Case law

Fields v. Mellinger (dissenting opinion by Workman J.)

West Virginia Supreme Court · Nov 18, 2020

a constitutional violation, and (2) that the claim is not barred by an applicable immunity.” 198 W. … Chen, The Ultimate Standard: Qualified Immunity in the Age of Constitutional Balancing Tests, 81 Iowa L. Rev. 261 (1995).” 198 W. Va. at 148, 479 S.E.2d at 658.

State v. Toney

98 W. Va. 236 · West Virginia Supreme Court · Feb 24, 1925

So much depends upon the manner of the juror and his tone of voice and the opportunity of the trial judge to see and know the juror, that it is the settled practice to not interfere with his finding unless clearly against … The last two cases establish the rule on this question in this jurisdiction.

State v. Plantz

155 W. Va. 24 · West Virginia Supreme Court · Apr 27, 1971

It is also clear that his statements were not obtained or induced by fear or favor or by any promise of immunity or leniency or favor or benefit or promise of treatment by a doctor or a psychiatrist. … Those cases, because of the different facts and conditions surrounding the detention of the defendants, are clearly distinguishable from the ease at bar.

Griffith v. State Workmen's Compensation Commissioner

157 W. Va. 837 · West Virginia Supreme Court · May 21, 1974

“The disability is in my opinion such that qualifies. the claimant for total permanent disability under the Second Injury statute . . . .” … An order of the Workmen’s Compensation Appeal Board affirming the finding of the Workmen’s Compensation Commissioner will not be reversed on appeal unless it is *842 clearly wrong. Pannell v.

Murdock v. Franklin Ins.

33 W. Va. 407 · West Virginia Supreme Court · Nov 20, 1889

Again, Mur-dock was, as charterer of this barge, a bailee in actual possession, having thus a special or qualified property. As such bailee he could maintain trespass or trover for its injury or loss. 3 Bob. Pr. … Though the *417 legislature may have the power to make a law operate retrospectively, it must clearly appear that such was the intention, the presumption being that it was intended to operate on future transactions.

State Ex Rel. Wells v. Matish

215 W. Va. 686 · West Virginia Supreme Court · Jul 21, 2004

The petitioner argues that the costs of arbitration are prohibitive; that WBOY-TV misrepresented the costs of arbitration when his contract was negotiated; and that arbitrators are neither qualified nor authorized to determine … The Federal Arbitration Act clearly applies in this case. See Allied-Bruce Terminix Cos., Inc. v.

Transamerica Occidental Life Insurance v. Burke

179 W. Va. 331 · West Virginia Supreme Court · Mar 11, 1988

The decedent was covered under an employee life insurance plan and under an employee pension plan established by his employer, Kelly Foundry & Machine Company, Inc. … Elkins, 114 W.Va. 742 , 175 S.E. 611 (1934), the Court held that “[t]he term ‘children’ in its primary sense, and in the absence of qualifying words and provisions, means issue of the first degree.

Eaton v. City of Parkersburg

198 W. Va. 615 · West Virginia Supreme Court · Dec 20, 1996

and a meeting with HUD indicating that Parkersburg was in danger of losing $207,000 in CDBG money and being placed on a “reimbursement plan,” which would require the city to front the money and be reimbursed by HUD for qualifying … be clearly demonstrated that the demotion of the employee is based on an objective and documented basis. 5.

Jb v. Ab

242 S.E.2d 248 · West Virginia Supreme Court · Mar 14, 1978

Accordingly we must attempt to establish the age perimeters within which the presumption is intended to operate. … Regardless of whether a father actually wants custody or would be qualified for it, a demand for custody will have an ominous effect upon a mother.

State Ex Rel. Deblasio v. Jackson

227 W. Va. 206 · West Virginia Supreme Court · Jan 27, 2011

Discussion In West Virginia, state courts are required by W.Va.Code, 59-2-1 [1999], to permit qualified indigent people to initiate civil actions without the prepayment of fees, costs, or security. … Clearly, the merits of a civil action proposed to be filed in forma pauperis is not one of the enumerated factors.

State v. Smith

220 W. Va. 565 · West Virginia Supreme Court · Jun 28, 2007

Scurlock, 99 W.Va. 629 , 130 S.E. 263 (1925), indicating that the admission of rebuttal evidence is within the discretion of the trial court and that the exercise thereof is rarely reversed, “unless the defendant is clearly … The latter Rule, in subsection (b), provides that, upon notice of an alibi defense, the State shall disclose “the names and addresses of the witnesses upon whom the State intends to rely to establish the defendant’s presence

Tony Galloway v. R.S. Mutter, Deputy Superintendent

West Virginia Supreme Court · Nov 4, 2019

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 … “In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

State of West Virginia v. David A. Thompson

West Virginia Supreme Court · Sep 6, 2016

Petitioner argues that he was not properly identified beyond a reasonable doubt as the individual who exchanged the marked money for cocaine because Officer Adkins qualified his identification with the word “appeared[.]” … The evidence also established that petitioner conspired with his brother to facilitate those deliveries of cocaine.

Arnoldt v. Ashland Oil, Inc.

186 W. Va. 394 · West Virginia Supreme Court · Dec 19, 1991

The issue presented on appeal is whether an occupant qualifies under Kentucky law as having a possessory interest in the occupied property. In Carter v. Louisville & N. Ry. … Clearly, if either Mr. Jackson or Ms. Hunt was cognizant of the fact that he had previously represented her, he or she had an obligation to reveal such professional relationship.

State v. Davis

31 W. Va. 390 · West Virginia Supreme Court · Jun 30, 1888

The court thereupon directed the sheriff to summon another qualified juror, which was accordingly done, and one G. W. … The act of 1882, taking away the right of the jury to fix the punishment, is clearly constitutional. There is no error in the judgment of the Circuit Court, and it is affirmed. Al'JfIRMKI).

Goshorn's Ex'r v. Snodgrass

17 W. Va. 717 · West Virginia Supreme Court · Apr 30, 1881

Fraud may be inferred from facts calculated to establish it.” It seems to me that this syllabus announces a correct principle. … This proposition can be admitted only in a qualified and very limited sense.

Cordial v. Ernst & Young

199 W. Va. 119 · West Virginia Supreme Court · Dec 13, 1996

Based upon our review, we do not believe that the jury was completely, clearly and correctly instructed on the law applicable to the facts. … Cordial was entitled to an instruction, tailored to this case, clearly advising the jury of the principles of Horton and clearly not limiting the jury to the consideration of representations E & Y knew to be false when made

Woofter v. Matz

71 W. Va. 63 · West Virginia Supreme Court · Oct 8, 1912

A comprehensive view of the preceding sections, including section 25, we think, clearly indicates that the legislature never intended sections 31 and 32 to apply to foreign wills probated here, el«e why the remedy given by … And the author adds: “This language is quoted and approved by Justice Bradley of the Supreme Court of the United States, and received the unanimous assent of the whole court, save that Judges Clifford and Davis qualified

State v. Burnett

47 W. Va. 731 · West Virginia Supreme Court · Apr 7, 1900

It is true that section IS of chapter 86, of the Acts of 1891, establishing a court of limited jurisdiction in Fajmtte County, provides that when the judge is; from sickness or other cause, incapable of acting, or is absent … The judge-must be appointed and qualified in due form of law. 1 Bish. Cr. Proc. § 314.

In Re Estate of Hauer

135 W. Va. 488 · West Virginia Supreme Court · Mar 1, 1951

Rollins, one of the executors named therein, qualified as the sole executor of said will. In looking over the papers of H. B. Hauer, he found a copy of a letter, dated November 8, 1946, addressed to T. K. … We think it clearly shown by exhibits filed in the case by T. K. Hauer, that, during the period from 1912 to 1942, he contributed in a substantial way to the support of his mother.