Case law

State v. Daniel

182 W. Va. 643 · West Virginia Supreme Court · Mar 9, 1990

Moreover, it was the appellant who moved for a mistrial based upon jury tampering, yet any tampering was done in his favor and the result clearly shows the effort to be ineffective. … It is well established that the prosecution must prove every element of the crime charged beyond a reasonable doubt. Mullaney v.

McKay v. McKay's

33 W. Va. 724 · West Virginia Supreme Court · Mar 10, 1890

, and had not settled, accounted for or paid over the same to the plaintiff; and that the defendants had qualified as his administrators and received all his personal estate for administration, and they had failed to settle … Here the proof between plaintiff and defendants shows clearly that William McKay, as guardian of both 'Mamie and Florence McKay, received at the same times lump sums for the common benefit of both.

State Ex Rel. Judicial Investigation Commission v. Putnam County Board of Ballot Commissioners

237 W. Va. 99 · West Virginia Supreme Court · Apr 7, 2016

His greed and mendacity manifest the lack of social conscience and depravity beyond any established criminal intent that establishes moral turpitude.” (internal quotations and citations omitted)); Searcy v. … Such conduct contains the essential elements of fraud, and clearly meets the criteria of a crime involving moral turpitude.”). But see Beltran-Tirado v.

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.

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

Kerns v. Wolverton

181 W. Va. 143 · West Virginia Supreme Court · May 17, 1989

The respondents now state that in 1982, 1983, or 1984, Kerns decided to leave both corporations and that he began to embezzle hydraulic equipment from Standard Hydraulics to be used by him when he established his own competing … Having concluded that private prosecuting attorney Dan Hardway was not a person who was authorized to appear before the grand jury, we find that the petitioner is clearly entitled to the relief sought and hereby order that

Shumate v. Shumate

78 W. Va. 576 · West Virginia Supreme Court · Jun 3, 1916

Language could not be employed that would any more clearly show the legislative purpose to except from the proviso a married woman living separate and apart from her husband, and to confer on her equal power with the feme … The fact being established in this case that Mrs.

Estate of Fout-Iser Ex Rel. Fout-Iser v. Hahn

220 W. Va. 673 · West Virginia Supreme Court · May 21, 2007

More importantly, though, the record clearly evidences that Dr. McLaughlin did not provide testimony regarding Dr. Rhee. Dr. … McLaughlin, himself, clearly stated that he would not testify with respect to Dr. Rhee and did not testify regarding Dr. Rhee, 6 I can reach no other conclusion but that Dr.

City of Morgantown v. West Virginia University Medical Corp.

193 W. Va. 614 · West Virginia Supreme Court · Apr 13, 1995

enable the corporation, through its employee-physicians, to furnish medical services to patients referred to the West Virginia Medical Center for care; to collect fees for such services through a professional fees office established … Accordingly, W.Va.Code, 8-13-5(d) [1993] and ll-13-3(d) [1983] clearly demonstrate the legislature’s intent to exempt charitable organizations from B & 0 taxation at the state and municipal levels. III.

State of West Virginia v. Jeffrey Lynn Hovatter

West Virginia Supreme Court · Jan 5, 2018

on appeal unless clearly and prejudicially erroneous.” … The record establishes that he personally visited the crime scene and had served in law enforcement for approximately six years.

State v. Walls

191 W. Va. 332 · West Virginia Supreme Court · May 27, 1994

The State clearly failed to meet its burden of establishing beyond a reasonable doubt the Appellant’s sanity at the time of the commission of the crime. … Therefore, the legislature may change the judicially established burden of proof.” 177 W.Va. at 379 , 352 S.E.2d at 131 n. 16. .

SER H.S. and J.S. v. Hon. J.D. Beane, Judge

814 S.E.2d 660 · West Virginia Supreme Court · May 30, 2018

parents, and relative caregivers as being “persons other than parties” in abuse and neglect case). 8  Thus, under this two-tiered framework, for a person “to qualify … was seeking custody of the child, even though the established permanency plan was for the petitioners to adopt.

Slack v. Jacob

8 W. Va. 612 · West Virginia Supreme Court · Sep 13, 1875

It has, accordingly, been held that the title of ‘an act to establish a police government for the city of Detroit/was not objectionable for its generality, and that all matters properly connected with the establishment and'efficiency … The impropriety of such interference will be clearly seen.”

Butcher v. State Workers' Compensation Commissioner

173 W. Va. 306 · West Virginia Supreme Court · Jan 31, 1984

This result obtains because the claimant has been found not to have lawfully qualified for the temporary total disability benefits initially since his claim did not jurisdictionally qualify as we summarized in Syllabus Point … The legislature has spoken clearly and intelligently. This court should not interfere with their judgment.

Miller v. Neff's

6 L.R.A. 515 · West Virginia Supreme Court · Nov 18, 1889

The administrator, as soon as he qualified, became a party to the controversy, and was therefore, under our statute, a person who could present his petition for an appeal. … It seems to me, therefore, under this authority and the circumstances above stated, that the Circuit Court clearly erred in suppressing said deposition.

State Ex Rel. Hawkins v. TYLER COUNTY BD. OF ED.

275 S.E.2d 908 · West Virginia Supreme Court · Jan 21, 1981

Such duties commonly are within the expertise of the teacher and are such that the teacher is qualified to direct them. … The contract should, however, contain a provision establishing any specific conditions upon which the teacher's employment is premised.

Means v. Sidiropolis

184 W. Va. 514 · West Virginia Supreme Court · Dec 19, 1990

I It is well established that procedural due process is required in administrative proceedings. … Lopez, 419 U.S. 565, 581 , 95 S.Ct. 729, 740 , 42 L.Ed.2d 725, 739 (1975) (“Students facing temporary suspension have interests qualifying for protection of the Due Process Clause[.]”) .

Brown v. CITY OF FAIRMONT, WEST VIRGINIA

221 W. Va. 541 · West Virginia Supreme Court · Nov 21, 2007

The appellant’s firefighter’s pension was to be equitably divided at a future date pursuant to a Qualified Domestic Relations Order (“QDRO”). … Under our law, In order for a plaintiff to prevail on a claim for intentional or reckless infliction of emotional distress, four elements must be established.

Doak v. Smith

93 W. Va. 133 · West Virginia Supreme Court · Feb 13, 1923

that at the time of the execution he did not have capacity to understand clearly the nature and consequence of his acts, and the objects of his bounty. … The burden of establishing his mental incapacity at the time the deed was signed and acknorvledged rests upon the one who attacks the deed.

Copen v. Hix

130 W. Va. 343 · West Virginia Supreme Court · Jun 24, 1947

On the contrary, I am of opinion that the claimants clearly and affirmatively sustained the burden of proof that there was no such participation on their part. … If that had been the intendment of the Legislature, the qualifying word would not have been used.