Case law

Peters v. Kanawha Banking & Trust Co.

118 W. Va. 484 · West Virginia Supreme Court · Mar 30, 1937

The executors qualified and became responsible for the estate intrusted to them by the will. … This is clearly what the will intended and we cannot depart from its terms.

State of West Virginia v. Jimmy Dale Cearley

West Virginia Supreme Court · Mar 16, 2015

forgery that was later severed. 1 conviction and prior to sentencing, the State filed a recidivist information alleging petitioner had three prior felony convictions qualifying … In this matter, it is clear that petitioner failed to establish an evidentiary basis for an instruction on the lesser included offense of first degree sexual abuse, and, as such, his proposed instruction did not concern an

State v. Williams

196 W. Va. 639 · West Virginia Supreme Court · Jun 17, 1996

[since] DUI ... is clearly a misdemeanor, but for the fact that it has been committed two times prior to the subject offense.” … Since the decision regarding what offenses qualify as misdemeanor versus felony is solely up to the Legislature, the State contends that the absence of any language exempting offenses such as third offense DUI from the terms

State ex rel. Booth v. Board of Ballot Commissioners of Mingo County

156 W. Va. 657 · West Virginia Supreme Court · Oct 10, 1972

As to whether mandamus is the proper remedy to try title to a public office, the scope of the writ has not been clearly defined in this jurisdiction. State ex rel. Porter v. … While the Constitution, Article VIII, § 24, clearly declares that the election contest for county and district offices shall be tried by the county court, it also qualifies that power by subjecting it “to such regulations

Overfield v. Collins

199 W. Va. 27 · West Virginia Supreme Court · Feb 11, 1997

We established this general rule in the Syllabus of State ex rel. Kiger v. … Finally, we would require that the Court appoint a qualified guardian ad litem to represent the interests of the children to assure that their feelings, hopes and aspirations are fully protected. See W. Va. R. Civ.

State Ex Rel. City of Princeton v. Buckner

180 W. Va. 457 · West Virginia Supreme Court · Jul 1, 1988

Clearly, with this definition, the Court refused to include pistols as a constitutionally protected weapon pursuant to its second amendment analysis. … Ill, § 22 of our State Constitution is sweeping, and we look to the well established rules of constitutional construction in order to ascertain its meaning.

Kable v. Mitchell

9 W. Va. 492 · West Virginia Supreme Court · Sep 11, 1876

Said special commissioners further reported, that said Kable, on the day of the date of said report, paid into the hands of the special commissioners, who qualified under said decree, the sum of $3,803.25, being one-third … I remark here that this is clearly a mistake-The costs of the sale were in fact about what the court ascertained in its decree, as clearly appears from and by the record, to-wit: $85.25, which includes the cost • of survey

Hardin v. Collins

125 W. Va. 81 · West Virginia Supreme Court · Nov 24, 1942

A number of qualified witnesses testify to this effect, and further state that the handwriting is that of Hiram Collins. Against this testimony, there is no evidence whatever. … There are but few cases in the books where a deed or will has been set aside on the sole ground that the grantor or testator was mentally incompetent; but marked mental feebleness once being established, a. lesser degree

Anthony J. Veltri v. Diane Parker and John Michael Withers

232 W. Va. 1 · West Virginia Supreme Court · Oct 17, 2013

Withers used this evidence to create his case, which shows that the right clearly did not exist at the time the action was filed. Rather, Mr. … Withers sought to use the mandamus proceeding, itself, to establish his case. Thus, Mr.

State of West Virginia v. Cutright

West Virginia Supreme Court · Oct 29, 2021

The State’s second and final witness, Rebecca Harrison, who works for the West Virginia State Police, was qualified as an expert in forensic analysis. Ms. … As for Counts 1 and 4 (charging conspiracy and intent to deliver methamphetamine), the State argued that the evidence established a prima facie case for the jury to resolve.

State Ex Rel. Alsop v. McCartney

159 W. Va. 829 · West Virginia Supreme Court · Sep 28, 1976

Code, 3-10-3 might be accurate if that code section stood alone; however, Senate Bill No. 322 clearly provides for the newly created judge-ships to be filled at the general election in November 1976: *836 “The election of … Rather, such independent or splinter party candidates must qualify for ballot position in accordance with W. Va.

Tri-State Asphalt Products, Inc. v. McDonough Co.

182 W. Va. 757 · West Virginia Supreme Court · Apr 13, 1990

Ellison, 133 W.Va. 9 , 54 S.E.2d 182 (1949): “Allegations of fraud, when denied by proper pleading, must be established by clear and convincing proof.” … Although it does not appear that this photograph qualifies as an experiment or test, the admissibility of tests or experiments in evidence is also within the sound discretion of the trial court. See Spurlin v.

State v. Johnson

49 W. Va. 684 · West Virginia Supreme Court · Sep 7, 1901

free from exception and all the others Avho appeared being challenged for causes, and it appearing that the several venire facias have been exhausted, it is ordered that the sheriff of this county do summon one hundred qualified … Va. 764 : “All error is presumed to be prejudicial, and only in extreme cases, where it clearly appears that no injury could have resulted, will this Court refused to set aside a verdict rendered on erroneous instructions

RGIS Inventory Specialists v. Palmer

209 W. Va. 152 · West Virginia Supreme Court · Feb 22, 2001

established.” … If what the customer is buying is not primarily electronic data processing, then activity that might otherwise be seen as “incidental” to such processing simply cannot qualify for the exemption.

Bel-O-Mar Interstate Planning Commission v. West Virginia Commission on Aging

188 W. Va. 258 · West Virginia Supreme Court · Oct 23, 1992

PER CURIAM: This appeal by the West Virginia Commission on Aging (“WVCOA”), a public corporation established by statute, is from the final order of the Circuit Court of Marshall County entered January 16, 1992. … Reversed. . 42 U.S.C. § 3025 (a)(1)(E) and (2)(A) provide that a state agency must, in order to qualify for federal “programs of grants” benefitting older Americans: (E) divide the State into distinct planning and service

Elswick v. Charleston Transit Co.

128 W. Va. 241 · West Virginia Supreme Court · Nov 27, 1945

The testimony of Ruby Kiser objected to and excluded by the court was clearly inadmissible. Mrs. Neilson’s statement to the witness was not a part of the res gestae. “Res gestae” literally means “things done”. … It is contended that this part of the instruction is improper because the plain language of the city charter and the statute is overlooked in that the instruction does not qualify the bus operator’s duty to turn to the right

In re A.S. and J.S.-1

West Virginia Supreme Court · Apr 20, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Moreover, petitioner fails to cite to the record establishing that he contested any of the instances of domestic violence during the proceedings below.

State Farm Fire & Casualty v. Robin Skinner Prinz

231 W. Va. 96 · West Virginia Supreme Court · May 21, 2013

England started the reform that led to the statutory removal of these qualifying elements in practically every state, including West Virginia. … In any event, the Dead Man’s statute is to be narrowly construed to permit the admission of relevant testimony, unless clearly excluded by the language and purpose of the statute.

State of West Virginia v. Jarel Michael Iseli

West Virginia Supreme Court · May 14, 2018

Petitioner was age twenty-one at the time of sentencing and asserted that he qualified for a youthful offender program. … King, 205 W.Va. 422, 518 S.E.2d 663 (1999), that a hearing on the Rule 35 motion was unnecessary where “[t]he record establishes that the circuit court held lengthy hearings when the appellant pled guilty and when he was

State of West Virginia v. Darrell L.

West Virginia Supreme Court · Nov 24, 2014

Importantly, the circuit court ordered the victim be evaluated by a qualified psychologist who ultimately testified that the child was competent to testify. … As outlined above, the circuit court correctly determined that the child was competent to testify, and a direction to provide a verbal response, common in many courtrooms, does not establish otherwise.