Case law

State v. Watson

164 W. Va. 642 · West Virginia Supreme Court · Apr 4, 1980

The trial court was clearly correct in refusing defendant’s motion for independent or lineup identification. … In establishing this rule, Thomas qualified its application by holding in Syllabus Point 21 that: “Where a counsel’s performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses

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.

Michael v. Sabado

192 W. Va. 585 · West Virginia Supreme Court · Dec 21, 1994

Thus, a trial court may abuse its discretion if it so limits the voir dire that the litigants are unable to determine whether the jurors are statutorily qualified or free from bias. State v. … In this ease, the other instructions given by the trial judge clearly informed the jury that it had the duty to determine whether the evidence presented established causation for the injury.

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.

State v. Cecil

173 W. Va. 27 · West Virginia Supreme Court · Dec 15, 1983

Cecil clearly understands what is said to him and the forthcoming legal proceedings. It is believed that Mr. … Cecil is competent to stand trial and to assist his attorney in his defense if matters are clearly explained to him in simple and concrete terms. 2 .

Curtis Nottingham v. Kanawha County Board of Education

West Virginia Supreme Court · Jun 21, 2016

The Court has previously established the following standard of review: 2  “Grievance rulings involve a combination of both deferential and plenary … As to qualifications, respondent clearly considered petitioner’s qualifications in its hiring process, including his communication skills.

State v. Myers

171 W. Va. 277 · West Virginia Supreme Court · Dec 9, 1982

"The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. … There, a 19-year-old was charged with the felony of nighttime breaking and entering and with the misdemeanor of contributing to the delinquency of a minor in connection with the theft of certain items from an ice cream establishment

DePond v. Gainer

177 W. Va. 173 · West Virginia Supreme Court · Jul 24, 1986

Documentation also included W-2 forms, to establish levels of compensation or length of governmental service; affidavits of circuit and county clerks, to establish levels of compensation, length of other governmental service … years of service in order to qualify for benefits under the Judicial Retirement System.

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. .

Long v. Egnor

176 W. Va. 628 · West Virginia Supreme Court · Jul 3, 1986

A public official could only overcome the qualified privilege by showing that the statement was not only false, but was made with actual malice. 6 These principles are established in our libel law. E.g., Mauck v.. … The question of whether the challenged statements in the present case are actionable is not even a close one—they clearly are not defamatory.

Young v. State Compensation Commissioner

121 W. Va. 126 · West Virginia Supreme Court · Mar 14, 1939

It is the contention of the applicant that the Coal Company had established a course of dealing with its employees under which he was entitled to rely on his claim for compensation being filed in due time by the Company, … E. 545 , held “A limitation qualifying a special statutory right is generally held to be unaffected by the disabilities and excuses which allay ordinary statutes of limitation, and to be such an inherent part of the statute

State v. Allen

45 W. Va. 65 · West Virginia Supreme Court · Apr 20, 1898

In the case at bar the prisoner was set to the bar of the court in the custody of the sheriff, which shows clearly his personal presence in court. … The prisoner, if the record can be relied upon (and we can look to no other source], speaks for himself, and says he is not guilty, — a fact which could not' be more clearly expressed in words.

Perdue v. Ferguson

177 W. Va. 44 · West Virginia Supreme Court · Nov 13, 1986

I The Huntington Floodwall Board was established by an ordinance enacted by the City Council of the City of Huntington. 1 The purpose of the Huntington Floodwall Board was to operate and maintain the floodwall system of the … A municipal council or other governing body of a municipality, when acting or attempting to act in a legislative capacity, upon a subject within the scope of its powers, is entitled to the same immunity from judicial interference

Teresa Dellinger v. Pediatrix Medical Group, P.C.

232 W. Va. 115 · West Virginia Supreme Court · Oct 25, 2013

It was clearly incumbent upon petitioner, given the substance of Dr. … With respect to proximate cause and citing specific testimony from both a retained expert and a treating physician, each of whom clearly established proximate cause, the Court held that the circuit court erred in granting

Ravenna Furnace & Heating Co. v. Cotts

124 W. Va. 750 · West Virginia Supreme Court · Oct 13, 1942

We have, therefore, allegations which, if sustained by proof, would establish a case of fraudulent conveyance, which a court of equity would avoid. … One point of the demurrer was that the plaintiff, not having qualified to do business in this state, could not maintain this suit.

State of WV ex rel. Gallagher Bassett Services v. The Honorable Carrie Webster, Robin Lusk and Old Dominion Freight Line, Inc.

West Virginia Supreme Court · Jun 12, 2019

Statutory Immunity We begin our analysis of W. Va. Code § 23-2C-21(a) with a review of our rules of statutory construction. … However, Gallagher Bassett has not asked us to apply Section-21 immunity to Ms. Lusk’s Persinger claim.

Kenneth L. W. v. Tamyra S. W.

185 W. Va. 675 · West Virginia Supreme Court · Jul 17, 1991

Furthermore, we believe that the evidence clearly supports a conclusion that the mother, appellant Ta-myra S.W., was the primary caretaker of the children. … Again, however, this evidence is not sufficient to establish that the appellant’s adulterous conduct had a deleterious effect upon the children.

Board of Education v. DeFazio

180 W. Va. 614 · West Virginia Supreme Court · Mar 9, 1989

The posting requirement of W.Va.Code, 18A-4-8b(a) [1988] is clearly mandatory and must be read broadly to effectuate the legislative intent. … While these objectives are commendable, they do not warrant replacing the strong public policy of securing the most qualified person for the position.

In re D.M., R.H., and K.U.

West Virginia Supreme Court · Nov 8, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … A finding is clearly erroneous when, although there 2 D.M.’s father’s parental rights were previously terminated. R.H.’s father’s parental rights remain intact.

Lucion v. McDowell County Board of Education

191 W. Va. 399 · West Virginia Supreme Court · Jul 20, 1994

The majority clearly ignored W.Va.Code, 18A-4-8 [1993] when it upheld the action of the board of education in the case before us. Instead, the majority relied on Board of Education v. … Boards shall be required to post and date notices of all job vacancies of established existing or newly created positions in conspicuous working places for all school service employees to observe for at least five working