Case law

Clay v. Robinson

7 W. Va. 348 · West Virginia Supreme Court · Mar 2, 1874

Soon after the government of Virginia, at Richmond, became identified with the Confederate States, in the war, another government of Virginia, known and called as the Restored ■Government of Virginia, was organized and established … While I do not think that this instruction propounds the law correctly, when taken altogether, still I am clearly of the opinion, under the views above expressed, that the *359 defendant could not bave been, thereby, prejudiced

State v. McClanahan

193 W. Va. 70 · West Virginia Supreme Court · Dec 15, 1994

Cain, 20 W.Va. 679 (1882), this Court discussed the circumstances under which self-defense could be established in a criminal case. … So you can see that you’re just — just as qualified as the next jury would be to try and make a decision in these various cases....

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.

Tennant v. Smallwood

211 W. Va. 703 · West Virginia Supreme Court · Aug 2, 2002

When asked to resolve a question of law, this Court employs a de novo review: “[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de … Smallwood would have qualified for such coverage. See W.

Durm v. Heck's, Inc.

184 W. Va. 562 · West Virginia Supreme Court · Feb 13, 1991

In granting summary judgment to Foodland, the circuit court adopted the majority position of American tribunals that a lessee of a business establishment within a shopping center is not liable for injuries sustained by a … Generally, an order qualifies as a final order when it “ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Catlin v.

Stout v. Massie

140 W. Va. 731 · West Virginia Supreme Court · Mar 22, 1955

But an examination of text books and decided cases in other jurisdictions clearly shows that the jurisdiction and power of the court of equity are of ancient origin. … It is also established that she went to Cincinnati, Ohio, and remained there for about two years and only saw the infant approximately four times during that interval.

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

Ricky Von Raines v. David Ballard, Warden

236 W. Va. 588 · West Virginia Supreme Court · Feb 12, 2016

are to be governed by the two-pronged test established in Strickland v. … not sentence Petitioner for multiple convictions to any additional time in addition to a life sentence if he was found guilty of being a habitual criminal with at least two prior qualifying

West v. West Virginia Fair Ass'n

97 W. Va. 10 · West Virginia Supreme Court · Jun 24, 1924

the preliminary proceedings leading up to the application for the charter, were not in conformity with the statute; that a majority of the voters residing within the boundaries had not voted for incorporation; and that qualified … established, or where there is some illegality in the proceedings disclosed by the record.”

State ex rel. Bowser v. Hill

209 W. Va. 526 · West Virginia Supreme Court · Apr 30, 2001

Berry clearly established his unwillingness to have the property allotted to the Bowsers. … Assuming, without deciding, that the Bowsers did not waive their right to allotment, they had only a qualified right, not an absolute right, to allotment.

McComas v. Bd. of Educ. of Fayette County

197 W. Va. 188 · West Virginia Supreme Court · May 17, 1996

Any tenuous relationship between the action and a school will not qualify. … At any meeting as authorized above and in compliance with the provisions of article four [§ 18-4-1, et seqi] of this chapter, the board may employ such qualified teachers, or those who will qualify by the time of entering

State v. Brooks

214 W. Va. 562 · West Virginia Supreme Court · Dec 8, 2003

McCoy began, the record clearly establishes that the appellant was the initial aggressor. Nonetheless, the appellant argues that she became the victim when Ms. McCoy used force to repel her attack. However, Ms. … As set forth above, the evidence clearly established that the appellant was the initial aggressor.

Cobb v. West Virginia Human Rights Commission

217 W. Va. 761 · West Virginia Supreme Court · Jul 14, 2005

whether in class or out, whether it stems from the time, place, or type of behavior, which materially disrupts class work or involves the substantial disorder or invasion of the rights of others, is not constitutionally immunized … If hearsay is sufficient to establish a fact, then all semblance of justice is lost. West Virginia law requires more. HRC proceedings are bound by the West Virginia Rules of Evidence. See W.

Charles E. v. David Ballard, Warden

West Virginia Supreme Court · Feb 21, 2017

A social worker, who was qualified by the circuit court as an expert in the area of whether children exhibit characteristics of being abused, testified about an interview she conducted of the victim and testified that the … According to the record on appeal, petitioner’s own testimony establishes that his counsel met with him approximately twelve to fourteen times between the preliminary hearing and the jury trial.

Carl Carmichael v. Enerfab, Inc.

West Virginia Supreme Court · Nov 20, 2015

Glenville State Coll., 189 W.Va. 546, 433 S.E.2d 49 (1993). 3 Petitioner asserts that he is a qualified person with a disability because he has a degenerative cervical disc disease and because he has carpal … The evidence in the record before this Court clearly establishes that all employees were asked to inform respondent if they used medication that “would impair [their] ability to work safely or would show up on a drug test

R.S. Mutter, Warden v. Bobby Ross

811 S.E.2d 866 · West Virginia Supreme Court · Mar 12, 2018

On this well-established rule, Packingham made no exception for parolees. Thus, we decline to accept the State’s argument that Mr. … In analyzing a statute, it is well-established that: “[w]e look first to the statute’s language. If the text, 39 Syl. Pt. 3, State ex rel.

Irvin v. Stover

67 W. Va. 356 · West Virginia Supreme Court · Apr 26, 1910

If these words are to have any meaning at .all they clearly have this effect. … But there was no reason whatever for requiring this sisters’ heirs, and' the court adhered to the established rule, and gave to it its technical meaning.

Barr v. NCB Management Services, Inc.

227 W. Va. 507 · West Virginia Supreme Court · Jun 14, 2011

Where an act is clearly remedial in nature, we must construe the statute liberally so as to furnish and accomplish all the purposes intended. Kisamore v. … Va.Code § 46A-5-101(l) broadly and liberally to the certified question presented in this case, we find that a professional debt collector qualifies as a creditor.

Stewart v. Stewart

209 W. Va. 550 · West Virginia Supreme Court · Jul 9, 2001

We also cannot determine whether those partnership debts could be qualified as "frivolous," i.e., expenses incurred by the appellant solely as a tool to reduce the amount he would be required to pay the appellee. … The appellee is clearly entitled to her marital share of the appellant's partnership, and is entitled to alimony.

Kelly v. Painter

202 W. Va. 344 · West Virginia Supreme Court · Aug 7, 1998

The exclusion in question is facially ambiguous in its intended application to the facts of record in this case because the exclusion is qualified by the requirement that it applies only to insureds in the business of, inter … We previously quoted the policy language which clearly states the insurance does not apply to bodily injury for which the insured may be liable if the insured caused or contributed to the intoxication of the person involved