Case law

Harmon v. Fayette County Board of Education

205 W. Va. 125 · West Virginia Supreme Court · Jul 21, 1999

But by no stretch of the imagination could this minimal evidence be read to have established that the appellants’ duties require them to “spend[ ] the majority of [their] time in ... … It is now the position of our office that the only other employees who qualify for the supplement are librarians and school counselors. We therefore ask that the February 6, 1990, letter be disregarded.

State v. Leep

212 W. Va. 57 · West Virginia Supreme Court · Jul 26, 2002

In order to qualify as "scientific knowledge," an inference or assertion must be derived by the scientific method. … The EIA test evidence is clearly unreliable, and should not come before a jury.

State v. Rutherford

223 W. Va. 1 · West Virginia Supreme Court · Dec 2, 2008

It is equally clear that such facts must be established by proof beyond a reasonable doubt.” Apprendi, 530 U.S. at 490 , 120 S.Ct. 2348 (citations omitted). … Significantly, however, the Supreme Court clearly indicated that this rule does not apply to the fact of a prior conviction.

Wheeling Dollar Savings & Trust Co. v. Hanes

160 W. Va. 711 · West Virginia Supreme Court · Jun 28, 1977

Stifel, Jr. at the time of *715 his death, so as to qualify for a share of the trust distribution. That question was not resolved below and is not before us now. … Va. 703 , 37 S.E.2d 563 (1946), Syllabus Point 1, today overruled, provides as follows: “In the absence of an intention to do so, explicitly set forth in a will creating a trust for a named beneficiary, or clearly shown by

Cochran v. Appalachian Power Co.

162 W. Va. 86 · West Virginia Supreme Court · Jul 11, 1978

We feel that the complaint, set forth above in full, clearly and unambiguously alleged a breach of contract. … and will not ordinarily be disturbed on appeal unless clearly and prejudicially erroneous.

Barlow v. Daniels

25 W. Va. 512 · West Virginia Supreme Court · Apr 4, 1885

"While a common law jury is, as we have seen, ex vi termini, a jury of twelve persons, it is clearly within the power of the people, by a constitutional provision, to make the number less, or, if they choose, to qualify in … The case before us is upon a contract to pay a specified sum of money and is clearly a “suit at common law.”

Bevins v. West Virginia Office of Insurance Commissioner

227 W. Va. 315 · West Virginia Supreme Court · Oct 14, 2010

Insofar as he has established a progression or aggravation of his compensable injury, Mr. Greathouse contends that he is entitled to an award of TTD benefits. … Va.Code § 23^1-6(b-e) (2005) (Repl.Vol.2010). 15 *326 Having established the foundation upon which Mr. Bevins and Mr.

Bruen v. Columbia Gas Transmission Corp.

188 W. Va. 730 · West Virginia Supreme Court · Dec 16, 1992

The line of cases to which the appellant refers is well established. In McGraw Oil Co. v. … Giving this instruction clearly constitutes reversible error because it went to the heart of the case in establishing liability on the part of the appellant.

State v. Myers

229 W. Va. 238 · West Virginia Supreme Court · Jun 1, 2012

In Syllabus Point 2 of Gill , this Court further held: “The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction … The facts of the petitioner’s case establish that he robbed the One Stop store through its employee, Ms. Bess, who was the store manager. He then individually robbed Mr. *250 Price and then Mr. Torres.

Poteet v. County Commissioners

30 W. Va. 58 · West Virginia Supreme Court · Jun 29, 1887

of curators and guardians and the settlement of their accounts; the establishment of roads and mills, &c. … In the latter case the public might suffer some inconvenience from a prolonged investigation, as the time, when the officer should qualify, might pass during the continuance of the contest, and accordingly under our statute

South Penn Oil Co. v. Snodgrass

71 W. Va. 438 · West Virginia Supreme Court · Dec 10, 1912

If the lessee, having discovered minerals within the term, or contemporaneously with the expiration thereof, continues operations with diligence, he thereby obviously executes the chief purpose of the lease, and would be clearly … expectation of any immediate advantage to the lessor other than a rental in the form of delay monév, and with the expectation of delay in drilling until neighboring lands are shown to contain the minerals, and the consequent establishment

Brown Ex Rel. Brown v. Genesis Healthcare

228 W. Va. 646 · West Virginia Supreme Court · Jun 29, 2011

The line of cases that we think is most analogous to nursing home arbitration clauses involves pre-injury contracts immunizing one party from liability for negligence toward another party. … This is, in part, because the term clearly violates public policy.

State ex rel. West Virginia Regional Jail & Correctional Facility Authority v. West Virginia Investment Management Board

203 W. Va. 413 · West Virginia Supreme Court · Jul 17, 1998

Therefore, as correctly argued by the respondent and the amicus in this case, the threshold for establishing a “substantial” impairment when evaluating a government contract is lower than the threshold for establishing a … Affidavits were submitted on behalf of two eminently qualified actuaries, both of whom cautioned that the proposed withdrawal of $150,000,000 from PERS assets would cause a funding shortfall.

Dower v. Seeds

28 W. Va. 113 · West Virginia Supreme Court · Mar 31, 1886

As the evidence clearly and fully established the due execution and acknowledgment of this will of John J. … Weaver, deceased, with leave to the proper persons to qualify themselves as the personal representatives of said testator.

Simms v. Sawyers

85 W. Va. 245 · West Virginia Supreme Court · Dec 5, 1919

Tbe Act further provides that an election shall be held within thirty days from its passage submitting to tbe qualified voters residing within the territory described in tbe act the question of its adoption or rejection; … At the time provided for the election upon the question of the establishment of the independent school district such election was held, and the result thereof was favorable to the establishment of the independent district

Combs v. Hahn

205 W. Va. 102 · West Virginia Supreme Court · Jun 11, 1999

Oklahoma Nursing Homes, Ltd., 867 P.2d 1241 , 1245 n. 2 (Okla.1993) (citation omitted). 8 However, a few courts have qualified the waiver rule on cer *107 tain grounds. … Combs with the additional burden of proving again an issue upon which she has already unquestionably prevailed. 15 The evidence presented at trial clearly established that Ms.

State v. Smith

178 W. Va. 104 · West Virginia Supreme Court · May 15, 1987

This was clearly explained in State v. … This instruction was overbroad, as none of the witnesses called by the State were paid or immunized.

Lewis County Board of Education v. Michael Holden

234 W. Va. 666 · West Virginia Supreme Court · Feb 5, 2015

Clearly, the safety of the student passengers is a primary intent behind the regulations pertaining to school bus drivers. … The Board’s letter (dated September 11, 2012) clearly states: “[The Board] denied your request for a leave of absence for the 2012-2013 school-year.” (Emphasis added).

Wyant v. Wyant

184 W. Va. 434 · West Virginia Supreme Court · Dec 17, 1990

Wyant] is a college graduate, licensed real estate agent, and well-qualified to support herself.” … “West Virginia Code § 48A-2-8 now requires a family law master or circuit court judge to apply guidelines established by the child advocate office when awarding an amount of child support.” Clay v.

Fulton v. Ramsey

67 W. Va. 321 · West Virginia Supreme Court · Mar 29, 1910

Jurisdiction of the person may be acquired by implication arising out of some act done, or by dárecfi and positive acknowledgment thereof; but, in 'either event, it should clearly appear. … We are satisfied that the defendants did not intend to waive the benefit of their qualified appearance at the time of filing the pleas to the jurisdiction.” In Pendleton v. Russell, 144 U.