Case law

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.

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

Williamson v. Greene

200 W. Va. 421 · West Virginia Supreme Court · Jun 2, 1997

The term ‘substantial public policy5 implies that the policy principle will be clearly recognized simply because it is substantial. … The denial of these rights to 'properly qualified persons by reason of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, or familial status is contrary to the principles of freedom and equality

SER Carl L. Harris, Prosecuting Attorney v. Hon. John W. Hatcher, Judge

236 W. Va. 599 · West Virginia Supreme Court · May 29, 2014

Malay’s position as a school bus driver qualified him as either a custodian 4 or person in a position of trust in relation to a child 5 under West Virginia Code § 61-8D-5. Thereafter, Mr. … Longerbeam’s motion for acquittal, clearly believing the evidence sufficient to convict.

Lester v. State Workmen's Compensation Commissioner

161 W. Va. 299 · West Virginia Supreme Court · Mar 7, 1978

Our statute is not strictly a compulsory one, the employer may or may not qualify under it. The penalty for not doing so is to deprive him of the defenses enumerated. … Once the employer-employee relationship is established, the statute imposes certain duties and responsibilities on the parties to that relationship.

State Ex Rel. Chemtall Inc. v. Madden

216 W. Va. 443 · West Virginia Supreme Court · Dec 2, 2004

The burden of establishing the existence of these requirements is upon the party or parties seeking class certification. … Further, the Court finds that the representative Plaintiffs’ interests are not in conflict with the proposed classes and that Plaintiffs’ attorneys are adequately qualified, experienced and generally able to conduct the litigation

Nobles v. Duncil

202 W. Va. 523 · West Virginia Supreme Court · Jul 8, 1998

Further, it meets the due process requirement for disciplinary hearings in state prisons established by this Court in Syllabus Point 2 of Harrah, supra. … Medical, dental, and mental health matters involving clinical judgments are the sole province of the responsible physician, dentist, and psychiatrist or qualified psychologist respectively; however, security regulations applicable

State v. Johnson

157 W. Va. 341 · West Virginia Supreme Court · Dec 18, 1973

Code, 52-1-4, as amended, provides: “The jury commissioners . . . shall . . . prepare ... a list of such inhabitants of the county, not exempted or disqualified by law as aforesaid, as they shall think well qualified to serve … “Where instructions given clearly and fairly lay down the law of the case, it is not error to refuse other instructions on the same subject. The court need not repeat instructions already substantially given.”

State v. Hulbert

209 W. Va. 217 · West Virginia Supreme Court · Mar 12, 2001

According to the State, the key to whether an out-of-state offense can qualify as a predicate offense is determined by whether the foreign conviction was for an offense that substantially parallels the elements of offenses … However, the State may introduce other comparable documents of record or transcripts of prior proceedings to establish criminal history.

In Re Flood Litigation Coal River Watershed

222 W. Va. 574 · West Virginia Supreme Court · Jun 26, 2008

Several thousand such claims were consolidated and assigned to the Mass Litigation Panel (“the Panel”) established by this Court pursuant to Trial Court Rule 26.01. … The circuit court allowed substantial voir dire of the plaintiffs’ experts by the defendants before qualifying the experts to testify to the jury, which voir dire firmly established their professional credentials and substantial

Bennett v. Adkins

194 W. Va. 372 · West Virginia Supreme Court · Jul 17, 1995

First, as discussed above, we believe the Sheriffs legal duty was clearly established by the circuit court’s holding that “the officer ... in possession of the seized property ha[d] a mandatory duty to release the seized … West Virginia Code § 29-12A-5(b)(3) (1992) states: (b) An employee of a political subdivision is immune from liability unless one of the following applies: sjs tk ík tk -k (3) Liability is expressly imposed upon the employee

Beard v. Callison

133 W. Va. 121 · West Virginia Supreme Court · Jul 6, 1949

The subsequent reference to the 191 acres, the 210 acres, and the 500 acres, though identifying each of the tracts by its known designation, specifies the manner in which the land shall be divided and is qualified by the … Beard, it is clear that his course of *134 conduct prior to the institution of this suit did not constitute or establish a binding election upon his part.

DeBoard v. Camden Interstate Railway Co.

62 W. Va. 41 · West Virginia Supreme Court · Apr 17, 1907

Va. 418 , have not qualified this rule in any respect. We think *45 the bill of exceptions is sufficiently identified to be a part of the record. … is not before this Court for review, and, therefore, cannot be vacated or reversed here, it discloses to us, that the reversal of the order, setting aside the first verdict, will when the mandate of this Court goes down, establish

Browning v. Hoffman

86 W. Va. 468 · West Virginia Supreme Court · May 11, 1920

This is a principle well established in other branches of the law of negligence. Wilson Bros. v. Bush, 70 W. Va. 26 . … The night nurse, had had eighteen months experience and no witness attempted to say that was insufficient to qualify he,r. The head nurse’s competency was not questioned by anybody.

SER Maxxim Shared Services, LLC v. the Honorable Warren R. McGraw, Judge

West Virginia Supreme Court · Nov 14, 2019

App. 2000) (relationship of co-worker and friend does not qualify for bystander recovery); Drew v. Drake, 168 Cal. Rptr. 65 (Cal. Ct. … Although this State’s law on duplicative damages is well established, we do not find that Mr.

State Ex Rel. Bess v. Legursky

195 W. Va. 435 · West Virginia Supreme Court · Dec 8, 1995

Wood, 64 F.3d 1432, 1436-37 (9th Cir.1995) (finding counsel deficient where counsel permitted accused to make damaging statements to the prosecutor in absence of a plea or immunity agreement). … The prejudice prong of ineffective assistance of counsel is clearly met in this case.

State of West Virginia ex rel. Health Care Alliance, Inc. and HCFS Health Care Financial Services v. Eric O'Briant and Kelsey Starr

West Virginia Supreme Court · Jun 15, 2021

Pas. 1945) (“But until this existence is established so that the documents asked for can be identified and this materiality established, there can be no order to produce under Rule … The circuit court’s order contains protective order language set forth in 45 C.F.R. 164.512(e)(1)(v), which provides: (v) For purposes of paragraph (e)(1) of this section, a qualified protective

State of West Virginia v. Zachary Allen Knotts, Jr.

233 W. Va. 665 · West Virginia Supreme Court · Jun 5, 2014

The final order and the ultimate disposition are reviewed under an abuse of discretion standard, and the circuit court’s underlying factual findings are reviewed under a clearly erroneous standard. … defining or categorizing specific acts of terrorism, it incorporated a general definition of the crime and referenced seven notorious acts of terrorism 13 *671 that serve as guideposts for determining whether a future incident qualifies

Bradford v. Workers' Compensation Commissioner

185 W. Va. 434 · West Virginia Supreme Court · Jul 8, 1991

The evidence also showed that the cortisone used to treat the nephrosis had made the employee immune to the antibiotics used to treat pneumonia and staph infection which ultimately resulted in his death. … Viewing this evidence in light of our law, we conclude that both the Commissioner and the Appeal Board were clearly wrong in holding that widow’s benefits were not available.

John D. Flowers and Dave Flowers v. Max Specialty Insurance Company and Darin I. Drane v. Max Specialty Insurance Company

234 W. Va. 1 · West Virginia Supreme Court · Jun 4, 2014

To the contrary, Max Specialty avers that coverage for the injured patrons’ claims is not established by the CGL part of the policy. … Max Specialty argues that Drane’s gunshot wound clearly falls un *13 der this definition.