Case law

SER C.H. and S.H., Foster Parents of J.L., Jr. v. Hon. Laura v. Faircloth, Judge, et.al.

815 S.E.2d 540 · West Virginia Supreme Court · Jul 6, 2018

—are still clearly needed when a foster parent or other statutorily designated individual is participating in a statutory “right to be heard” role. … this framework is intended to allow the court to fashion appropriate measures and remedies to highly complex familial and inter-personal issues—it does not serve as a blanket of immunity

Bank of Hundred v. County Court of Wetzel County

94 W. Va. 733 · West Virginia Supreme Court · Oct 30, 1923

In all of these cases (excepting possibly the first named), the fact, and circumstances, of the theft were clearly proven; so that the decisions were not controlled by presumptions of law. … If, however, the loss by theft or burglary were clearly proven, no effort whatever by defendant for their recovery is shown; not even notification to plaintiff of the supposed loss.

Hartzel Ray Foster v. David Ballard, Warden

West Virginia Supreme Court · Oct 13, 2017

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to … 114 (1995), we held as 5 follows: In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-prong test established

Welsh v. Welsh

136 W. Va. 914 · West Virginia Supreme Court · Feb 19, 1952

Clearly such provisions do not indicate any attempt to affect dower rights. … Welsh, the qualified executor under the will, professes to be of the belief that the assignment to Blair V.

In re A.A.

West Virginia Supreme Court · Apr 26, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … This rule merely establishes the minimum amount of disclosure required.” Id. at 10(d).

In re A.D. and J.D.

West Virginia Supreme Court · Feb 7, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Further, any argument that J.D.’s therapist was not qualified to make a recommendation based on her statement that she could not make a “psycho-legal recommendation” is without merit as the therapist was able to explain that

In Re: Remains of Chester Howard West

239 W. Va. 359 · West Virginia Supreme Court · Jun 6, 2017

Clearly, we honor the service and sacrifice of each person on the Wall even though their bodily remains were laid to rest elsewhere. 6 In short, the exhumation of Mr. … ,]” and it will be able to "accommodate burial space for approximately 60,000 qualified individuals.” Id, . It appears that Mr. West has no consanguine descendants. The family members who appeared to oppose Mr.

Postlewait v. Ohio Valley Medical Center, Inc.

214 W. Va. 668 · West Virginia Supreme Court · Dec 12, 2003

Standard of Review Our established standard of review for the findings of a circuit court was set forth in syllabus point two of Walker v. … proceeded to take judicial notice of certain “facts” from Appellant’s criminal trial on the misdemeanor charge of involuntary manslaughter. 14 In so doing, the trial court exceeded the boundaries of matters that typically qualify

In Re: B.M. and A.M.

West Virginia Supreme Court · Jun 19, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Lastly, this Court reminds the circuit court of its duty to establish permanency for the children.

LeSage v. LeSage

52 W. Va. 323 · West Virginia Supreme Court · Dec 20, 1902

St. 108, it is held: “Mere precatory words or words of command or words of explanation are not enough to establish an intention that is not to be gathered from a consideration of the operative words upon the face of a will … Mere expressions of kindness towards third parties for whom a trust is claimed or appeal to the liberalit3r of the donee on their behalf is not enough to create a precatory trust and make dubious words qualify the legatee

In re C.F. and T.F.

West Virginia Supreme Court · Oct 29, 2024

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Standard of Review Our standard of review for abuse and neglect cases is well established.

Charles Elder v. Annabelle Scolapia, Home Incarceration Officer

230 W. Va. 422 · West Virginia Supreme Court · Feb 22, 2013

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … Until today, this Court has never squarely addressed the issue of whether home incarceration constitutes the qualifying level of incarceration for purposes of seeking post- conviction relief in habeas corpus. See id.

STATE EX REL. FRANKLIN v. McBride

226 W. Va. 375 · West Virginia Supreme Court · Oct 9, 2009

Franklin has failed to produce any evidentiary material establishing that the State’s witnesses testified falsely. The sole basis for Mr. … The Double Jeopardy Clause in Article Ill, Section 5 of the West Virginia Constitution, provides immunity from further prosecution whei’e a court having jurisdiction has acquitted the accused.

Nease v. Capehart

8 W. Va. 95 · West Virginia Supreme Court · Jul 20, 1874

To me it is evident, that the conduct of David "Walker, was calculated to do an injury to Samuel Brown, in much as it prevented others from bidding and purchasing; for his declarations clearly led those inclined to purchase … There is, unquestionably, strong reason to apprehend that evidence of oral agreements establishing independent rights, and qualifying estates and rights created by deed, apparently absolute, is admitted much more extensively

Cross v. Cross

178 W. Va. 563 · West Virginia Supreme Court · Nov 17, 1987

One can easily understand the IRS’s eagerness to amend IRC § 152(e) to establish some bright-line rules. … Seip, 725 S.W.2d 134 (Mo.App.1987) the court found a qualified, pre-1985 instrument allocating the exemption, and in Gleason v.

Daily Gazette Co. v. Committee on Legal Ethics of West Virginia State Bar

174 W. Va. 359 · West Virginia Supreme Court · Feb 15, 1985

Daugherty, 172 W.Va. at 424 , 306 S.E.2d at 235 , this Court restated the well established principle that, “The Judicial Branch may honor legislative enactments in aid of judicial power, but is clearly not bound to do so. … Although we value the guidance of statutory enactments with regard to the exercise of judicial power, we are clearly not bound by statute.

SER Montpelier US Insurance Co. v. Hon. Louis H. Bloom, Judge

233 W. Va. 258 · West Virginia Supreme Court · Apr 10, 2014

Any communication to which the privilege attaches is absolutely immune from disclosure. … As recognized in Santer, these documents clearly demonstrate specific requests by CRW’s clients for legal opinions on specific subjects.

Anderson v. Piercy

20 W. Va. 282 · West Virginia Supreme Court · Sep 1, 1882

An examination of the latter law'will show clearly thatitv’asnotthepurposeof the court to overrule it. It is true this case is referred to in the argument in Nelson v. … While he cannot say, that he is entirely satisfied, that the execution and delivery of the bond by John Piercy jr. to John Piercy sr. is clearly established, still he is of opinion, that the weight of the testimony goes to

State Ex Rel. the Ogden Newspapers, Inc. v. Wilkes

211 W. Va. 423 · West Virginia Supreme Court · Jul 2, 2002

Under the provisions of Rule 1.9 and our rulings regarding the same, the burden of establishing that a substantially related matter exists is on the former client. … rationale can give a former client an unjustifiably broad right to bar his or its former counsel from representing a later opponent; if ‘insight’ into intangibles is sufficient, it would be a rare case indeed that would not qualify

Lewis Kelly Dailey v. Donnie Ames, Superintendent, Mt. Olive Correctional Complex

West Virginia Supreme Court · Jun 13, 2023

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … As we have held, [i]n cases involving a criminal conviction based upon a guilty plea, the prejudice requirement of the two-part test established by Strickland v.