Case law

Robert Lee Lewis v. Donnie Ames, Superintendent

West Virginia Supreme Court · Nov 21, 2019

Currier’s second trial qualified as the retrial of the same offense under Ashe, he consented to it.” Id., 138 S. Ct. 2144, 2150. … Va. 573, 580, 678 S.E.2d 306, 313 (2009)(“No principal of procedural due process is more clearly established than notice of the specific charge, and a chance to be heard in a trial of the issues raised by that charge.”

State of West Virginia v. Paul H.

West Virginia Supreme Court · Apr 10, 2017

At trial, the State established that petitioner began sexually assaulting K.H. between 2008 to 2010 when K.H. was ten or eleven years old and petitioner was twenty or twenty-one years old. … Therefore, the evidence clearly supports a finding that Ms. Walls’ evaluation was for diagnostic and treatment purposes.

Osnes v. Morris

171 W. Va. 266 · West Virginia Supreme Court · Dec 14, 1982

We noted that even though incorporation of a church is illegal in this State, “if there is a foreign corporation validly and legally established under the laws of another state, a bequest made in this State is valid if such … Many such bequests have been upheld, [citation omitted] Let it be clearly understood that there is nothing in our laws or policy against the dissemination of religion or ‘the true advancement of Christianity.’

McNair v. Johnson & Johnson

818 S.E.2d 852 · West Virginia Supreme Court · May 11, 2018

This Court clearly enunciated its strong public policy regarding the safety of prescription drugs in State ex rel. Johnson & Johnson v. … The Alabama Supreme Court addressed the question now before this Court and ruled for the injured party, very clearly articulating its reasoning. Wyeth v. Weeks , 159 So.3d 649 (Ala. 2014).

In re G.W.-1, A.W. and V.W.

West Virginia Supreme Court · Sep 20, 2022

She admitted she was not a licensed psychologist, and she testified as a lay witness because she did not qualify as an expert witness. Ms. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

William J. v. Marilyn J.

West Virginia Supreme Court · Nov 16, 2018

[T]imber values ‘per s[e]’ are out of the appraiser’s realm of expertise and the appraisers recommend that the property be cruised by a qualified professional.” … Husband’s arguments in support of his position that Wife’s jewelry is marital property are not clearly articulated.

Taylor v. Philippi

35 W. Va. 554 · West Virginia Supreme Court · Nov 14, 1891

(1) Au adversary possession must be actual, as contrasted with constructive, possession ; that is, such as is the incident of the true legal title when there is nothing to qualify or break its force-. … In conclusion, we think it has been clearly shown on the part of the town of Philippi (1) that AYilliam P.

State of West Virginia v. Mitchell Coles

234 W. Va. 132 · West Virginia Supreme Court · Sep 18, 2014

One exception to this rule permits a defendant to show that the face of the record in the case establishes that a court lacked power to convict or sentence the defendant. 3. … Amendment.20 In Syllabus point 1 of Conner, we summarized our double jeopardy principles: The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity

Keystone Bridge Co. v. Summers

13 W. Va. 476 · West Virginia Supreme Court · Jul 6, 1878

Understand the words “ to the proprietors or tenants ” not to designate the party, entitled to charge the county with the compensation, but to qualify the words, “ compensation ” only, and to designate what compensation is … The provision above cited in the mill law and general law of Virginia shows clearly, that the legislation, which it required for convenience, that no one but the “tenant in possession as visible owner” should in any case

State of West Virginia ex rel. Aaron Jimmie Urban v. The Honorable David Hardy, Judge of the Circuit Court of Kanawha County

West Virginia Supreme Court · Nov 12, 2025

A circuit court’s ruling on involuntarily administering medication to a defendant for competency restoration purposes must follow the four-part test established in Sell v. … 13  When analyzing the first factor of the Sell test, the circuit court found, and we agree, that the State’s interest in restoring the petitioner’s competency “qualifie

State of West Virginia v. Lemons

West Virginia Supreme Court · Mar 23, 2021

, and will not ordinarily be disturbed on appeal unless clearly erroneous.” … At trial, there was evidence presented that established petitioner was at the victim’s house near the time of the murder.

Pennybacker v. Laidley

33 W. Va. 624 · West Virginia Supreme Court · Mar 25, 1890

This then is the plaintiff’s own testimony in regard to a matter as to which no one was so well qualified to testify as herself. … There is no doubt that courts of equity will correct mistakes of the scrivener in drawing a deed, when he has not drawn it in accordance with the clearly established directions, and intentions of the parties.

Hampden Coal, LLC and Oliver Hunt v. Michael R. Varney

810 S.E.2d 286 · West Virginia Supreme Court · Feb 16, 2018

Varney must establish both substantive and procedural unconscionability before the Agreement can be deemed unenforceable. … Lastly, we agree with the petitioners that West Virginia Code § 23-4-2(c) reflects the Legislature’s intent to create a narrow exception to the workers’ compensation benefits system and the immunity provided thereunder

Morgantown Mall Associates v. City of Westover

West Virginia Supreme Court · Sep 1, 2017

circuit court concerning a new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly … Lastly, the record on appeal supports the circuit court’s finding that Westover established the seven requirements of West Virginia Code § 8-6-5.

In Re: I.T. and S.T.

West Virginia Supreme Court · Nov 14, 2016

The pediatric nurse practitioner who treated the child was qualified as an expert and testified that after testing and examination, she determined that the bruising was caused by some outside force or act. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Fowler v. Lewis's Adm'r

36 W. Va. 112 · West Virginia Supreme Court · Feb 12, 1892

Rep. 281) is clearly not applicable. An attorney was employed to defend in a state court a suit to set aside a deed of land. … The Chief Justice said that immunity from the decree was claimed because the bankrupt act made the jurisdiction of the United States courts exclusive in such cases, and said: “We thus have jurisdiction, but, as the decision

Crawford v. Snyder

228 W. Va. 304 · West Virginia Supreme Court · Nov 16, 2011

He says that the evidence only established *313 that he acted negligently by looking down for something in his car while entering a construction zone. … The circumstances that warrant a punitive damages assessment by the jury have long been established by this Court. In Syllabus Point 4 of Mayer v.

Taxi Service, Inc. v. Public Service Commission of W. Va.

177 W. Va. 716 · West Virginia Supreme Court · Apr 13, 1987

All of Brown’s Limousine’s drivers had been qualified by the federal Department of Transportation. … Service Commission granting authority to operate as a contract carrier will be reversed, as being clearly wrong, where the applicant for such authority fails to sustain the burden of proof required by W.

Smiley v. Citizens F. M. & L. Ins.

14 W. Va. 33 · West Virginia Supreme Court · Nov 9, 1878

J think the proper construction clearly implies the disjunctive.after the comma. … ‘Any explosion whatever’ is the phrase used in the condition to the policy; and it is qualified by the context only to the extent, that it must be an ‘explosion’ of some ‘explosive substances,’ and of sufficient force to

Hays v. Harris

73 W. Va. 17 · West Virginia Supreme Court · Oct 21, 1913

Heal and Kinnard Snodgrass his executors, and they qualified as such, and have fully administered the estate. … distinct from section three and relating to trusts created for the benefit of churches, religious sects, societies, congregations or denominations, as a place of worship or burial, or as a residence for a minister; and it clearly