Case law

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.

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.

State Ex Rel. Garden State Newspapers, Inc. v. Hoke

205 W. Va. 611 · West Virginia Supreme Court · Jul 12, 1999

no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … Respondents C.C.F. and William C.F. counter that the hearing and record below were properly closed because educational, disciplinary and other sensitive records are involved which federal law and state regulations clearly

Kokochak v. West Virginia State Lottery Commission

225 W. Va. 614 · West Virginia Supreme Court · Apr 26, 2010

Rule 2.2(b) [sic] clearly within the ambit of the agency discretion portion of West Virginia Code § 29A-l-2(3) [sic]. … those holding alcohol licenses in its recognition that such groups are qualified applicants for limited video lottery licenses.

David Edward Ball, II v. A.L.L. Construction, Inc., etc.

West Virginia Supreme Court · Apr 10, 2015

Petitioner’s suit alleged, inter alia, violations of our deliberate intent statute2 2 Under the deliberate intent statute, in order for an employer to lose its workers compensation immunity, the employee … Construction for one and a half years without incident, and, by all accounts, was qualified to run the drilling rig. 7  As for petitioner’s claim that McComas

State v. Lowe

21 W. Va. 782 · West Virginia Supreme Court · Jun 30, 1883

Lively, elected and qualified a special judge of the circuit court of Calhoun county, held at the court house, on Wednesday the 26th of October, 1881.” … The provision of our Constitution above quoted would seem clearly to confer on the accused the right in all cases to be tried in the county .wherein it is alleged, that the crime was committed, and it would therefore seem

Trimble v. West Virginia Board of Directors

209 W. Va. 420 · West Virginia Supreme Court · Jul 6, 2001

Trimble was clearly protected by the First Amendment in his peaceful efforts to organize a branch of WVEA at the College. The record in this case also clearly illustrates that Mr. … It does not, however, confer upon teachers special privileges or immunities to interfere in the efficient operation of an educational institution. See Baughman v. Unified Sch. Dist.

State ex rel. Yeager v. Trent

203 W. Va. 716 · West Virginia Supreme Court · Dec 8, 1998

In the present case, it is clear that direct evidence was presented through the prosecutor’s deposition at the habeas corpus proceeding which established the existence of what clearly could be construed as a plea agreement … The reason for that position seems clearly to be based on the fact that the existence of the agreement to continue is clearly demonstrable.

In re J.F.

West Virginia Supreme Court · Feb 1, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. A finding is clearly erroneous when, W. Va. … to the circuit court within 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

Rogers v. City of South Charleston

163 W. Va. 285 · West Virginia Supreme Court · Jul 11, 1979

system." [2] Clearly, the Board may not enter into contracts or purchase or hold land for any other purpose. … Employment both in government (except under affirmative action programs) and major industry is sufficiently attractive that all positions can be staffed by the highly qualified; the marginally qualified are left to work in

State Ex Rel. Bagley v. Blankenship

161 W. Va. 630 · West Virginia Supreme Court · Jun 19, 1978

Ill and thereby waived any constitutional immunity it might otherwise have had.” As a defense, the assertion is untenable. It admits the Legislature decreased the judicial budget, Account No. 111. … Clearly the Constitution provides that “no item relating to the judiciary shall be decreased.” In State ex rel. Trent v. Sims 138 W.

In re J.F. and J.F.

West Virginia Supreme Court · Feb 1, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The record establishes that petitioner demonstrated an inadequate capacity to solve the problems of abuse or neglect on his own or with help.

State v. Sheppard

49 W. Va. 582 · West Virginia Supreme Court · Sep 7, 1901

No connection between these questions and remarks and their ostensible purpose is clearly perceptible. … The law is made for the protection of the citizen, and all alike are amenable to its penalties and entitled to its immunities.

State v. Shaw

208 W. Va. 426 · West Virginia Supreme Court · Jan 5, 2001

The West Virginia Legislature has established that “[a]ny circuit court of this State shall have authority ... to place on probation any person convicted of a crime.” W.Va.Code § 62-12-1 (1975) (Repl.Vol.1992). … “Except for clear statutory exceptions, this legislative grant of power clearly places the matter of probation within the sound discretion of the trial court.” State v.

Clifford K. v. Paul S.

217 W. Va. 625 · West Virginia Supreme Court · Aug 8, 2005

Furthermore, Tina B. has not formally adopted Z.B.S. so she does not qualify as his legal parent on that basis. … Va.Code § 48-9-103 (2001) (Repl.Vol.2004) establishes who may bring or participate in proceedings seeking to establish custody of a child. For the complete text of W. Va.Code § 48-9-103, see Section III, infra. .

Matter of Starcher

202 W. Va. 55 · West Virginia Supreme Court · Jan 23, 1998

Clearly, stipulations of fact may be used in a criminal action to prove a crime, or some element thereof, beyond a reasonable doubt. … Clearly, the respondent’s letter was more than a mere response to a request for information.

Cary v. Riss

189 W. Va. 608 · West Virginia Supreme Court · Jul 16, 1993

The Mullane court, however, qualified that it had “not committed itself to any formula ... determining when constructive notice may be utilized or what test it must meet.” Id. … Clearly, the limited facts we have before us raise several questions.

State of West Virginia v. Scott Michael Hundley

West Virginia Supreme Court · May 14, 2025

But the court also clearly noted that it would reconsider the motion if Mr. Hundley became aware of any evidence during the course of the trial that may make the toxicology screen relevant. … Hundley’s voice in the recording, and did not qualify as a request for counsel. The court further noted that Mr.

In re D.B. and K.T.

West Virginia Supreme Court · Nov 8, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Specifically, petitioner argues that the grandfather touching the child’s bottom, breasts, and legs do not qualify as “sexual contact” under West Virginia Code § 61-8B-1(6). 3 Petitioner argues that there was no evidence

Ex parte Low

24 W. Va. 620 · West Virginia Supreme Court · Sep 27, 1884

In order to present this enquiry clearly and that there may be an intelligent understanding of the issue raised by it, it is necessary to make a brief review of the legislation on the subject which preceded the said act of … This action of the court was judicial in its nature and the judgment thus pronounced was protected from being assailed collaterally in any manner or proceeding under the well established rule of law, that the sentence or