Case law

West Virginia Department of Health & Human Resources, Ex Rel. Wright v. Doris S.

197 W. Va. 489 · West Virginia Supreme Court · Jul 8, 1996

Thus, the above-mentioned ease law clearly establishes that the term “knowingly” as used in West Virginia Code § 49-1-3(a)(1), does not require that a parent actually be present at the time the abuse *503 occurs, but rather … This concept is clearly established by West Virginia Code § 49-l-l(a) (1995) which provides: (a) The purpose of this chapter is to provide a comprehensive system of child welfare throughout the State which will assure to

John D. Hager v. The Riverview Country Club, Inc.

West Virginia Supreme Court · Jun 10, 2024

Va. 197, 423 S.E.2d 600 (1992) (“A motion which would otherwise qualify as a Rule 59(e) motion that is not filed and served within ten days of the entry of judgment is a Rule 60(b) motion regardless of how styled . . . .” … However, the petitioner’s arguments are entirely deficient and do not establish his entitlement to relief on appeal.

State of West Virginia v. Tremale Leon Straughter

West Virginia Supreme Court · Sep 15, 2023

Straughter fails to establish error with respect to any of the issues presented and he fails, therefore, to establish the first prong required for application of the plain error doctrine. 2 Mr. … Straughter offered no evidence, however, to establish when the circuit court first received a qualified report and there is, therefore, no evidence that the circuit court failed to act in the statutory time frames.

Tate v. United Fuel Gas Co.

137 W. Va. 272 · West Virginia Supreme Court · Jun 10, 1952

We are here dealing with an exception qualifying and limiting the meaning of the term “minerals”. … Such exception clearly provides that Karney E.

Honaker v. Burnside

182 W. Va. 448 · West Virginia Supreme Court · Dec 21, 1989

Pursuant to her Last Will and Testament, her husband Bradley Tuckwiller was named as guardian of her two children, 2 and he was later qualified as such. … Undoubtedly, Elizabeth’s best interests must be the primary standard by which we determine her rights to continued contact with other significant figures in her life. 6 Clearly, “these interests are interests of the child

Osborne v. United States

211 W. Va. 667 · West Virginia Supreme Court · Jul 8, 2002

However, in order to maintain such a third party action under the MPLA, the plaintiff must establish the elements of proof contained in W.Va.Code § 55-7B-3 (1986) (Repl.Vol.2000). I. … “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.” Syl. pt. 1, Chrystal R.M. v.

State Ex Rel. Adkins v. Sims

130 W. Va. 645 · West Virginia Supreme Court · Jul 6, 1947

existence of a moral obligation of the State to compensate the estates of the victims of this distressing accident, it is assumed that such supposed obligation was in the minds of both, inasmuch as the State has constitutional immunity … In the cases at bar the appropriations were clearly for a private purpose, unless it be held that they were made in discharge of a moral obligation of the State.

In re B.H.

West Virginia Supreme Court · Oct 12, 2018

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Clearly, the circuit court found the probation officer’s testimony credible and persuasive.

Baugh v. Merritt

200 W. Va. 393 · West Virginia Supreme Court · Jul 3, 1997

Baugh, until such time as she found work and established herself in the State of Missouri. Raymond J. Baugh, the appellee, apparently found this arrangement satisfactory. … Baugh to obtain a “medical card” for D.M., and as a consequence she executed a form which she believed would qualify her son for a “medical card.”

W. Va. Division of Motor Vehicles v. Renee L. Richardson-Powers and W. Va. Human Rights Commission

239 W. Va. 78 · West Virginia Supreme Court · Mar 9, 2017

Powers to demonstrate she was “a qualified person with a disability.” … Powers is qualified to perform the essential functions of the CSR job with a reasonable accommodation. The DMV gave Ms.

Dudley v. Browning

79 W. Va. 331 · West Virginia Supreme Court · Nov 28, 1916

No. 2 and treated it as hers and sold and conveyed it, the immunity of infants and married women from the operation of the principle of estoppel, as regards title to-land, could not be invoked. … For reasons already stated, we are clearly of the opinion that all of them were effectually estopped from claiming any title to Lot No. 2.

State v. Morton

84 S.E.2d 791 · West Virginia Supreme Court · Dec 1, 1954

That the doctrine should govern the new constitutional system established in 1789 was not doubted. … The principles and limits relating to delegation of legislative power is well established and generally accepted.

In Re Estate of Lewis

217 W. Va. 48 · West Virginia Supreme Court · May 20, 2005

The Estate also attached a form to the tax return indicating that it was likely that some of the assets of the Estate would “qualify for the estate tax charitable deduction[.]” … Edward Lewis Marital Trust will qualify for the estate tax charitable deduction under I.R.C. § 2055.”

Bower v. Westinghouse Electric Corp.

206 W. Va. 133 · West Virginia Supreme Court · Sep 20, 1999

It is simply a compensable item of damage when liability is established under traditional theories of recovery.” … Diagnostic testing must be “reasonably necessary” in the sense that it must be something that a qualified physician would prescribe based upon the demonstrated exposure to' a particular toxic agent.

In Re Will of Winzenrith

133 W. Va. 267 · West Virginia Supreme Court · Oct 18, 1949

after payment of debts, to his son Edgar Winzenrith, plaintiff in error, to have and to hold in fee-simple forever; and appointed said Edgar Winzenrith executor of his last will, with directions that he be permitted to qualify … But the answers of Asbury and Anders filed in the case set up the probate of the will of Nicholis Winzenrith, dated July 15, 1932, and its regular probate, in an ex parte proceeding; and, stated clearly, that more than two

Funkhouser v. Landfried

124 W. Va. 654 · West Virginia Supreme Court · Sep 24, 1942

In order to attempt to stamp out that rather cunning thievery, the lawmakers provided that when registering, voters, with certain clearly defined exceptions, should fill out and sign two registration cards answering prescribed … Therefore, amendments which are subject to a construction in full accord with the major purpose, or to a construction in diametrical conflict therewith, in spite of anything definite that might be shown to establish beyond

State v. Bias

171 W. Va. 687 · West Virginia Supreme Court · Mar 25, 1983

performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified … This patient should be considered extremely dangerous; therefore, it is the recommendation of this office that he be confined to maximum security establishment such as Spencer State Hospital.

Myers v. West Virginia Consolidated Public Retirement Board

226 W. Va. 738 · West Virginia Supreme Court · Nov 22, 2010

The Court clearly indicated that, should the evidence support Mr. … In reviewing the evidence presented by the Appellees at their respective hearings before the Board’s hearing officer, the Court cannot find that the Board clearly erred in concluding that neither Appellee had established

Pancakes, Biscuits and More v. Pendleton County Commission

West Virginia Supreme Court · Oct 16, 2015

Golden Angels Cabaret is an establishment that offers “exotic entertainment” as defined under the ordinance. … There are multiple residences, an apartment building, and other structures within 2,500 feet of the establishment.

J. B. v. A. B.

161 W. Va. 332 · West Virginia Supreme Court · Mar 14, 1978

In fact, behavioral science is yet so inexact that we are clearly justified in resolving certain custody questions on the basis of prevailing cultural attitudes which give preference to the mother as custodian of young children … Regardless of whether a father actually wants custody or would be qualified for it, a demand for custody will have an onimous effect upon a mother.