Case law

State of West Virginia v. Michael J.

West Virginia Supreme Court · Feb 25, 2022

Despite petitioner’s protestations otherwise, the prosecutor made no attempt to qualify herself as an expert; thus, we reject that characterization of the State’s closing arguments out of hand. … Accordingly, we find that the remarks did not clearly prejudice petitioner or result in manifest injustice.

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.

McClung v. Board of Education

213 W. Va. 606 · West Virginia Supreme Court · Jul 3, 2003

O’Dell, both of whom were qualified, applied. The School Board awarded one of the positions to Mr. O’Dell, 1 pursuant to W.Va.Code § 18-5-39, because he was employed in the position during the previous summer. 2 W. Va. … Code 29-6A-1, et seq. [1988], and based upon findings of fact, should not be reversed unless clearly wrong.” Syllabus, Quinn v. W.Va. Northern Community College, 197 W.Va. 313 , 475 S.E.2d 405 (1996).

McClure v. CITY OF HURRICANE

227 W. Va. 482 · West Virginia Supreme Court · Nov 22, 2010

On appeal, the Appellants argue that they “could not agree more that the ordinance was clearly intended to apply to only those building permits issued after the date the ordinance was enacted.” … The Court, on appeal, found that the issue to be addressed was whether the actions of the landowner were sufficient to establish a vested right to a nonconforming use as the project was started several years before the zoning

Diane Horton v. Professional Bureau of Collections of Maryland

238 W. Va. 310 · West Virginia Supreme Court · Nov 15, 2016

as an unfair settlement practice clearly does not amount to fraud.” … However, this Court has held that "simply because a claimant falls into one of the categories of persons listed in Rule 17(a) [as a real party in interest] does not end the analysis; the claimant must still establish they

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.

Larry Ballard v. Lightning Contract Services, Inc.

West Virginia Supreme Court · Mar 23, 2022

In a Final Decision dated June 16, 2020, the Office of Judges affirmed the claims administrator Order of April 18, 2019, and concluded that the preponderance of the evidence establishes that Mr. … Ballard has bilateral mild-to-moderately severe hearing loss, is not qualified to give an opinion because she is not a certified audiologist nor a physician.

William and Mary Lou Frohnapfel v. Arcelormittal USA LLC

235 W. Va. 165 · West Virginia Supreme Court · Apr 10, 2015

Frohnapfel qualified as an at-will employee in view of the collective bargaining agreement that controlled the terms of his employment. … Expounding further, we stated: The term “substantial public policy” implies that the policy principle will be clearly recognized simply because it is substantial.

Lucas v. Locke

11 W. Va. 81 · West Virginia Supreme Court · Sep 10, 1877

Speyers, 20 Gratt., 308 , Judge Staples says: “It is an established rule of the court to grant new trials very rarely upon the ground of after-discovered evidence, and never but under very, special circumstances. … The court may however at any time afterwards revoke such order, and allow any other person to qualify as executor or administrator. Code of 1860, page 596. The question in this case is then reduced to this: “Was Jas. W.

Rex Donahue v. Mammoth Restoration and Cleaning and Allstate Insurance Company

West Virginia Supreme Court · Feb 18, 2022

Our law concerning the enforcement of settlement agreements is well established. … not abuse its discretion in refusing plaintiff’s motion to add county commission as a defendant because 15 to do so would be a futile gesture given that commission would be immune

In re: J.G., II

809 S.E.2d 453 · West Virginia Supreme Court · Feb 15, 2018

These findings shall not be set aside by a reviewing court unless clearly erroneous. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Harrison v. Ginsberg

169 W. Va. 162 · West Virginia Supreme Court · Jan 22, 1982

The Department of Welfare’s decision denying appellant benefits was based on its finding that the appellant did not qualify under the department of Welfare’s definition of “incapacity.” … Clearly these regulations contemplate that the hearing examiner wil make a reasoned decision that is supported by the evidence presented at the hearing. In Clarke v.

K-Mart Corp. v. West Virginia Human Rights Commission

181 W. Va. 473 · West Virginia Supreme Court · May 4, 1989

. ****** The record clearly shows that the police were summoned because the Baram party fit a shoplifting profile.... … for the position or opening; (3) that he or she was rejected despite his or her qualifications; and (4) that after the rejection the respondent continued to accept the applications of similarly qualified persons.

State of West Virginia v. Kimberly S.

233 W. Va. 5 · West Virginia Supreme Court · Jan 29, 2014

(2010), states, in part: “Qualifying child abuse and neglect criminal offenses” – those offenses that require registration as an offender of child abuse or neglect upon conviction or when … C.S.R. § 81-16-2.4. (2010), clearly authorize registration in circumstances beyond the specific offenses listed in those provisions. Syllabus point two of State v.

State Ex Rel. Betts v. Scott

165 W. Va. 73 · West Virginia Supreme Court · Jun 4, 1980

The prosecutor’s remaining evidence consisted of a blood test administered by qualified personnel of a local hospital at the direction of the Grantsville policeman who arrested the defendant. 1 A State Police chemist testified … It would be a high price *82 indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.

State v. Gum

172 W. Va. 534 · West Virginia Supreme Court · Nov 10, 1983

Audia, 171 W.Va. 568 , 301 S.E.2d 199 (1983), “‘The true test as to whether a juror is qualified to serve on the panel is whether without bias or prejudice he can render a verdict solely on the evidence under the instructions … The appellant did not contend that he was provoked or that he unintentionally killed his brother, his defense was clearly one of simple denial.

General Motors Corp. v. Smith

216 W. Va. 78 · West Virginia Supreme Court · Jul 8, 2004

Clearly, Mr. Smith's claim is based on a provision of the collective bargaining agreement. … Smith is qualified to have his seniority reinstated only if he recovers and has his pension payments discontinued.

In Re: L.W., R.W. and I.H.

West Virginia Supreme Court · Jan 17, 2014

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

In re A.E.

West Virginia Supreme Court · Mar 27, 2026

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 … Permanency was clearly achieved for A.E. when he was placed in the permanent custody of his non-abusing mother, E.P. See W. Va. R. P.

Building & Loan Ass'n v. Sohn

54 W. Va. 101 · West Virginia Supreme Court · Nov 14, 1903

The two offices are- clearly incompatible. … Woods forfeited the office of notary public by qualifying as judge of the criminal court. Does it follow that the certificate of -acknowledgment is void?