Case law

State of West Virginia v. Matthew Flanders

West Virginia Supreme Court · Jun 3, 2020

Thus, whether petitioner’s life sentence is constitutional turns on whether his felony convictions are “qualifying convictions” such that at least one predicate offense involved violence or a threat of violence. … Here, applying our standard of review, we do not believe that the trial court’s decision was plainly wrong or clearly against the weight of the evidence.

William Christopher Jordan v. Harvey Hawkins, Superintendent, Central Regional Jail

West Virginia Supreme Court · Sep 15, 2023

sufficient for the court to conduct a fair adjudication of the matters raised in the petition, the court shall appoint an attorney to represent the petitioner’s claims in the matter, provided that the petitioner qualifies … We have explained that West Virginia Code § 53-4A-1(a) “establishe[s] a jurisdictional base for habeas relief.” Cline v. Mirandy, 234 W. Va. 427, 433, 765 S.E.2d 583, 589 (2014).

Campbell v. Kelly

157 W. Va. 453 · West Virginia Supreme Court · Feb 5, 1974

Clearly these provisions violate the requirement established by the Citizens Committee that legislators participate on the same basis as other State employees. … True, they may have an expectancy to participate in the fund when otherwise qualified.” See Taylor v. The Board of Education of the County of Cabell, 152 W.Va. 761 , 166 S.E.2d 150 (1969); State ex rel. Fox v.

Wilson v. Workers' Compensation Commissioner

174 W. Va. 611 · West Virginia Supreme Court · Mar 29, 1984

Clearly, the automobile accident was an independent cause not related to her industrial accident. As we have previously pointed out under Workman v. … We believe the Commissioner and the Appeal Board were correct in establishing the July 23, 1979 date as the relevant point for terminating the temporary total disability award.

Skaggs v. Eastern Associated Coal Corp.

212 W. Va. 248 · West Virginia Supreme Court · Jul 17, 2002

The regulation states: 4.1.Qualified rehabilitation professionals must utilize the following priorities. … If a lower numbered priority is clearly inappropriate for the injured worker, the next higher numbered priority must be utilized.

Miller v. Wood

229 W. Va. 545 · West Virginia Supreme Court · Jun 18, 2012

Va.Code § 17G-5A-3a(d) neither limits nor qualifies the circumstances in which the Commissioner has a non-discretionary duty to revoke a drivers’ license. While W. … Va.Code § 17C-5-2, the Legislature has clearly stated that a plea of *554 no contest does not constitute a conviction. W. Va.Code § 17C-5A~l(a)(e).

Lutz v. Williams

84 W. Va. 216 · West Virginia Supreme Court · May 13, 1919

The adjudication in favor of the bank is qualified-by a clause showing the extent to which it goes, namely, a decision against title in the Virginia Timber Company. … The modification of defendant’s instruction No. 4, so as to put in the element of consent, as an ■essential requirement of authority in the bank to convert a special deposit into a general one, was clearly proper.

State v. Evans

136 W. Va. 1 · West Virginia Supreme Court · May 29, 1951

Katzen, 112 W.Va. 467 , 164 S.E. 796 , this Court held that a properly qualified medical expert could testify “as to the probable future consequences of an injury, provided the consequences anticipated are such as in the … The evidence of such persons, who expressed opinions to the effect that the injuries to the baby had been inflicted some time before its delivery instead of recently, clearly presented a basis for an inference.

Ruffner Bros. v. Dutchess Insurance

59 W. Va. 432 · West Virginia Supreme Court · Apr 17, 1906

The trial court further erred in refusing to exclude the evidence and to instruct the jury to render a verdict for the defendant, for the evidence establishes fully and clearly a violation of the warranty against increase … What was said above about the inability of the defendant and the court to take from the plaintiff his right to a trial by jury, was qualified by the phrase “in that way,” namely, by a motion to exclude or direct a verdict

John D.K. v. Polly A.S.

190 W. Va. 254 · West Virginia Supreme Court · Nov 23, 1993

In fact, the father admits that he virtually had no contact with Jonathan until paternity was established. … recommendation, findings, and conclusions of a master found to be: "(1) Arbitrary, capricious, an abuse of discretion, or otherwise not in conformance with the law; “(2) Contrary to constitutional right, power, privilege, or immunity

Michelle Effron Miller, Administratrix v. Board of Governors of Fairmont State

West Virginia Supreme Court · May 20, 2016

Petitioner argues that, in the present case, once the circuit court determined that a duty existed as a matter of law, it was required to allow the jury to decide the clearly disputed factual issue of whether Mr. … Law, 194 W.Va. 705, 461 S.E.2d 451 (1995) (holding that “[t]he mere fact that a particular cause of action contains elements which typically raise a factual issue for jury determination does not automatically immunize the

State v. Mechling

219 W. Va. 366 · West Virginia Supreme Court · Jun 30, 2006

Regardless of the precise articulation, some statements qualify under any *374 definition — for example, ex parte testimony at a preliminary hearing. … The record firmly establishes that this constitutionally infirm evidence influenced the trial court’s decision, 9 and the beneficiary of this constitutional error — the State — has not attempted to establish beyond a reasonable

Gerald A. and Teresa L. Phillips v. Joshua D. Stear

236 W. Va. 702 · West Virginia Supreme Court · Mar 2, 2016

First, the plaintiff clearly established .that Stear engaged in misconduct or misrepresentation in discovery by failing to reveal prior traffic citations. … Accidents — at least avoidable ones — should not be immune from the reach of the rule.”); In re M/V Peacock on Complaint of Edwards, 809 F.2d at 1405 (negligent misrepresentations may support relief from judgment under Rule

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.

STATE EX. REL. O'NEILL v. Gay

169 W. Va. 16 · West Virginia Supreme Court · Dec 18, 1981

VIII, § 10, provides in part: “The legislature shall establish in each county a magistrate court or courts with the right of appeal as prescribed by law.” … The right of the defendant to appeal from magistrate court to circuit court in a criminal case should not be qualified by the defendant having to allege and prove error committed by the magistrate court.

Antero Resources Corporation v. Directional One Services, Inc., USA

West Virginia Supreme Court · Apr 8, 2022

The writings were not in conflict but, rather, the rate sheets qualified and gave meaning to the MSA. … Because the rate sheets are more specific than the MSAs and contain terms that focus squarely upon Directional One equipment that Antero (or its agents) lost in hole, the specific language of the rate sheets qualifies the

Nunley v. Salyers

203 W. Va. 431 · West Virginia Supreme Court · Jul 16, 1998

R.Civ.P. 42(a) has been clearly set out by this Court. … “Generally, an order qualifies as a final order when it ‘ends the litigation on the merits and leaves nothing for the court but the execution of the judgment.’ ” Dunn v.

Charleston Natural Gas Co. v. Lowe

52 W. Va. 662 · West Virginia Supreme Court · Mar 30, 1901

Although clause 5 of section 2 of chapter 42 of the Code declares private property may be taken for companies organized for the purpose of transporting carbon oil or natural gas, or both, by means of pipes or otherwise, and qualifies … The establishment of furnaces, mills and manufactures, the building of churches and hotels, and other similar enterprises are more or less matters of public concern, and promote in a general sense, the public welfare.

State of West Virginia v. Keith D.

235 W. Va. 421 · West Virginia Supreme Court · Apr 9, 2015

We realize that it may be difficult for the district court to accurately inform a defendant of potential sentence enhancements before the existence and validity of the defendant’s prior convictions have been established through … The court addressed the matter as follows: Because habitual offender máximums clearly constitute the “maximum possible .penalty provided by law” ... the plain ¡language of rule 3.172 require[s] that before a court may accept