Case law

Mag. Robert E. Lowe II v. Shannon Smith

West Virginia Supreme Court · Jan 11, 2016

According to respondent, he qualified for an appointed attorney at both the September and November hearings. … Three other continuances, however, are clearly attributable to the State.4 All crimes, including domestic batteries, are serious matters that must be diligently prosecuted by the State.

McCoy v. VanKirk

201 W. Va. 718 · West Virginia Supreme Court · Dec 16, 1997

for establishing fair market value.” 192 W.Va. at 702 , 453 S.E.2d at 685 . … In order to qualify for preferential treatment, the surviving spouse or descendant need not be a beneficiary of the individual.

Peters v. Riley

73 W. Va. 785 · West Virginia Supreme Court · Mar 31, 1914

The evidence may not have established such an employment, but it was sufficient, if believed, to give right of recovery on the common count for services rendered. … Though the plaintiff did not qualify as an expert witness, respecting real estate transactions, he ivas competent to speak on that subject. Be had performed the service, for which the charge was made.

Burcham v. City of Mullens

83 S.E.2d 505 · West Virginia Supreme Court · Oct 4, 1954

City of Bluefield, 40 W.Va. 484 , 21 S.E. 752 ; and, as the record clearly establishes that plaintiff fell on the platform which is supported by a stringer, in which plaintiff's husband found a soft spot, and contains no … As this case was tried by a jury, consisting of twelve jurors, who were legally qualified, the trial court's exclusion of the veniremen Gary and Goode, even if they were qualified, does not constitute reversible error.

Dent v. Fruth

192 W. Va. 506 · West Virginia Supreme Court · Dec 14, 1994

She filed a civil action against her employer, the Appel-lees, alleging that she was wrongfully discharged from her job in violation of an implied contract established by the employee handbook she received from the Appellees … However, we have qualified that principle by stating that “[c]ontraetual provisions [in an employee handbook] relating to job security may alter the at will status of a particular employee.” Syl. Pt. 3, Cook v.

State v. White

228 W. Va. 530 · West Virginia Supreme Court · Aug 18, 2011

She merely qualified this answer by pointing out that she had not yet heard the psychological evidence that would be presented in this case, and, therefore, she could not express an opinion as to how she would perceive that … Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard.

Smith v. Cartright

113 W. Va. 554 · West Virginia Supreme Court · Apr 4, 1933

Emil, Robert and Mande Smith by the, clerk of the comity court of Braxton county in vacation on the 23rd day of April, 19.15, and on that day qualified and gave bond. … The decree of the circuit court of Braxton county had established the fact that they were entitled to interests in the land of which their father died seized and possessed. C. F.

Black v. CSX Transportation, Inc.

220 W. Va. 623 · West Virginia Supreme Court · Aug 8, 2007

Of even more concern, I fear that the Majority's opinion in this matter may be viewed in the future as establishing a standard in West Virginia that a juror who states *619 he or she will rely upon the facts and the law to … The whole point of O'Dell was to prevent judges and attorneys from rehabilitating prospective jurors who clearly have ingrained prejudices and biases.

In re P.F.

West Virginia Supreme Court · Oct 14, 2020

However, counsel asserted during oral argument that Grandmother could potentially qualify as a “preadoptive parent” and thus be entitled to a “meaningful opportunity to be heard.” … its entirety establishes that such placement is not in the best interests of the child.”

State Ex Rel. Citifinancial, Inc. v. Madden

223 W. Va. 229 · West Virginia Supreme Court · Dec 10, 2008

Emphasizing that the CCPA was enacted to protect consumers from creditors rather than the converse, Respondent Lightner challenges the contention of CitiFinancial that creditors who charge approved insurance rates are immune … We reject this argument without discussion as the cause of action authorized under the Act is clearly against the creditor as the entity who charges the excessive rates rather than against the insurer.

State v. Williams

181 W. Va. 150 · West Virginia Supreme Court · May 17, 1989

Clearly, the state presented a strong circumstantial case against appellant and, even without the courtroom identification by Mrs. Preston, appellant may well have been convicted. Had Mrs. … Preston’s courtroom identification been a qualified one, such as “I believe it was appellant but I am not positive,” we might have found that its admission was harmless error. See United States v. Wade, supra.

State Ex Rel. Palumbo v. Graley's Body Shop, Inc.

188 W. Va. 501 · West Virginia Supreme Court · Dec 14, 1992

Thus, we find that the Antitrust Act is comprised of provisions which clearly show the legislature’s intention to establish a civil remedy for antitrust violations. … The Sixth Circuit further pointed out, however, that even if a witness establishes a reasonable fear of self-incrimination and prosecution, he or she may be compelled to testify if he or she is granted “use” immunity pursuant

Samuel Anstey v. David Ballard, Warden

237 W. Va. 411 · West Virginia Supreme Court · Jun 2, 2016

Jan-ney explained that the certificates of deposit were used to fund a trust that was established in December, 11 but the victim did not appear to understand. … However, even when courts recognize NFPA 921 as the standard for fire investigation, they often qualify that recognition. For example, in Fireman's Fund Insurance Co. v.

American Federation of State v. Civil Service Commission of West Virginia

181 W. Va. 8 · West Virginia Supreme Court · Mar 28, 1989

It was clearly the intention of the Legislature to vest exclusively in the CSC the responsibility to classify state employees and to ensure pay equity within the same class. … As will be discussed in Part II-A, infra, other filing requirements were established for pending cases. .

Woodrum v. Johnson

210 W. Va. 762 · West Virginia Supreme Court · Dec 12, 2001

Id. at 382, 109 S.E.2d at 669 . 12 This Court has also repeatedly cautioned against establishing precedent based upon dicta. … The distinction between indemnity and contribution was clearly explained in Rio Grande Gas Co. v.

Dryden v. Swinburn

15 W. Va. 234 · West Virginia Supreme Court · May 10, 1879

This, it seems to me, is clearly a nonsequitur. … And it was thereby made clearly their duty, when a contested election case for such office was brought before them, to decide it.

State v. Mines

38 W. Va. 125 · West Virginia Supreme Court · Nov 4, 1893

Though a later statute ,be not repugnant to a prior one in all respects, yet if it was clearly intended to take its place it re-jDeals it. Suth. St. Const. §§ 154-156. … It can not be doubted that under the title of the act-passed in 1868, establishing a code of laws, it was valid to insert the limitation section 20 in chapter 35. • The act of 1882 expresses in its title tluu it is to amend

Corliss v. Jefferson County Board of Zoning Appeals

214 W. Va. 535 · West Virginia Supreme Court · Oct 10, 2003

It is axiomatic that “[ijnterpretations of statutes by bodies charged with their administration are given great weight unless clearly erroneous.” Syl. Pt. 4, Security Nat’l Bank & Trust Co. v. First W. Va. … As justification for its decision to alter the established method of land measurement, the lower court cited syllabus point five of Hodge v.

State v. Kent

223 W. Va. 520 · West Virginia Supreme Court · Apr 30, 2009

“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. … In addition to the federal double jeopardy clause, “[t]he Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has

Quenton Burner v. Martinsburg Police Civil Service Commission

241 W. Va. 677 · West Virginia Supreme Court · Apr 30, 2019

In Morgan , the appellant police officer sought review of a decision from the Circuit Court of Ohio County that declared West Virginia Code § 8-5-11 permitted municipalities to establish residency requirements for municipal … This design has the dual result of protecting the job security of those police officers who are best qualified while also guaranteeing that the public is served by police officers of the highest merit.