Case law

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

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.

Royce D. Burdette v. Donnie Ames

West Virginia Supreme Court · Dec 7, 2020

with [p]etitioner regarding a possible request for bifurcation, counsel’s decision not to seek bifurcation was based on strategic considerations, and [p]etitioner has failed to demonstrate that no reasonably qualified … We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to 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

State Ex Rel. Moats v. Janco

154 W. Va. 887 · West Virginia Supreme Court · Mar 29, 1971

It is not disputed that he was duly qualified to act as a justice of the peace. … On the contrary, the Court has disregarded well-established principles abundantly sustained by prior decisions of this Court, by declining- to hold that the judgment was merely voidable and hence not subject to attack in

Devendorf v. West Virginia Oil & Oil Land Co.

17 W. Va. 135 · West Virginia Supreme Court · Nov 20, 1880

of qualifying words to his signature implying that he is acting in an official or representative capacity,” and cites a number of authorities in support thereof; but cites also the case of Leach v. … fact is clearly shown, the company should be held liable thereon under circumstances.

Mayhew v. Mayhew

205 W. Va. 490 · West Virginia Supreme Court · Jul 14, 1999

May-hew had established that Mr. … The rejection of a dual burden of persuasion must be clearly understood as applying only to Mayhew I’s requirement that the nonproperty owner carry the burden of proof in establishing active appreciation and the property

In re A.B. and B.B.-1

West Virginia Supreme Court · Jun 22, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Here, the evidence established both of these factors, making a home study unnecessary.

State Ex Rel. Miller v. Smith

168 W. Va. 745 · West Virginia Supreme Court · Dec 18, 1981

Evidence of this shift can be found in the recent development of various immunities afforded to witnesses before federal grand juries. See, e.g., 18 U.S.C. §§ 6002-03 (1976); Kastigar v. … We agree with the petitioner that such a course of action on the part of a prosecutor is clearly improper.

Reedy v. Propst

169 W. Va. 473 · West Virginia Supreme Court · Mar 11, 1982

In several respects the estate devised the appellee resembles a fee simple determinable, also called a base or qualified fee. … Singer, 162 W.Va. 502 , 250 S.E.2d 369 (1978), and thus will find a condition to be precedent only when the will clearly manifests such an intent on the part of the testator. Suter v.

Stone v. St. Joseph's Hosp. of Parkersburg

208 W. Va. 91 · West Virginia Supreme Court · Oct 20, 2000

A more direct and succinct review of our existing statutes and corresponding state regulations clearly allows the Appellee to bring the action he did. See W. Va.Code § 5-11-3(m) (1998) and W. … Stone clearly caused the Hospital's case to founder at trial. Mr. Stone lost a substantial amount of money as a result of his involuntary transfer.

Stuart v. Stuart

18 W. Va. 675 · West Virginia Supreme Court · Nov 26, 1881

But this rule established by these authorities, whereby the word, heir, when used in respect to a.living person means heir apparent, is inapplicable to the devise oí a future estate. … In such case the word, heir, has its strict legal meaning, unless a different intention appears clearly from the context. See Campbell v. Rawdon, 18 N.

Arnold Harrison v. Porsche Cars North America, Inc.

West Virginia Supreme Court · Apr 12, 2016

Petitioner thus contends that he “clearly argued that the opt-out was adequate notice in the pleadings and at hearing.” … Pulsaski, [171 W.Va. 79,] 297 S.E.2d 854 [(1982)].”7 In its Rule 12(b)(6) order, the circuit court concluded that petitioner’s allegations were not sufficient to establish a “sudden calamitous event” under Star Furniture,

State v. King

183 W. Va. 440 · West Virginia Supreme Court · Jun 28, 1990

The things that’s [sic] on the tape are not offered to you for the purposes of establishing or proving the truth of anything that was said in this statement. … W.Va.Code, 52-1-11 [1986] authorizes a court to excuse a qualified prospective juror from jury service upon a showing of undue hardship, extreme inconvenience, or public necessity.

Smith v. Ward

66 W. Va. 190 · West Virginia Supreme Court · Nov 9, 1909

The covenant of general warranty, unless qualified by the contract, in terms is a protection against defects of title whether they result from mistakes of law or mistakes of facts.” ' See Rawle 123. … I thought that the, above quotation from Judge SNYDER was ample to establish the proposition that where a general warranty is made, knowledge of defect of title does not preclude the grantee from the benefit of the warranty

Waynesburg Southern Railroad Company v. Lemley

154 W. Va. 728 · West Virginia Supreme Court · Dec 15, 1970

Waynesburg is a corporation organized under the laws of the Commonwealth of Pennsylvania and is duly qualified to do business in tire State of West Virginia. … Such evidence does not constitute proof that this railroad was established and is operating for private rather than public use.

Winters v. Campbell

148 W. Va. 710 · West Virginia Supreme Court · Jul 7, 1964

This view, strengthened by the fact that the magistrate may often be protected by the doctrine of judicial immunity and the officer by the apparent regularity of his process, has led some courts to affirm in broad terms the … established.

State Ex Rel. Ring v. Boober

200 W. Va. 66 · West Virginia Supreme Court · May 30, 1997

Article VIII, Section 10 otherwise provides, in relevant part, that a jury in a magistrate court “shall consist of six jurors who are qualified as prescribed by law.” … Initially, we note that the magistrate court system was established pursuant to the Judicial Reorganization Amendment of 1974. See State ex rel. Burdette v. Scott, 163 W.Va. 705, 706-7 , 259 S.E.2d 626, 628 (1979).

Board of Education v. Zando, Martin & Milstead, Inc.

182 W. Va. 597 · West Virginia Supreme Court · Feb 22, 1990

The court qualified him to testify as an expert as to structural matters. In Syllabus Point 3 of Ventura v. … be disturbed unless it clearly appears that its discretion has been abused.’

Wood v. Wood

190 W. Va. 445 · West Virginia Supreme Court · Dec 10, 1993

Thus, the Appellee’s credit union deduction taken to pay a loan for his second wife’s car is clearly not permissible. … The Plaintiff is now and plans to continue taking courses in education and counselling so that she may be able to qualify for employment.