Case law

In re C.J. and V.J.

West Virginia Supreme Court · May 12, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Petitioner cites to no evidence that he has a disability that would qualify for accommodations under the ADA.

Stenger v. Hope Natural Gas Co.

139 W. Va. 549 · West Virginia Supreme Court · Mar 23, 1954

Each of the plaintiffs qualified for the purpose of giving opinions, and gave opinions, as to the market value of the personal property destroyed, item by item, and as to the market value of the personal property damaged, … As that was one of the proper elements of proof of negligence, we think it was clearly admissible. See Redman v. Community Hotel Corp., 138 W. Va. 456 , 76 S. E. 2d 759 ; Groff v.

Rita Tanner and Dennis Tanner v. Bryan D. Raybuck, M.D.

West Virginia Supreme Court · Apr 15, 2022

Hayek is engaged and qualified in the medical field of interventional cardiology. … While the holding in Davis clearly appears to favor dismissal without prejudice in cases such as this, the inclusion of the qualifying phrase “and the dismissal order does not specify the dismissal to be with prejudice”

State Ex Rel. McGraw v. Imperial Marketing

196 W. Va. 346 · West Virginia Supreme Court · Mar 20, 1996

STANDARD OF REVIEW As is our custom, we begin any appellate analysis by first establishing the appropriate standard of review. … In some of the solicitations, SCI informs consumers that they have qualified among only 9% of the entire population of the United States. 21 .

State Ex Rel. Johnson v. Hamilton

164 W. Va. 682 · West Virginia Supreme Court · Apr 28, 1980

. *127 We qualified that statement, however, by indicating that the "same transaction" test will not mandate one prosecution for crimes growing out of different occurrences even though closely related in time, and we used … The attempted divorce of the multiple trial from the multiple punishment standard is clearly contrary to the United *131 States Supreme Court's view of the double jeopardy standard, enunciated in Brown v.

Ford v. Coiner

156 W. Va. 362 · West Virginia Supreme Court · Dec 19, 1972

I submit that the Federal and *375 State constitutional provisions providing a right to trial by jury to an accused in a state court and guaranteeing due process of law clearly establish that John Wayne Ford is entitled to … Ed. 2d 148 (1963) clearly establish that where a fundamental federal right is involved, such as the right to counsel or the right of an accused against self-incrimination, and the state court denies relief on the grounds

McCabe v. City of Parkersburg

138 W. Va. 830 · West Virginia Supreme Court · Nov 3, 1953

Buell, a qualified engineer, testifying in plaintiff’s behalf, unequivocally stated that the washing away of the land immediately adjacent to the rear of plaintiff’s lot caused her land to slip away, causing the slough about … However, we are of the opinion that the preponderance of the evidence as to the damage to the house itself is clearly in favor of the defendant. Mr. Robert F. Baker, a civil engineer and soils expert, Mr.

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.

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.

Chesapeake & Ohio System Federation v. Hash

170 W. Va. 294 · West Virginia Supreme Court · Jun 30, 1982

In 1955, at its quadrennial convention, the-Federation established a pension plan for its full-time officers and representatives to provide supplemental pension ben *296 efits in addition to those received by qualified employees … Handlan, 162 W.Va. 175 , 248 S.E.2d 273 (1978). 1 The form of the notice to be given an alleged contemnor has been established by prior decisions.

Helvey v. Princeton Power Co.

84 W. Va. 16 · West Virginia Supreme Court · Apr 22, 1919

Clearly if it is not so supported, such a verdict, if unqualified, cannot be permitted to stand, and if conditional, it cannot serve as the foundation of a judgment. … The evidence establishes beyond question that plaintiff was ■guilty of contributory negligence of such a character as to bar him from any right of recovery (Northern Pac. R. Co. v. Freeman, 174 U.

West Virginia Citizens Action Group, Inc. v. Daley

174 W. Va. 299 · West Virginia Supreme Court · Dec 21, 1984

I The criteria for the award of extraordinary relief by writ of mandamus are well established in this jurisdiction. … First, the language of the ordinance is not “hortatory,” but is clearly mandatory.

In re J.H., E.H., and S.H.

West Virginia Supreme Court · Mar 13, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … According to petitioner, “[s]he participated in parenting and adult life skills education even though it was arguably something she had little need for and something she was qualified to teach others.”

State Ex Rel. Smith v. Evans

209 W. Va. 340 · West Virginia Supreme Court · May 11, 2001

Our focus in this case is on the third factor, given that Petitioners argue that the actions of the trial court are in violation of well-established principles of corporate law. II. … With regard to what qualifies as oppressive conduct, we stated that “[a]n attempt to ‘freeze or squeeze out’ a minority shareholder from deriving any benefit from his investment in a private business corporation, without

Wilson v. Fleming

89 W. Va. 553 · West Virginia Supreme Court · Nov 22, 1921

These witnesses exhibited on their examination commendable caution, qualifying their answers when pressed to express in positive terms their convictions as to the cause and probable continuation and growth of the tubercular … That evidence of this character is incompetent is so well established as to admit of little comment.

In Re: J.S., T.S., W.S. and C.S.

West Virginia Supreme Court · Sep 25, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … As such, we find no abuse of discretion in the circuit court’s admission of the testimony in question, as the same qualified as an exception to the hearsay rule under Rule 803(4).

Elaine Neidig v. Valley Health System

West Virginia Supreme Court · Jun 10, 2025

“Where the issue on an appeal . . . is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v. Charlie A.L., 194 W. … Similarly, “[w]here the issue on an appeal . . . is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v.

STATE EX REL. W. VA., ETC. v. Waterhouse

212 S.E.2d 724 · West Virginia Supreme Court · Nov 26, 1974

Taylor, supra , on the facts in evidence in that case, but we find that case clearly distinguishable from the case at bar. … Such shortages, it was found result in our inability to retain or attract the qualified manpower resources needed for industrial and commercial development.

Amy Cline v. Lori H. Nohe, Warden

West Virginia Supreme Court · Apr 13, 2015

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 … We have previously held that “[i]n the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Western Maryland Railway Co. v. Goodwin

167 W. Va. 804 · West Virginia Supreme Court · Jul 17, 1981

Western Maryland Railway, appellee here, is a freight hauling railroad carrier incorporated outside this State and it is qualified to do business in West Virginia. … Union Barge Line Corporation is a Pennsylvania corporation not qualified to do business in the State of West Virginia.