Case law

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.

Bloss v. Hull

27 W. Va. 503 · West Virginia Supreme Court · Feb 13, 1886

The rule is qualified to some extent in Day v. Hale, 22 Gratt. 146 , and Turnbull v. Clifton Coal Co., 19 W. Va. 299 . … Upon any view of the cause, I am clearly of opinion, that there is no error in the decrees appealed from, and that they must therefore be affirmed. Aepirmed.

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

Committee on Legal Ethics v. Roark

181 W. Va. 260 · West Virginia Supreme Court · Jun 8, 1989

We set out in Syllabus Point 3 of Six our traditional rule: “ ‘ “Section 23, Part E, Article VI of the By-Laws of the West Virginia State Bar imposes upon any Court before which an attorney has been qualified a mandatory … Furthermore, it is generally held that the expressio unius doctrine is limited to situations where the language clearly suggests a contrast between what is expressed and what is impliedly omitted.

Burkheimer v. Blake

71 W. Va. 155 · West Virginia Supreme Court · Oct 22, 1912

It is contended here on Blake’s behalf that there is no proof of the fraud and conspiracy alleged, and that the evidence wholly *158 fails to establish that the several alleged false representations were in fact made, or … But if the representation was made, and made the basis of credit, and was relied oh by the plaintiff, it does not clearly appear that the representation was false.

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

State of West Virginia v. Darnell Carlton Bouie

235 W. Va. 709 · West Virginia Supreme Court · Jun 16, 2015

The circuit court’s analysis followed our established framework for evaluating such statements. See State v. … be disturbed on appeal unless clearly erroneous.’ ” Id., 234 W.Va. at 165, 764 S.E.2d at 325 (quoting syl. pt. 4, Cox v.

State v. Larue

98 W. Va. 677 · West Virginia Supreme Court · Apr 24, 1925

in the case of another prosecution for the same alleged crime, and to qualify the court to determine whether the facts constituted an offense. … The proffered evidence is clearly insufficient *695 to make a sale of the- cement to Larne.

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.

State v. Audia

171 W. Va. 568 · West Virginia Supreme Court · Mar 11, 1983

Although the trial judge granted appellant’s motions for examinations, he clearly indicated that at no time did he believe appellant was incompetent. … “In order for photographs to come within our gruesome photograph rule established in State v. Rowe, 163 W.Va. 593 , 259 S.E.2d 26 (1979), there must be an initial finding that they are gruesome.” Syl. pt. 6, State v.

Bank of Quinwood v. Becker

119 W. Va. 534 · West Virginia Supreme Court · Dec 14, 1937

If a situation has developed whereby their right to redeem the property has been lost, they can establish no other right. … The reasons upon which this holding is grounded are clearly discussed in State v.

State v. GEORGIUS

225 W. Va. 716 · West Virginia Supreme Court · May 12, 2010

As this Court has firmly established, “[s]entences imposed by the trial court, if within statutory limits and if not based on some [imjpermissible factor, are not subject to appellate review.” Syllabus Point 4, State v. … Richards, 206 W.Va. 573, 575 , 526 S.E.2d 539, 541 (1999) (stating that Youthful Offenders Act "grants discretionary authority to the circuit courts to suspend imposition of sentence, and place a qualifying defendant in a

Watkins v. McDowell County Board of Education

229 W. Va. 500 · West Virginia Supreme Court · Jun 14, 2012

He filed a grievance on her behalf on the ground that she was the most qualified candidate. … Accordingly, the ALJ’s denial of Appellant’s grievance was not clearly wrong. IV.

Ex parte Faulkner

1 W. Va. 269 · West Virginia Supreme Court · Jan 15, 1866

Both acts clearly apply to the same officers, and if one does not embrace attorneys the other cannot. … I see no reason, therefore, in the 2nd objection, to authorize this court in refusing to permit the applicant to qualify and practice as an attorney and counsellor in this court, upon his taking the oaths required by law

Vest v. Cobb

138 W. Va. 660 · West Virginia Supreme Court · Jul 28, 1953

Moreover, Code, 30-3 and 30-14 are clearly not to be read together, from the plain words of each of the statutes. … That situation alone indicates to me that the legislature clearly intended and clearly expressed such intention to draw a line of demarcation between the two schools relating to the practice of medicine and surgery.

Wade Painter v. David Ballard, Warden

237 W. Va. 502 · West Virginia Supreme Court · Jun 8, 2016

Having established that W.Va. … Here, it -clearly does; Policy Directive 111.06(111) contains an explicit definition of “earnings.”

Teter v. Old Colony Co.

190 W. Va. 711 · West Virginia Supreme Court · Feb 18, 1994

Cases will undoubtedly arise in which the defect in the property is so clearly apparent that as a matter of law a broker would not be negligent for failure to expressly disclose it, as he could reasonably expect that the … Retail, Wholesale, and Department Store Union, AFL-CIO, 166 W.Va. 1 , 283 S.E.2d 589 (1980): “ ‘Statutes in derogation of the common law are allowed effect only to the extent clearly indicated by the terms used.

Faith United Methodist Church & Cemetery of Terra Alta v. Morgan

231 W. Va. 423 · West Virginia Supreme Court · Jun 13, 2013

The Ramage majority first examined four cases relied upon by the Williams Court and found those cases did not clearly define the term “surface.” … At that time, the surface owner tries to establish title to the minerals despite the ancient severance.76 76 Cyril A.

State v. Giles

179 W. Va. 323 · West Virginia Supreme Court · Mar 11, 1988

The latter testimony was being offered to establish a motive to bring a false charge. … Assuming arguendo, that “no reasonably qualified defense attorney" would have made the strategic choice to try all three counts together, the defendant did not establish that the failure to sever affected the outcome of the