Case law

State of WV v. Anthony M.

West Virginia Supreme Court · Mar 25, 2025

“The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. … (“When the opinion of a witness, not an expert, is offered in evidence, and he is no better qualified than the jurors to form an opinion with reference to the facts in evidence and the deductions to be properly drawn from

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.

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.

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.

Ostrosky v. Arkwright-Boston Manufacturers Mutual Insurance

182 W. Va. 187 · West Virginia Supreme Court · Nov 15, 1989

Second, the statutory language upon which plaintiff relies does not establish a formula for the payment of commissions. … In a futile attempt to convince this Court that he is entitled to commissions at the rates set forth in the proviso, Ostrosky argues that the fixed yearly fee which he received qualifies as a commission under the statute.

Mark T. Coleman v. J.T. Binion

829 S.E.2d 1 · West Virginia Supreme Court · Jun 10, 2019

The State presented evidence to establish that Mr. … The comments at issue did not clearly prejudice Mr. Coleman or result in manifest injustice.

In the Matter Of: The Hon. Stephen O. Callaghan, Judge-Elect of the 28th Circuit

238 W. Va. 495 · West Virginia Supreme Court · Feb 9, 2017

This canon does that, and does it clearly.” Id. … NLRB, 461 U.S. 731, 743 , 103 S.Ct. 2161 , 76 L.Ed.2d 277 (1983) ("[Fjalse statements are not immunized by the First Amendment right to freedom of speech”); Brown v.

State of West Virginia v. Laurence R. Smith III

West Virginia Supreme Court · Nov 22, 2013

We review the decision on the Rule 35 motion under an abuse of discretion standard; the underlying facts are reviewed under a clearly erroneous standard; and questions of law and interpretations of statutes … While an actual date was never established, such evidence is not required. See State v. David D.W., 214 W.Va. 167, 588 S.E.2d 156 (2003).

Jones v. Connecticut General Life Insurance

114 W. Va. 651 · West Virginia Supreme Court · Feb 27, 1934

It is her duly to establish a presumption that she will not be. It is not necessary for *659 the defendant to show that presumably she will be. … We therefore believe that the instruction is clearly misleading and since it is binding, is fatal to plaintiff below.

City of Wheeling v. Public Service Commission

199 W. Va. 252 · West Virginia Supreme Court · Feb 21, 1997

Both The City of Wheeling (‘Wheeling”), which adopted the ordinance establishing the rates, and the Ohio County Public Service District (“District”), which purchases water from Wheeling, seek review of the order. … However, clearly wrong orders of the Public Service Commission will be reversed. See Syllabus Point 2, Mountain Trucking Co. v. Public Service Comm’n, 158 W.Va. 958 , 216 S.E.2d 566 (1975).

State v. Wade

200 W. Va. 637 · West Virginia Supreme Court · Jul 11, 1997

He contends that the states prohibiting these defenses reason that the commission of a violent felony clearly makes the defendant the initial aggressor. … The State responds that both jurors were qualified to serve and there was no indication that either gentlemen was biased.

Starcher v. Crabtree

176 W. Va. 707 · West Virginia Supreme Court · Aug 25, 1986

Other pretrial determinations of the magistrate were subject to reconsideration if they were contrary to law or clearly erroneous. … remand the case upon a finding that the master's final order is: (1) Arbitrary, capricious, an abuse of discretion, or otherwise not in conformance with the law; (2) Contrary to constitutional right, power, privilege, or immunity

Daniel W. Thomas v. William Ray McDermitt and State Farm Mutual Insurance

232 W. Va. 159 · West Virginia Supreme Court · Oct 7, 2013

It is the duty of the legislature to consider facts, establish policy, and embody that policy in legislation. … This Court agrees with the Martin court and finds that the Ammons decision is clearly distinguishable.

COUNTY COM'N OF GREENBRIER CTY. v. Cummings

228 W. Va. 464 · West Virginia Supreme Court · Nov 10, 2011

Discussion That “the county courts [now county commissions] of this State are vested with a wide discretion in the superintendence and administration of the internal police and fiscal affairs of their counties” is well established … Because the respective budgets were prepared in Lambert without this required consultation, the county commissions’ actions in setting the budgets at issue qualified as arbitrary. 182 W.Va. at 148 , 386 S.E.2d at 646 .

In Re Chevie V.

226 W. Va. 363 · West Virginia Supreme Court · Sep 23, 2010

Clearly, that provision, when properly invoked, enables the Department to use Medicaid-established rates for the provision of health care services as required under chapter 49, articles five and six, where such rates are … Although this statute is relevant and specifically applies to abuse and neglect proceedings, abuse and neglect proceedings are only one of approximately fourteen different categories of cases that qualify as an “eligible

Meisel v. Tri-State Airport Authority

135 W. Va. 528 · West Virginia Supreme Court · Mar 1, 1951

Meisel, a resident, citizen and qualified voter of Wayne County, and a freeholder and taxpayer in Wayne and Cabell Counties, who sues on behalf of himself and all other taxpayers and persons similarly situated in the County … We, however, are impressed with 'the fact that the Huntington Industrial Corporation, which is clearly a nonprofit civic corporation, and, as such, a private corporation within the meaning of Section 1 of Article XI of the

SER Betty J. Almond v. Hon. Rudolph Murensky, Judge, and Pfizer, Inc.

238 W. Va. 289 · West Virginia Supreme Court · Nov 14, 2016

In Mazzone I, this Court granted a writ of prohibition and found that a single complaint with multiple plaintiffs does not satisfy the definition of “mass litigation” and therefore does not qualify for referral to the Mass … By order dated August 14, 2015, the circuit court entered a scheduling order establishing a September 1, 2015, deadline for dispositive motions.

Weaver v. Harrell

115 W. Va. 409 · West Virginia Supreme Court · Oct 9, 1934

Weaver did not qualify Mrs. O’Neal’s statement in any manner, though he expressed an intention to return to her whatever sum he collected in excess of what she owed him. … Where the facts are conceded and establish clearly a definite legal status, we conceive it to be the duty of the court to declare that status.

State v. McGilton

229 W. Va. 554 · West Virginia Supreme Court · Jun 19, 2012

He then *558 contends that irrespective of Rule 35(a), the circuit court’s error qualifies as “plain error.” … The statute clearly and unambiguously sets forth the elements for a single violation of a malicious assault.