Case law

Harrison v. Commissioner, Division of Motor Vehicles

226 W. Va. 23 · West Virginia Supreme Court · Jun 3, 2010

must clearly appear. 511 U.S. at 313 , 114 S.Ct. 1510 . … As the Code provision neither limits nor qualifies the circumstances to which the non-discretionary duty applies, DMV properly followed the mandate of the statute by treating Appellees’ prior convictions as predicate offenses

Marano v. Holland

179 W. Va. 156 · West Virginia Supreme Court · Feb 1, 1988

performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified … These allegations were sufficient to establish a valid claim of the privilege against self-incrimination.

State v. Varney

96 S.E.2d 72 · West Virginia Supreme Court · Jan 10, 1957

Notice that the statute commands: "An election for the purpose of electing members of the county board of education shall be held on the same date as the primary"—clearly, in legal contemplation, a general election, not a … It is contrary to established principles of statutory construction to hold that the various statutes providing for elections to fill vacancies were repealed by implication by Code, 3-4-, as amended by Chapter 86, Acts of

State v. Kaufman

227 W. Va. 537 · West Virginia Supreme Court · Jun 22, 2011

First, the statements in the diary were clearly not made to a law enforcement officer in the course of an interrogation. … The State was unable to establish the source of the DNA.

Short v. Patton

79 W. Va. 179 · West Virginia Supreme Court · Oct 31, 1916

The facts, as gathered from his evidence and that of all the other witnesses, utterly fail to establish title on the theory of a parol contract partly performed. … Va. 30, 35 , forcibly and conclusively apply: ‘-‘All the declarations of the ancestor, to which the witnesses in this cause have testified, are susceptible of a qualified meaning.

Booth v. Sims

193 W. Va. 323 · West Virginia Supreme Court · Mar 24, 1995

The legislature established a pension plan for the Division’s trooper members in 1935. … Mullett was entitled pursuant to the applicable statute to apply for pension benefits, his rights were clearly not vested.

State ex rel. Noyes v. Lane

89 W. Va. 744 · West Virginia Supreme Court · Dec 14, 1921

Upon the presentation of such petition it is provided that the said clerk shall examine and ascertain whether or not such petition is signed by the requisite num *747 ber of qualified electors, and attach to said petition … This doctrine is very well established in this state. Dillon v. Bare, 60 W. Va. 483 ; State ex rel, Dodd v. Hill, Banking Commissioner, 84 W. Va. 468 .

In re L.N. and J.N.-1

West Virginia Supreme Court · May 14, 2018

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Moreover, petitioner argues that the circuit court erroneously qualified the forensic interviewer as an expert witness “without affording him the opportunity to object.”

Sharon B.W. v. George B.W.

205 W. Va. 594 · West Virginia Supreme Court · Jul 14, 1999

The family law master stated: The standard of living enjoyed by the Plaintiff has been long established by and provided by her parents. … The fact that the Law Master concluded otherwise after the question was presented and briefed does not establish a basis for penalizing Plaintiff for litigating it.

State v. Davis

220 W. Va. 590 · West Virginia Supreme Court · Jul 25, 2007

Not only is such foreign law inapplicable to the facts of this case, the Majority’s result is plainly contrary to the established law of this State. Being unable to countenance this contrivance in our law, I dissent. … However, the examples given involved only assault upon oneself as provocation, not assault upon another, which under the applicable law could qualify as sufficient provocation. Id.

Starcher v. South Penn Oil Co.

81 W. Va. 587 · West Virginia Supreme Court · Feb 5, 1918

This declaration, it seems to us, comes clearly within the rule permitting the introduction of such declarations as part of the res gesiae. … Ordinarily the opinion of a non expert upon a question where the facts and the appearances can be presented to the jury fully and clearly is inadmissible.

State v. Porter

182 W. Va. 776 · West Virginia Supreme Court · Mar 22, 1990

During the third trial, it was established that the Pelfry brothers were having a longstanding feud with a group known as the “Altizer boys.” … A trial court’s decision regarding the voluntariness of a confession will not be disturbed unless it is plainly wrong or clearly against the weight of the evidence.

Seifert v. Sanders

178 W. Va. 214 · West Virginia Supreme Court · Jul 14, 1987

A testator desiring to give a qualified estate instead of an absolute one must employ language clearly importing an intention to do so. … Ill It is well established that summary judgment is appropriate when there are no genuine issues of material fact in dispute and the matter can be decided by application of rules of law.

Robert C., Jr. v. Kimberly C.

West Virginia Supreme Court · Apr 25, 2014

Turning now to petitioner’s first assignment of error, petitioner argues that the circuit court erred in finding that respondent’s relationship with her mother was sufficient to establish a legitimate purpose for relocation … Next, the circuit court reasoned that, even if the mother/daughter relationship was “not that significant,” it qualified as a “support network” which, pursuant to § 48-9-403(d)(1), provides a legitimate reason for relocation

Kanawha County Public Library v. County Court of Kanawha County

143 W. Va. 385 · West Virginia Supreme Court · Mar 25, 1958

Article 1 of Chapter 10 of the Code, several sections of which have been amended since 1931, provides for *392 the establishment and maintenance of public libraries, including a provision for the establishment of a State … Since the board was immune from an action at law, the Court held that the act was invalid to the extent that it directed the board to pay the petitioner the *398 sum of money provided in the act since in so doing the Legislature

Stanley M. v. Patrick A. Mirandy, Warden

West Virginia Supreme Court · Jan 8, 2018

Petitioner conclusorily states that this failure was “objectively unreasonable in that a reasonably-qualified defense attorney would have done so and that, had his defense counsel in the first habeas proceeding taken the … Here, too, petitioner has failed to meet his burden of establishing error.

In Re: Estate of Alex Kovarbasich

West Virginia Supreme Court · Nov 10, 2016

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo.’ Syllabus Point 4, Burgess v. Porterfield, 196 W.Va. 178, 469 S.E.2d 114 (1996).” Syl. … a reasonable period of time to allow someone to properly qualify as the real party in interest.

West Virginia Department of Health & Human Resources v. E.H.

236 W. Va. 194 · West Virginia Supreme Court · Oct 7, 2015

Richards agreed that Bateman is “habitually short of staff,” 14 explaining that recruiting efforts do not produce a sufficient number of qualified candidates. … Because this language clearly contemplates new employees, the respondents maintain the issue is moot.

State Ex Rel. J.W. v. Knight

223 W. Va. 785 · West Virginia Supreme Court · May 14, 2009

Through the motion, Jason Wilson requested “a discreet, confidential physical examination by a qualified medical doctor to determine if there is any evidence” of “repeated traumatic intercourse.” … Pursuant to these well-established factors, we proceed to consider whether the trial court overstepped its authority by issuing the orders that require J.W. to undergo a limited pelvic examination. III.

Dunlevy v. County Court of Marshall Co.

47 W. Va. 513 · West Virginia Supreme Court · Mar 24, 1900

Davis proceeded to qualify at once as commissioner. … Prior to the enaction of the present election law, it had been establish by the decisions of this Court — Brazie v. Commissioners, 25 W. Va. 213 ; Chenowith v. Commissioners, supra; Fleming v. Commissioners, 31 W.