of the case was clearly error because the circuit court failed to follow the process established for the orderly conduct of abuse and neglect proceedings.

Bishop Coal Co. v. Salyers

181 W. Va. 71 · West Virginia Supreme Court · May 16, 1989

Moorefield, all qualified scoop operators, who testified that it had taken them months to learn how properly to operate a scoop. On surrebuttal, Mr. … The procedure in this regard is established by W.Va. Const., art.

Graham v. Graham

174 W. Va. 345 · West Virginia Supreme Court · Feb 6, 1985

Syllabus Point 5 of Garska states: If the trial court is unable to establish that one parent has clearly taken primary responsibility for the caring and nurturing duties of a child neither party shall have the benefit of … This Court specifically noted that the trial court found that "he was a good student and was qualified to testify." 152 W.Va. at 125 , 160 S.E.2d at 182 .

State v. Schermerhorn

211 W. Va. 376 · West Virginia Supreme Court · Jun 13, 2002

After additional questioning by the court, however, she qualified her answer. … The trial court, in essence, permitted the State to do indirectly that which it prohibited it from doing directly — establishing a foundation for the admissibility of and getting into evidence, the Intoxilyzer results.

Delardas v. County Court of Monongalia County

158 W. Va. 1027 · West Virginia Supreme Court · Jul 29, 1975

These seven classes and the minimum and maximum valuation of property, all classes, established to determine the classification of each county are as follows: *1031 Minimum Assessed Maximum Assessed Valuation of Property, … Code 1931, 7-l-5a, as amended” are to be regarded as specific references within the 1972 Act, unless otherwise qualified.

W. Va. Div. of Justice and Community Services v. Ginger McLaughlin

West Virginia Supreme Court · Apr 29, 2016

With regard to the Board’s findings of fact, the circuit court concluded the evidence did not establish that Ms. McLaughlin had engaged in criminal activity and drug abuse. Focusing upon the fact that Ms. … catch-all provision of “other gross misconduct” in West Virginia Code § 21A-6-3(2) is utilized as a basis for denial of all unemployment compensation benefits in the absence of a qualifying

In Re: Hillcrest Memorial Gardens

146 W. Va. 337 · West Virginia Supreme Court · May 16, 1961

Certain well-established legal principles are available to guide us in interpreting the constitutional and statutory language dealing with the question herein presented. … “It is a rule so well established as to need no citation of authority, that *343 it is encumbent upon the person who claims Ms property as exempt from taxation to show that the use of that property clearly falls within the

State v. Black

227 W. Va. 297 · West Virginia Supreme Court · Mar 4, 2010

In order to qualify as “scientific knowledge,” an inference or assertion must be derived by the scientific method. … Further, even removing the eomplained-of reference, there still remains competent proof to establish the guilt of the accused.

Bade v. Feay

63 W. Va. 166 · West Virginia Supreme Court · Nov 26, 1907

The evidence wholly fails to establish mental incompetency. Mrs? … Thornburg signed the note, reciting a valuable consideration, is clearly established, and her solemn act, consistent with circumstances which may well be supposed to have lead to the result, cannot be overthrown by [alleged

State v. Berrill

196 W. Va. 578 · West Virginia Supreme Court · Jun 14, 1996

Indeed, the record clearly demonstrates that his intended message was completely misunderstood. Mr. … We find, therefore, that the errors confessed by the State are clearly established by the law and the facts of this case.

Harry Kaufman & Gold Construction Co. v. Planning & Zoning Comm.

171 W. Va. 174 · West Virginia Supreme Court · Nov 24, 1982

Local governing bodies may establish such agencies to “promote the orderly development of its governmental units and its environs.” W.Va.Code § 8-24-1. … This statement clearly relates only to the physical aspects of lot size, not the type of development and the economic class of renters.

Callison v. Bright

85 W. Va. 700 · West Virginia Supreme Court · Mar 9, 1920

In this he was clearly right. The bill filed in this case was solely for the purpose of securing the-aid of a court of equity in the administration of the estate by the executor. … If she has a claim against the estate of her deceased husband, and the validity of it is denied, she may bring her suit to establish the same.

CSX Hotels, Inc. v. City of White Sulphur Springs

217 W. Va. 238 · West Virginia Supreme Court · Jul 8, 2005

The appellees counter that the Legislature chose the phrase “accurate survey map” to indicate the map had to be (1) precise and (2) prepared from measurements done in an ac *241 tual survey performed by a person qualified … The appellees contend — again referring to the various statutory requirements regulating the profession of land surveying — that a proper, accurate survey is one that establishes boundary monuments, and clearly measures distances

In re Gordon G.

216 W. Va. 33 · West Virginia Supreme Court · Jun 29, 2004

These findings shall not be set aside by a reviewing court unless clearly erroneous. … West Virginia law provides immunity to those who report, therefore, the majority of reports are anonymous. .

State v. Williams

14 W. Va. 851 · West Virginia Supreme Court · Nov 9, 1878

Under the Constitution of Kentucky there is no limitation on the Legislature whatever in the establishment of courts, except that such courts so established shall be inferior to the Supreme Court. … This to me very clearly shows, that to the legislative mind the general statute above cited did not apply to special terms.

Hupp v. Sasser

200 W. Va. 791 · West Virginia Supreme Court · Jul 17, 1997

Hupp’s behavior, but they are clearly not provably false. … Hupp’s own testimony established that he recognized the possibility that his teaching position was in jeopardy of not being renewed as a result of the complaints.

In re C.S. and B.S.

West Virginia Supreme Court · Jun 15, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

In Re Hunter H.

227 W. Va. 699 · West Virginia Supreme Court · Jun 14, 2011

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Psychologist Sandra Street was qualified as an expert in mental and behavioral health assessments, counseling, and child development. Ms.