Case law

In Re: C.C. and H.S.

West Virginia Supreme Court · Oct 23, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … As such, petitioner argues that a less-restrictive dispositional alternative than termination would have been temporary commitment of the child to the State or another qualified person. Id.

Smith v. Rusmisell

205 W. Va. 261 · West Virginia Supreme Court · Jul 14, 1999

Ross contends that the evidence presented during the confirmation hearing established that its bid was not “grossly inadequate.” … He offered the testimony of Steven Holmes, a qualified real estate appraiser, who valued the Ridgeway property at $675,-000.00.

Van Winkle v. Blackford

28 W. Va. 670 · West Virginia Supreme Court · Oct 23, 1886

We will now consider, whether the plaintiff established his cause by the evidence before the jury. … But an ordinary bond executed to a dead person would clearly be void.

In re Z.H.

West Virginia Supreme Court · Jun 11, 2021

“To determine whether a state qualifies as a child’s ‘home state’ for purposes of determining initial jurisdiction under W. Va. Code § 48-20-201(a) (Repl. … “‘And’ is a conjunctive, and the use of ‘and’ here clearly makes both conditions necessary, not merely either of the two.” Ooten v. Faerber, 181 W.

Fredeking v. Grimmett

140 W. Va. 745 · West Virginia Supreme Court · Mar 22, 1955

Fredeking qualified as administrator of the estate of J. G. Fredeking and continued to act as such until the estate was settled in October, 1948. While acting as administrator W. T. … The evidence shows clearly that the plaintiffs are entitled to recover from the defendant O. R.

Depue v. Sergent

21 W. Va. 326 · West Virginia Supreme Court · Mar 31, 1883

Had this been true, clearly this parol evidence was not admissible; but the issue being, whether or not the vendor had defrauded the vendee, this parol evidence was very properly admitted, and no established rule of law was … This evidence is not received to alter or vary the written contract but to establish, that the vendee in buying fixed the price by the supposed number of acres thus establishing satisfactorily, that he relied on the vendor

West Virginia Libertarian Party v. Manchin

165 W. Va. 206 · West Virginia Supreme Court · Sep 16, 1980

The foregoing statutory credentials form, as modified by brackets to conform to our earlier holdings in the *220 present case, clearly defines and limits the information that can be obtained by the official issuing the credentials … Code, 3-5-23(b), provides: “The person or persons soliciting or canvassing signatures of duly qualified voters on such certificate or certificates, shall be residents and qualified, registered voters, of the magisterial district

State Ex Rel. Lawson v. Wilkes

202 W. Va. 34 · West Virginia Supreme Court · Feb 25, 1998

The Public Defender Corporation, presumably by its employee Deborah Lawson [hereinafter collectively referred to as the “PDC”], filed a response to the forfeiture petition and a trial schedule was established. … If a person under any disability does not have a duly qualified representative he may sue by his next friend.

State v. Cottrill

31 W. Va. 162 · West Virginia Supreme Court · Feb 28, 1888

Besides, by the act of 1856 all persons between the ages of twenty-one and sixty are qualified as jui*ors in criminal cases. … This was the long-established practice in Virginia, and in all the other States where there was a statute authorizing it to be done.

State of West Virginia v. Kevin Settle

West Virginia Supreme Court · Aug 27, 2021

On appeal, petitioner asserts that the procedural safeguards established in the general recidivist statute must be applied to the controlled substance recidivist statute, while ignoring this Court’s previous rejection of … Therefore, it is clear that each of those counts qualifies as a “second or subsequent offense” under the statute and may be enhanced “up to twice the term otherwise authorized.”

State v. White

227 W. Va. 231 · West Virginia Supreme Court · Feb 10, 2011

She merely qualified this answer by pointing out that she had not yet heard the psychological evidence that would be presented in this case, and, therefore, she could not express an opinion as to how she would perceive that … Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard.

State v. Loy

146 W. Va. 308 · West Virginia Supreme Court · May 9, 1961

Russell, a duly qualified and act *310 ing Justice of the Peace * * * upon a lawful warrant * * * charging the said Edward June Loy with having unlawfully driven and operated a motor vehicle upon a highway in said county … E. 591 , wherein a prior violation was involved, we permitted the introduction into evidence of the records of the prior conviction for the purpose of establishing jurisdiction of the court as to the prior case, the prior

State v. Memorial Gardens Development Corp.

101 S.E.2d 425 · West Virginia Supreme Court · Jan 14, 1958

Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community. Crowley v. … It is of importance to all that such a business be conducted properly, and only by those who are qualified to carry out its responsibilities.

State of West Virginia v. Donald A. Johnson

West Virginia Supreme Court · Sep 1, 2017

Parker was not qualified. The circuit court granted the State’s motion, noting that a physician assistant is not qualified to determine the age of an individual on the basis of a photograph. … Clearly, the timing of the e-mail would not automatically negate its admissibility.

Thomas S. and Teresa S. Johnson v. Bertha Kirby

230 W. Va. 432 · West Virginia Supreme Court · Feb 25, 2013

However, as indicated above, the deed to the petitioners dated July 1, 2008, clearly states that Ms. … Clearly, the county commission failed to recognize that, under West Virginia Code § 41-1-6, the will—which left the decedent’s entire estate to Ms.

In re L.H.-1, B.H., L.H.-2, E.H., and T.H.

West Virginia Supreme Court · Sep 30, 2025

A trial court abuses its discretion when its rulings on discovery motions are clearly against the logic of the circumstances then before the court and so arbitrary and unreasonable as to shock our sense … It is critical to note, however, that the circuit court sustained the petitioner’s objection to the CAC interviewer being qualified as an expert witness; thus, the court determined 5 The petitioner further

State Ex Rel. Skinner v. Dostert

166 W. Va. 743 · West Virginia Supreme Court · Apr 3, 1981

Clearly, the prosecutor is obliged to participate in the prosecution of misdemeanor charges in his or her county. … The duty to prosecute is qualified, however, in that the prosecuting attorney is vested with discretion in the control of criminal causes, which is committed to him for the public good and for the vindication of the public

Huffman v. Alderson's Admr.

9 W. Va. 616 · West Virginia Supreme Court · Oct 31, 1876

But the terms of both these laws, clearly, show that the legislature intended they should have a retrospective operation. … The defendant asked an instruction that the lapse of five years barred the action, but the court properly qualified it, by directing the jury to exclude from the computation the times named in the first and second special

Koger v. Mutual of Omaha Ins. Co.

152 W. Va. 274 · West Virginia Supreme Court · Jun 25, 1968

Va. 533 , on page 540, is qualified.” The Beckley decision is cited as authority to sustain the position of the Supreme Court of Maine in the case of Hinds v. Ins. Co., 155 Me. 349 , 155 A. 2d 721 , 85 A.L.R. 2d 703 . … In her pre-trial deposition which it was agreed could be used for “the purpose of discovery, or for use as evidence in said case, or for both purposes,” the plaintiff clearly stated that her husband took a gun from where

Seabright v. Seabright

28 W. Va. 412 · West Virginia Supreme Court · Sep 18, 1886

The report of commissioner Morris shows clearly, that Charles W. … The bill was clearly not filed to hold Charles W.